• Conducting tenders: rules and procedures for participation in electronic auctions. What is a tender? Types, preparation and conduct of the tender Tender conditions

    What types of tenders exist, what are their features, how beginners participate in them.

    Many novice businessmen have no idea how to participate in tenders. Due to the fact that it is through tenders that a considerable part of goods and services is sold in various sectors of the economy, this issue is relevant and requires clarification. What do beginners need to know about participation in tenders, what kind of documentation is needed in this case, what are the positive and negative aspects of such a procedure.

    The word "tender" in translation into Russian means "offer". However, before proceeding to enumerate the existing types of these "offers", it is necessary to clarify some details. In the legislative framework of our country, the term "tender" is absent, instead of it the terms "bidding", "competition", "auction" are used. Nevertheless, the word has taken root in business circles.

    A tender is an event during which, on the basis of free competition, contractors are selected for the purpose of purchasing goods, services or works.

    The peculiarity of all types of tender selections is that such events contribute to the conclusion of a contract on attractive terms for the customer and contractor.

    Table: Legislative framework governing the procedure for participation in public procurement tenders and electronic auctions

    Name of law or codeCharacteristic
    Civil Code of the Russian FederationCivil Code of the Russian Federation in Art. 448 regulates the organization and procedure for conducting all types of auctions (with the exception of those in which state and municipal authorities participate).
    Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"This law regulates the organization and conduct of tenders in which the customer is the state and municipal authorities.
    Federal Law No. 223-FZ “On Procurement of Goods, Works, Services by Certain Types of Legal Entities”Regulates the procedure for conducting tenders for state corporations and companies, subjects of natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic and subsidiaries, in the authorized capital of which the share of participation of the Russian Federation or a constituent entity of the Russian Federation in the aggregate exceeds 50%.

    The type of tender depends on the following factors:

    • from the purpose of conducting (tenders for sale and tenders for purchase);
    • on the nature of the procedure (tender, two-stage tender, auction, request for proposals, request for quotations, competitive negotiations);
    • on the form of holding (open and closed tenders);
    • from the category of the customer (state and commercial tenders, purchases with certain legal entities);
    • on the type of documentation used (tenders are held on paper and in electronic form).

    Table: specifics of the main types of tenders

    Types of tendersFeatures of the procedure
    For sale and purchaseThe type of competition depends on the purpose of the organizer, i.e. he intends to acquire or sell something. Thus, the participants in such a procedure have opposite intentions (one side is a seller, the other is a buyer).
    • one-stage and two-stage competition,
    • auction,
    • request for proposals,
    • quote request,
    • competitive negotiations
    The specifics of this classification are as follows:
    1. Contest. It is carried out in the case when it is meant to carry out complex work from a technical or organizational point of view. It is understood that performers with appropriate equipment and qualifications will take part in the competition. If the tender is held honestly, it is won by the organization (or individual entrepreneur) that expresses a desire to complete the project at a high technical level and at the most attractive price for the organizer.
    2. A two-stage tender is organized if the customer is not able to immediately determine some of the conditions of the project. First (at the selection stage) he selects the most interesting proposals for himself, then (at the second stage) he determines whose conditions seem most suitable to him.
    3. The auction is organized in the event that for the customer in the foreground is the monetary factor. The auction participants announce their conditions, and the winner is the one whose conditions or price are more acceptable to the organizer.
    4. When requesting quotations, the customer analyzes the first proposals received from the bidders. The victory is won by the side in whose favor he makes a choice.
    5. When requesting proposals, the customer analyzes the proposals received, evaluating not only the financial component, but also the technical one.
    6. competitive negotiations. All persons who meet the requirements are entitled to start negotiations. This type of tender is considered the most transparent. At the negotiations, all the nuances of the project are discussed, the possibilities of each performer are considered.
    open and closedThe open form gives a chance to participate to all interested. If the tender is closed, then invitations are sent only to a certain number of participants.
    Grounds for holding a closed tender:
    • the contract is related to a commercial or state secret;
    • the number of participants is small in the area in which the tender is held;
    • the cost of holding an open tender is not justified.

    Stopping his choice in favor of one of these forms of tender, the customer should not go against the law.

    Government and commercial, purchases with certain legal entitiesThe features of this classification are as follows:
    1. State tenders. The organizer of such tenders is a state authority or a state institution. The law strictly regulates the procedure for holding a competition - from the development of conditions for participation to the selection of applicants for the role of a performer. In addition, all actions of the organizer in this case are accountable: he cannot, at his own request, change the established rules, expand the list of acquired material assets and services.
    2. Purchasing with certain legal entities. These include state-owned companies, corporations, monopoly organizations, federal and municipal unitary enterprises, autonomous institutions and some other legal entities. In this case, the customer can already independently establish the conditions of the tender and determine the form of its conduct (the law provides for two options - an auction and a tender, but there is currently no ban on expanding the list).
    3. commercial tenders. These are purchases that are carried out by commercial organizations according to their own rules, which do not contradict the Civil Code of the Russian Federation and 135-FZ, and using their own funds. The rules of the tender, the requirements for persons wishing to participate in them, the algorithm for determining the winner and other details of the tender in this case are determined by the customer himself, without the participation of the state. In addition, the organizer of a commercial tender has the right not to place an announcement on preparation for the event in the unified information system.
    Competitions in electronic form or on paperRegardless of the form in which the tender is held, the organizers introduce special methods for controlling all incoming information (using EDS on an electronic platform, etc.). The terms of participation in the tender, both in electronic form and in the personal presence of the participant at the event with a paper package of documents, are announced by the customer himself. It should be borne in mind that they are the same for each performer.

    Each of the listed tenders is organized according to its own rules. The determining factor in choosing the method by which the contractor will be installed is the will of the customer.


    Participation in the tender involves many difficulties and subtleties. This should be taken into account when making an application and necessary. You need to understand the basic rules of tendering and be an experienced player in this market.

    Tender - competitive selection of a contractor to provide services, perform work or supply goods, in accordance with the requirements and conditions of the customer and within a specific time frame.

    Any organization can participate in the tender. The customer puts forward certain criteria for bidders. This information is provided in the form of a document that contains the following items:

    • under what conditions applications of participants are accepted
    • What are the deadlines for the competition and consideration of proposals?
    • with the winning bidder
    • is there a tender security and its amount

    Anyone can take part in the competition. To do this, they prepare the necessary documents, a tender offer and draw up an application for the execution of the order.

    To successfully participate in tenders, you must follow a number of rules:

    1. You must strictly adhere to all the rules and conditions of the competition.
    2. Each applicant must strictly follow the requirements of the customer.
    3. The submitted application indicates that having won, the participant is ready to fulfill the terms of the contract.
    4. A well-written application is the first step to success, because the presence of an error may be the reason for refusal to accept it.
    5. The tender application must be submitted within a clearly defined time frame, otherwise the refusal is guaranteed.
    6. Any change in bids, as well as cancellation of the tender, can be made before the end of the deadline for accepting bids.
    7. Participants of the selection fully bear the costs associated with the competition.
    8. closed information that is not subject to disclosure, this also applies to information about the consideration of tenders.

    In addition, a number of federal laws regulate the basic rules for conducting tenders. These rules must be followed by both the organizers and participants of the competitions.

    Instructions for participation in tenders

    Tenders provide an opportunity for small companies to express themselves and receive interesting proposals for cooperation. And the customer receives a large number of applications from potential contractors, and can choose the most advantageous offer.

    There are the following types of tenders:

    • open
    • closed
    • specialized auctions with limited participation
    • request for quotations

    Open tenders

    The main characteristic of open tenders is that any organization can take part in the competition. Information about such auctions is placed in the public domain. As a rule, this type of tender is used for public procurement. Subject to free access to the requirements of the auction, a very large number of applications are received, which makes it possible to choose a company that has offered the maximum cooperation.

    Applications for participation in the competition must be completed and meet the requirements put forward by the customer. The prepared package of documents is sent by registered mail or delivered personally to the specified address.

    You can apply only once. At the same time, the information that is indicated in it must remain confidential until the start of the auction. The customer stipulates the terms, after which the envelopes with applications are opened, and the contractor is selected.

    Closed tenders

    If the auction is arranged as a closed tender, then only a certain circle of invited persons, who were previously selected by the organizer of the auction, can take part in it. Often, they take part in such auctions.

    At the first stage of the closed tender, the selected participants are sent an invitation to participate in the auction. If the participant accepts such an invitation, the customer shall provide him with the tender documentation. After receiving it, the participant proceeds to prepare the necessary documents following the requirements of the customer.

    If the customer makes any adjustments to the tender requirements, he must notify each bidder in a timely manner.

    After all the offers have been received, the customer gets acquainted with their content and selects the most advantageous offers. A contract is concluded with the winning performer, after signing of which the other participants are notified of the closing of the auction.

    A closed tender is held in cases where the customer is interested in purchasing goods with specific characteristics, which are supplied by a small number of enterprises. Also, such a tender is applicable for small volumes of purchases.

    Closed auctions include:

    • relatively small financial costs compared to an open tender
    • absolute confidentiality
    • short deadlines for the selection of the contractor

    It should be noted that holding a closed tender must be coordinated with state authorities.

    Specialized auctions with limited participation

    A tender with limited participation imposes certain conditions on the participants: the presence of certain tolerances, belonging to certain states, etc. Such purchases are suitable for cases where the execution of work requires a specialized approach and is characterized by certain difficulties, and they can be offered to a small number of participants. In such auctions, as well as in a closed tender, invited pre-selected participants take part in the competition.

    Quote request

    A request for quotation involves the selection of a supplier for the purchase of products with similar characteristics. The purpose of such a tender is with the lowest price.

    By organizing a tender, the customer asks for a price for a certain product. Suppliers in the quotation application name the price for which they are ready to supply a specific product. The price is announced once and cannot be changed.

    After determining the best price, the customer sends an invitation to the winner of the auction for negotiations with further signing of the contract. If the negotiations were successful, the customer notifies the other suppliers participating in the tender about the closing of the competition.

    Electronic auction

    When conducting electronic auctions, information about them is posted on electronic trading platforms. The main requirement is put forward to the participants - on such sites. Participants send electronic applications with the necessary documents for participation in the tender to the operator of the trading platform. He, in turn, redirects applications to the customer within one working day from the date of receipt of documents.

    Dangerous myths

    In the business world, there are myths about tenders that cause many companies to lose money because they do not risk taking part in the auction. Knowing about them, it is easier to decide whether it is worth participating in the tender and correctly calculate your strength.

    The first myth is that all tenders are custom-made. There is an opinion that many customers create their orders by prior arrangement. Having received a bribe from an interested supplier, the customer announces a tender, which is essentially formal in nature, because. the performer has long been known, and others will not be able to win the tender. This is not entirely true. Although there is still a certain percentage of purchased tenders. In such cases, the customer will put forward such conditions and requirements that only a specific contractor can satisfy. Therefore, with a detailed study of the requirements for the order and other documents, it is easy to calculate custom tenders. It is necessary to pay special attention to the size of the transaction. Most often, large multimillion-dollar orders are paid.

    The opinion that the tender is carried out for the work performed is the second common myth. Quite often there may be situations when the work was completed first, and then a tender competition is held. In order not to get into such situations, carefully study the conditions put forward by the customer. And you need to remember that the likelihood that tenders with expensive orders were created for the work done is very high.

    The third myth is that it cannot successfully participate in tenders. In other words, tenders are won only by large and eminent companies. By participating in the tender, the participant bears certain monetary expenses. But if suitable orders are found, these costs will be reimbursed. Do not forget, the more serious the order, the more stringent requirements are put forward to the participants. However, small businesses can successfully bid for small orders or participate in electronic competitions.

    Psychological tricks

    The surest way to success is communication with customers. There are some psychological tricks that should be applied to enter and win tenders:

    1. Experienced players advise the first thing in a conversation with a customer to determine his problem, consider it from different points of view and suggest solutions.
    2. Study available information about the customer company. Chat with those who worked with her. This will give you the opportunity to understand important aspects for the customer. They should also be included in your tender.
    3. Provide the tender committee with a list of your customers. This will show your competence in solving any problems.
    4. A list of achievements will best describe you as a qualified specialist.
    5. Many customers are interested in what benefit you can bring to him and in what way. And only then pay attention to professionalism in business.
    6. Provide guarantees. This will show that you can be trusted.
    7. Take part in tenders more often, and even if luck is not always on your side, do not give up. You need to believe in success and then everything will definitely work out.

    There are different types of tenders, and each of them has its own rules and nuances. Having dealt with the basic rules for conducting tenders, any company will be able to correctly and correctly fulfill the requirements of customers.

    For successful participation in any tenders - soberly assess your financial capabilities. Remember, the application for participation in the competition must be correctly executed. in your application will draw the attention of the customer to you as a reliable contractor. And most importantly, the more often you take part in tenders, the more experience you will gain, which means that the chances of winning the tender will only increase.

    Write your question in the form below

    Now holding tenders for the purchase is the method of optimal and acceptable solution that any large company or organization sets for itself. Such events have become popular and in demand services in recent years.

    What are the main reasons for organizing a procurement tender:

    1. Corporate requirements that are fundamental in any company. The main area of ​​research is the procurement policy at the enterprise.
    2. The great desire of the company or the customer to hold an auction in order to eventually get the best solution for a good price.

    Many organizations and companies decide on the choice of a supplier company. Today there is a closed and open tender for the purchase. All state organizations are subject to similar requirements for orders. The cost of such purchases can reach high levels.

    Organizational work on the tender

    The public procurement tender procedure implies a number of main tasks and stages. The organization and preparation of tenders must be provided by the customer. If he himself is not able to hold the event, he can entrust his duties to the organizer, who will form a special tender committee. It can act permanently or temporarily. Such a group may include representatives of the customer, specialists from the relevant ministry, central executive authority, local state administrations, public or design organizations, and independent experts. This list can be supplemented according to the customer's own wishes.

    In any case, the head of the enterprise or organization, that is, any official chosen by the customer, becomes the chairman of the commission for organizing the competition.

    The organizer/customer carries out a lot of preparatory work. These include:

    1. Publication of announcements of tenders, as well as the invitation of contractors in the event of a closed tender.
    2. Registration and acceptance of applications from contractors for participation in the auction.
    3. Development of the necessary documentation on preliminary information, qualifications of applicants, as well as areas of activity.
    4. Preparation and analysis of tender documentation and sending it to applicants.
    5. Organization of visits by participants to procurement sites.
    6. Providing answers to questions of interest from participants regarding the clarification of information contained in the tender documents.
    7. Making changes and additions to the tender documentation.

    The Tender Committee performs the duties assigned to it and must ensure that preliminary measures for the qualification of applicants are carried out, as well as registration and storage of proposals or offers.

    He must evaluate the bids and, based on the results, make the best decision, draw up all the documentary papers on the final results and the procedure for conducting, prepare a report on the bidding, and also determine the only winner.

    To determine how to conduct a tender for the purchase, it is necessary to pay attention to the current legislation of the Russian Federation.

    How to organize a tender for the purchase

    Many people ask questions to specialists about how to organize a tender for the purchase. In order to conduct the event as accurately and correctly as possible, you must first draw up a plan. In addition, it is worth considering important points:

    1. Decisions of the tender committee shall be taken only in closed session. During the meeting, at least half of its main composition may be present. The decision is made by voting.
    2. If the members of the competition commission vote equally, then the voice of the chief chairman will be final and decisive.
    3. Any decision of the tender committee must be formalized using a special protocol. It is signed by all present members of the tender committee, taking part in the voting.
    4. The customer must control the entire process of work related to the organization and conduct of the procurement event. He also solves the main issues that arose during the auction. The customer approves the minutes of the meeting of the tender committee, checks the tender documentation and considers the complaints received from the participants.

    The customer is the main person in any competition for the purchase of goods. He can take part at any preparatory and organizational stage.

    Companies or individuals who have decided to participate in the tender should study a large number of rules, knowledge of which will be required in the future for everyone who wants to participate in the auction. Basically, the rules of the tender are explained by the organizer's consultants. You can contact them by phone numbers, which are indicated in the tender documentation.

    The procedure for organizing an auction

    The general provisions regarding the organization of such events primarily include the fact that private entrepreneurs and legal persons, regardless of citizenship, have the right to take part in them. However, if a company from another country is involved in the transaction, then the preparation and signing of the final documentation upon completion of the auction in Russia must be carried out in accordance with the laws of the Russian Federation.

    To participate, it is necessary to submit an application, drawn up in Russian, in the form that is attached to the tender documentation. By submitting an application for participation in the auction, the applicant confirms that he is familiar with the rules for participation in these events and undertakes to comply with them. If during the competition the participant deviates from the established procedure, then he is removed from participation, and his proposals will not be considered in the summing up.

    Obligations and rights of the tender commission (auction organizer)

    The work of the commission should be based on the charter of the enterprise, the Civil Code and the Constitution of the Russian Federation. In addition, the person responsible for organizing the competition is obliged to act in accordance with the regulation "On the organization and conduct of tender and competitive events."

    The main functions of the commission include:

    • drafting of documents;
    • notification of the beginning of the auction of all tenderers;
    • collecting applications from potential participants;
    • consideration of questions from contestants who have submitted applications regarding the future regulations of the event;
    • qualification of participants based on the submitted tender and other documentation;
    • analysis and evaluation of proposals;
    • summing up the results of the tender and the announcement of the winner.

    The organizer of the auction has the right to independently decide on the extension of the period during which companies can submit applications for participation in the auction. If necessary, the tender commission may at any time require the participants to clarify any information in the submitted documents or correct inaccurate wording found in them. If the participant refuses to fulfill the requests of the organizer, then he is removed from the auction.

    Also, it is worth knowing that the organizer is not obliged to reimburse the bidders for any material costs incurred by them during the tender events and has the right to reject applications without explanation.

    Rules for compiling and submitting qualification documents

    The rules for conducting tenders include the correct execution and provision of all necessary documentation and proposals to the organizer. All qualifying documents and proposals must be submitted to the secretary of the commission in two envelopes, to which is attached an inventory of investments stamped with the company's stamp and signed by its owner. Both sealed envelopes are opened only by a representative of the tender commission in the presence of the owner of the enterprise or his authorized representative, after which the attachments are checked against the list of documents required for participation.

    In the event that the list of documents is incomplete or does not comply with the competition regulations, the secretary of the tender commission is obliged to refuse the applicant and return the envelopes to him.

    Qualification of the auction participants

    All requirements that may be imposed on bidders are contained in the qualification documents or any other papers related to attracting bids at the auction. The organizing committee must evaluate the applicants. This process is necessarily based on the analysis of tender documents. Evaluation and debriefing is performed without the presence of participants.

    Summing up the results of the auction and determining the winner

    The winner of the tender events is the contestant who, in the opinion of the organizer, was able to provide the best offer regarding the subject of the auction. The best offer must meet the combination of the following parameters:

    • price;
    • qualification;
    • work schedule and payments.

    Sometimes, in order to make a final decision, the auction organizer may require additional information from those wishing to participate. If, after the announcement of the results of the auction, any inconsistencies or hidden facts are found that are contrary to the rules of the tender, the winner is removed from the auction. A new winner will be selected within five business days.

    If the contestant of the tender event is not satisfied with the decision of the organizer regarding the selection of the winner, then he has the right to apply to the head of the company and write a corresponding application addressed to him.

    Changes in auction requirements and cancellation of auctions

    Any company may, within two weeks after submitting an application for the organization of a tender, change the conditions in relation to the participants in the auction or completely cancel the auction. Notification of the cancellation of the event is made in the same way that the contestants were informed about the start. If the organizer of the tender received only one application for participation in the auction, then he is obliged to cancel them and announce the start of a new auction.

    The standard tender procedure implies the holding of a competitive event. The term "tender" itself refers to the process of a reverse auction, where there is a buyer for a certain product, work or service. Several sellers can directly participate in the auction at once.

    The legislation of the Russian Federation allows the use of the following trading options:

    • specialized closed,
    • two-stage,
    • quote request,
    • purchasing from a single source.

    The main method of public procurement is a tender. It is a certain way of issuing an order for the supply of goods, carrying out various works or providing specific services. All these works must be announced in advance, taking into account the tender documentation, where all the conditions are prescribed, including the final deadlines, built on the principle of competitiveness, efficiency and fairness.

    All public contracts are drawn up and signed with the winner of the tender or the bidder who submitted the offer. It must meet all the requirements of the tender documents, which contain optimal and acceptable conditions.

    Tender scheme

    It is an easy procedure. During the auction, the participant must announce the starting price for the object and the volume of the price increase. When bidders increase the starting price of an item, they cannot bid lower than the bidder's. The person who offers the highest bid is announced with the help of an auctioneer. He must loudly announce the last highest bid three times, and if during this time no one has offered other options, he announces the winner. The tender is considered closed if at least two participants raised their rates.

    The procurement procedure of the tender is carried out in accordance with the current legislation of the Russian Federation. It can be carried out in several basic forms. The entire responsibility for the application and selection is assumed by a member of the tender committee on the part of the customer.

    The tender procedure plays a major role in open tendering. The name of such a competition suggests that absolutely anyone can apply for participation.

    Acceptance and processing of received proposals begins from the moment the official printed publication is released. It publishes all the necessary information about the customer, brief characteristics of the subject of procurement, an indication of the place, as well as the deadline for issuing tender documentation. The date and place of disclosure of all applications can also be indicated here. All proposals are accepted by a specially created commission in writing. If necessary, applications may be accompanied by documents showing bank collateral.

    The pre-documentation procedure may be needed when it is required to determine the level of compliance of all bidders with eligibility requirements.