Public procurement business from scratch: step by step instructions. How to organize a business on tenders: ideas, perspectives, examples from life How to take a tender for government orders

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

What is a tender?

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

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

How to use tenders for small businesses?

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

Both parties benefit. The company does not have to keep an independent unit (tendering specialist) on staff, and you will get the opportunity to earn on the remuneration for providing such a service.

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

Implementation of the idea comes down to two stages:

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

So, you regularly look through all the sites where electronic auctions are held, and then invite companies to take part in one or another purchase.

As for making money on tenders, it is important to set a price category that will be beneficial for sellers. Many companies subscribe to websites that provide up-to-date information about tenders. Such a subscription costs from 8 to 20 thousand rubles. The intermediary is ready to cooperate for 600 rubles a month. Perhaps this amount will seem too small to you, but the client will not be alone. And this price includes only the search for suitable tenders. If you also take remuneration for participation in the auction on behalf of the company, then the prices will be much higher.

Intermediaries with experience, as a rule, simultaneously work with 40-50 companies. It is easy to calculate that anyone with a competent approach will receive a very good profit.

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

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

Stages of cooperation

So, the approximate steps for your mediation in the implementation of the tendering plan would be as follows:

1. Search for tenders.

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

1. Obtaining an electronic signature and accreditation.

For your client, you receive an electronic signature, without which it is impossible to participate in tenders. Also carry out the passage of accreditation on the trading floors.

1. Application preparation.

Submit an application, request for proposals, quotations, etc. You consult clients at all stages of the auction. You perform the main actions, the client only needs information support about his activities and products.

1. Participation in the tender.

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

1. Conclusion of a contract.

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

The intermediary is the main actor when participating in the tender

Personal experience

A few years ago, together with my wife, we decided to open a tendering business on behalf of various companies. We didn’t need an office, we were looking for clients ourselves, that is, we didn’t spend any money on advertising. The wife was engaged in accounting and communicated with manufacturers and suppliers of goods. By the way, direct contacts have given us an excellent customer base with low prices and short delivery times. The first year we worked on a prepaid basis, then, when they found out about us, they began to receive a commodity loan.

I was engaged in communication with clients, trips to suppliers. Overhead costs were minimal. We agreed in advance to work from the supplier's warehouse or to make 2-3 shipments. This allowed me not to buy a truck and not to rent a warehouse. Hired delivery drivers when needed. The financial part amounted to 600,000 rubles of borrowed funds. Taxation is a simplified system.

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

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

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

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

If you have any questions about this type of business or have your own experience in this area, we are waiting for your comments. We value any of your opinions!

The Public Procurement Law has been in force for more than 10 years. However, many entrepreneurs are hesitant to apply for participation in competitions and auctions. These are unjustified fears. The requests of organizations are very diverse, and the volume of supplies, taking into account the total course for savings, are quite affordable for small businesses.

Many entrepreneurs successfully build a business on public procurement, but there are also those 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 MP, whose revenue is 80% secured by government contracts.

Public procurement and state order, regulatory documents

Main regulatory documents:

1. No. 44-FZ of 04/05/2013 - "Law on the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
2. No. 223-FZ of July 18, 2011 - "On the procurement of goods, works, services by certain types of legal entities."

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

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; budget institutions;
4. enterprises providing water, gas, heat supply;
5. organizations with a share of state, municipal participation of more than 50%.

A legal entity of any form of ownership, an individual entrepreneur can become a supplier, regardless of location, registration (since 2015, with the exception of those registered in offshore zones). Customers are obliged to use competitive methods for selecting contractors (Fig. 1). The winner is the participant who offered the lowest price, the best conditions. The public 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 value of assets.

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

In 2015, the FAS Russia initiated 22,063 cases under the Code of Administrative Offenses for violations of Law No. 44-FZ, issued fines - 18,966, recovered - 158.3 million rubles. Of these, 6,425 cases were for approving procurement documentation that did not meet the requirements (5,469 fines); 5,237 - for violating the procedure for selecting suppliers (3,452 fines). Data from the report of the Ministry of Economic Development.

How the work of the EIS is organized

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

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

Since 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 contract - to the documentation for the application and protocols. Government customers will be required to carry out purchases strictly on schedule.

What information does the customer provide?

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

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

The term for making changes is 15 days, and when 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

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

For example, here are the search results for several randomly selected queries:

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

By selecting, for example, a specific order in the registry - public procurement for small businesses, you can view full information about the conditions by pressing 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 a minimum share for SMEs and SONCOs of 15% of the total annual volume of placed purchases. At the same time, they can apply in any auctions and competitions, including closed and with limited participation - if they have a license or permission 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 notice, while the initial (it is also the maximum) price of the contract should not exceed 20 million rubles (part 3 of article 30, paragraph 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, art. 30).

An enterprise, an 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 NSR entities will be entered in 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. Now the participant submitting the application provides only a declaration of conformity with the SMP.

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 completed. Representatives of this segment received about 490 billion rubles from the budget only under direct contracts (without subcontracting). The head of the department himself (an interview with the Kommersant newspaper) considers the figure to be too high, but according to him it is no less than 400 billion rubles (Fig. 4).

The total number of applications in 2015 is 10% more than in 2014, and the average number of applicants per order worth up to 10 million rubles increased from 2.6 to 3.5. The prevailing method of determining the supplier (executor) is electronic auctions (56.6%).

The procedure for selection at the electronic auction (EA)

The procedure for conducting the EU is regulated by articles 59-71 of Law No. 44-FZ. When the customer conducts selection by this method, the following information must be indicated in the notice:

1. Internet address of the electronic site;
2. the deadline for accepting applications;
3. the date of the auction;
4. the amount and form of participation provision;
5. restrictions on participants (SMP, subcontracting);
6. conditions for admission of foreign goods.

Currently, there are 5 electronic platforms: Sberbank-AST CJSC (www.sberbank-ast.ru), Unified Electronic Trading Platform JSC (www.roseltorg.ru), State Order Agency State Unitary Enterprise (www.zakazrf.ru), Electronic Trading Systems CJSC (www.etp-micex.ru), RTS-tender LLC. Three diagrams are shown below, illustrating the process of conducting such tenders.

What do you need to bid

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

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

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

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

Brief 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. The main direction: the production of technical equipment 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 public procurement. Galina Borisovna answered several of our questions.

Hello Galina. Please tell us what share of your business is government procurement? How long have you been working in EIS?

State 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, from the day of foundation. Before the UIS, 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 the preparation of an application (technical offer) and its submission to the site, participation in the auction (or quotation), as well as verification and signing of the contract is carried out by specialists of the commercial department under the supervision of a lawyer. There are 4 people in the department, all of them have a legal or economic education. Each specialist is assigned certain regions of the country, with which we work under government contracts. There are no special problems in terms of accreditation and formation of applications.

Who are your customers, do prices vary greatly? 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 place. In this case, we decide not to participate in the auction. If the price is acceptable, then we calculate to what price we can fall. Of course, there are 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? How often are there litigations?

There are always problems, but not on payment, but on other points. There are those who do not understand that 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. Documentation, competently drawn up by the customer, is a half-fulfilled 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. Most of the time they are the problem. The child does not need what is written in the terms of reference, the recipient asks to change, and we do not have the right under the contract. And the customer doesn't care. This is where the pre-trial correspondence begins. There are few ships, but there are.

In your opinion, can individual entrepreneurs and small businesses 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 is an individual entrepreneur, then it must be remembered that if the delivery time is violated, large fines will be imposed, and the individual entrepreneur (unlike an LLC) is liable with all his property. Therefore, before submitting an application, you must first study the Supplier's Responsibilities in the draft contract, which is attached to the documentation. If everything is in order, then go ahead!

Summing up.

When selecting suppliers for public procurement, small and medium-sized businesses have legitimate advantages. Given 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, PFR. Of course, any contests 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 searching for government orders, it is more practical to master the skills of working with the EIS and electronic platforms yourself.

In the context of the financial crisis, public procurement is one of the few life-saving opportunities for private business. This is an opportunity not only to stay afloat, but also to get help for active development. Some experts are of the opinion that with the introduction of FZ-44, state orders for small businesses have become practically inaccessible.

How the system works

Declaring support for small businesses, the Government of the Russian Federation could not help but enshrine the legal basis for such support in the legislative acts of the state.

In the field of public procurement, such support was reflected in the provisions of the Law on the contract system, which oblige state customers to give 15% of the monetary volume of all orders to small businesses. The fulfillment of these indicators is controlled through the mechanism for posting relevant reports on the public procurement website.

As such, government agencies do not bear responsibility for non-compliance with this norm, but, according to official regulatory bodies, low efficiency indicators for attracting small businesses to the state order negatively affect the assessment of the performance of managers of state structures.

Thus, when planning its procurement activities for the next year, the state customer still allocates the required percentage of government orders for small businesses, and the main task of small businesses is to receive this order.

Where to start

Entrepreneurs who have already gone through all the stages of participation in the procurement auction and have a certain number of defeats and victories along the way in their track record are advised to start with training. Each municipality (city, district or regional center, etc.) has consulting and information structures for working with government orders.

A small business representative who wants to expand the market for their products by obtaining an order from state or municipal structures has two options to start working in the field of public procurement:

1. Hire a certified specialist who will participate in tenders in the interests of a businessman.
2. Learn on your own or train one of your employees how to work with electronic tenders.

The main advantage of the first way is the ability to immediately start with your offers on the stock exchange. There are two main disadvantages:

• high cost of services of a certified specialist;
• lack of prospects for independent participation in tenders (it is impossible to count on the fact that a specialist will train one of the employees).

If we talk about the second way, then it has only one drawback: a novice businessman will need some period (perhaps a long one) to master the necessary wisdom of participating in procurement tenders.

Temporary delay in receiving real orders is a serious negative point. But on the other hand, if an entrepreneur decides on such a delay, the knowledge and skills that he will acquire by comprehending the science of working with a state order will open up a new long-term perspective for him to develop his own business.

Where and what to study

Today, there are several opportunities for small businesses to gain basic knowledge in the field of participation in procurement tenders:

• public courses at small business support centers (two- or three-day seminars provide a general overview of public procurement and prepare the student to acquire more specialized knowledge);
• paid courses conducted by lecturers - professional bidders both on the part of suppliers and on the part of customers;
• paid and free webinars.

Each of these forms of education has its own disadvantages and advantages. Therefore, during the training period, it is recommended to use all sources of information to obtain the necessary tools that will enable you to start making money on public procurement as quickly and efficiently as possible.

If we talk about what an entrepreneur can learn through training, then this is first of all:

• the procedure for processing documents for obtaining an electronic signature and mastering the rules for using an electronic digital signature in their daily activities;
• the procedure for accreditation on electronic procurement resources;
• search for promising tenders;
• nuances of studying the technical documentation of the customer;
• preparation of proposals for bidding;
• execution of contracts;
• challenging the decisions of the customer in the Federal Antimonopoly Service.

Each item of the presented program is considered taking into account those features that are inherent in representatives of small and medium-sized businesses.

The specifics of the participation of small businesses

The main features of procurement by small businesses lie in the plane of financial and documentary support for participation in public procurement.

If a large enterprise can afford to buy software, pay bid bonds and perform work, or sell products up front, then for small companies, all these financial risks can turn into a complete failure.

By the way, this is one of the main reasons why representatives of small and medium-sized businesses are in no hurry to get involved in the public procurement system.

What financial expenses will the entrepreneur have to bear when deciding to receive a state order:

1. From 10 to 15 thousand rubles must be spent on the purchase of an EDS (electronic digital signature) and software for it.
2. Equip the workplace of the PC operator according to modern standards.
3. To participate in electronic auctions, the supplier must make a financial security, the amount of which is determined by the customer (from 0.5% to 5% of the contract amount), participation in the tender is secured by a bank guarantee. If the supplier-participant has not won the auction, the fee must be returned to him within 5 working days from the date of the announcement of the winner of the auction.
4. The customer shall pay for the work performed or the delivered goods only after the supplier has fully fulfilled the terms of the contract. In fact, entrepreneurs fulfill the contract for their own money, hoping that the state or municipal customer will return this money.

During the training, small businesses receive information on how to assess the level of benefits from participating in tender purchases, how to identify problem customers and how to assert their rights if they have been violated.

Government orders that scare small businesses

What is the disadvantage of the state order for small businesses

In the context of the crisis, the state has become the most reliable and desired by all buyers. It would seem that entrepreneurs of all stripes should 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 state order is unprofitable for small businesses and they run away from it.

The reason for this phenomenon is the structure of the public procurement system in Russia. It forces entrepreneurs to become state creditors at the initial stage of the state order. Add all other guarantees to this and you will get, according to experts, an increase in the final costs of the company 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, no advance payment,” says Valery Malinovsky, chairman of the public procurement committee of the all-Russian organization OPORA Russia. - On the other hand, these requirements hinder the participation of business in the state order. Competition is decreasing, corruption is increasing.”

Currently, companies that have received a government order 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, because it is much more difficult for a company to disappear after receiving an advance payment if the customer has an impressive amount of her money as a pledge.

The scheme is quite logical and has the right to exist. If not one but. And this "but" is the fact that the Ministry of Economic Development and anti-monopoly, according to Valery Malinovsky, recommend that government 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 it means 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 state customer requires financial security for a contract from a small company, 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 for several months exclusively at his own expense (do not forget that part of the company's money is also pledged to the state).

Moreover, the entrepreneur is not free from the risk that the final result will not suit the customer in terms of certain indicators. Tangible financial losses in such a situation are almost inevitable, even if the entrepreneur received a very large state order.

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

But analysts are ready to argue with such figures. For example, Aleksey Shestoperov, an expert at the National Institute for Systemic Studies of Entrepreneurship Problems, believes that the interest of private entrepreneurs in the state order is not great, 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 an opportunity to win there.”

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

Sergei Gabestro considers the 94th law, which regulates the issue of public procurement, to be the reason for this situation. In his opinion, in order for there to be a breakthrough, this law should be repealed.

“Even the Civil Code can regulate the system more effectively,” Sergey Gabestro is sure. “The officials were so carried away by 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 line at Sberbank for a loan.”

According to the Chief Economist of Finam Management Alexander Osin, the current system reflects, firstly, the ongoing crisis of confidence in the global economy. Bank rates for small and medium-sized enterprises, for example, are still higher than pre-crisis levels, and the requirements for the borrower have become tougher. Actually, the state policy in the field of state orders reflects this trend in the global economy.

Secondly, there are systemic problems of managing 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 in it. At the same time, investment capital is concentrated in selected sectors of the economy, such as finance, development, retail, mining and processing of raw materials. The shadow, speculative orientation of investments is growing. To solve this problem, some changes in the administrative and legislative nature, including in the field of government orders, will not be enough. It is necessary to increase public investments that create a base in the manufacturing sector for long-term, direct investments, which are initially more "transparent" in their essence.

“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 really can get a significant reduction in the activity of investors in state order auctions.”

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

“We have won several tenders in Siberia for the development of websites for government agencies,” says the director of the studio. But those were the exceptions rather than the rule. In most cases, the state order was received by other companies, sometimes without a big name and offering more expensive and less technologically advanced solutions. At the same time, I cannot say that we made good money on the state order. 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 an occasion to loudly declare ourselves in regions where our positions are not the strongest. Whether we will once again fight for the state order is still an open question.”

Entrepreneurs also complain about the fact that after their “exposure” in the state order system, various inspection bodies simply break the chain.

“We took part in the state order several times, and by no means always received it, but one or another supervisory authority always came to us with another check,” says the director of a small manufacturing enterprise from Astrakhan. “At the same time, the checks were carried out with particular predilection, and they tried to find violations even where they had never been and could not be.”

Sergey Semenov

Small businesses are often afraid to participate in public procurement: it seems that the procedure is complicated, the collection of 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. "Business.ru" has released the first detailed guide on government orders for small and medium-sized businesses.

The only stage of the state order, where it will be difficult to do without highly specialized specialists, is settlements with the customer and financial statements. But these features are easy, it's inexpensive.

The rest you will have to do yourself. The good news: it's not as hard as it seems. We present a step-by-step algorithm with practical tips, life hacks and the 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 works under. A customer who purchases under Law No. 44-FZ can choose absolutely any procurement object that he purchases from a small business. Each customer, in accordance with 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-level company. Don't be afraid to buy. Regardless of what you produce or what services you provide, there will always be a profitable offer for you.

Is it possible for a beginner to win? Certainly. 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 bids, and then, having realistically assessed their chances of success, they try to either supply inferior products or evade the contract.

Before you start participating in public procurement, determine the goods or services that you can offer to the customer. Choose the specifics that are most familiar to you - this will allow you to soberly assess for what amount you are ready to fulfill the state order and make a profit at the same time. Once you gain sufficient experience, you can expand your horizons and explore new areas.

Valery Ovechkin, individual entrepreneur, expert on making money on public procurement

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

Step 2. Find a tender

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

Bidding procedures are regulated by two Federal Laws - No. 44-FZ and No. 223-FZ. According to 44-FZ there are preferences for small businesses, according to 223-FZ - for small and medium-sized businesses. In such purchases, customers are required to set limits for all other bidders. 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. According to 223-FZ - not less than 18% (Clause 1. Article 30 44-FZ and clause 5 of the Regulation, approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352. Information on restrictions is indicated in the notice and procurement documentation.

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

Note! According to Law No. 44-FZ, purchases are made 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 the procurement of all state and municipal customers, budgetary and autonomous institutions, unitary enterprises, state corporations and state companies. It is easy to find procedures that are carried out separately for small and medium-sized businesses: click on the “Purchases from SMP and SONO” tab on the main page of the UIS.

Competitors without small business status will not come to such purchases. This means that your chances of winning and getting favorable conditions will increase.

The procedure itself, according to the results of which a supplier is selected, is not carried out in the EIS. From January 1, 2019 Customers determine the winners only by electronic means. All competitive procedures for small and medium-sized businesses are carried out at 9 large electronic platforms. To participate in them, you must pass accreditation at the sites. See the list of these sites in the table at the end of the article.

For entrepreneurs who are just starting to master public procurement, it is important to know: before being accredited on the site, you need to register with 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 competitions and auctions.

So far, not all suppliers know about Beryozka, also known as a single trade aggregator. For small businesses, it is especially useful: in this electronic store, federal customers are required to choose their only suppliers. From March 1, 2019 they spend all their small purchases here. Moreover, the entire procurement cycle takes place on this site: from the announcement to the conclusion of the contract.

Beware the risk! Avoid bidding, where the customer initially has his own contractor, and he prescribes all the conditions exclusively for him. Main symptoms: too narrow or too wide conditions. For example, the warranty period for a product should be 25 years, compared to a typical 5 years for this product. Getting involved in such auctions for small companies means losing time, money and nerves.

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

Public procurement even has its own terminology for this, which also appears in judicial practice - “sharpening”. This is when the customer prescribes non-competitive conditions in the contract that only their supplier can fulfill. If you have read the terms of the contract and understand in advance that the conditions are not very feasible, and the purchase is deliberately sharpened, you simply should not participate in them.. Another thing is if, according to the results, you see that the winner is clearly a figurehead, for example, he is not able to complete the order. You can fight this completely 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 conduct the auction again.

Anatoly Maslov, CEO of Ensign IT company

Even if you win in such an auction, the customer will not let you fulfill it - he will interfere with the implementation in every way, make demands in excess of the TOR and make claims on minor issues. There is a possibility that the customer will take advantage of the result, but will not pay, accusing the contractor of non-fulfillment of the contract. This threatens with fines and loss of contract security. On one contract, we remained in the red by 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 TOR, asking for clarification of the documentation as much as possible before submitting an application. And in no case should you count on the loyalty of the customer and think about the possibility of meeting halfway.

Alexander Inozemtsev, entrepreneur

I participated in the tender for the supply of educational 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 are doing their duties well and which should be transferred to another position. The yield from the tender could be more than 100%. Already at the development stage, the customer said in plain text that it was not me who was waiting as a performer. The terms of reference were not specific, many points put me in an uncomfortable position. As a result, the customer never accepted the job. I had to sue. Six months later, the court took my side, and the customer paid the money. Since then, I have firmly adhered to the rules of risk diversification: in no case do not invest in one tender, do not take trades on borrowed funds.

Step 3. Prepare documents for participation in public procurement

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

The three most common mistakes are:

• provide an invalid extract from the Unified State Register of Legal Entities (valid for no more than 6 months);
• documents do not put the seal of the organization;
• documents are submitted by an unauthorized person. The rights to submit documents are, for example, the general director, 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 in form No. 2 (information about the product). As a rule, the customer gives detailed instructions. You must follow it for each item. In practice, due to an incorrectly completed application, about 50% of applicants are not allowed to public procurement.

In order not to make mistakes in the application in 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 in the market.

Together with the package of documents, provide the customer with the passport details of the head of the organization that participates in 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 in the register of unscrupulous suppliers. The customer most often sets a requirement for the participants - the absence of this "black list". If you are actively involved in procurement, one of the customers could add your company to it, but not inform you. You can check if everything is in order with accounting using.

If your company participates in auctions that are held exclusively for small businesses under Law No. 44-FZ, you are required to 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 Resolution No. 1352 of December 11, 2014). In any case, you need to be in the SME register: if the customer does not find your company on ofd.nalog.ru, he will reject the application.

Step 4. Prepare the application security

Application security is a kind of pledge 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 bid security. In procurement under Law No. 223-FZ with an initial price of 5 million rubles. and below, contracting authorities shall not require bid security.

How exactly to provide security - in cash or a bank guarantee, each participant decides for himself. If the contracting authority requires the bid to be secured, the amount of the security shall not exceed 5% of the initial maximum tender price. 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 access to the auction will not be. Select the bank in which you can open a special account in the list of Government orders dated July 13, 2018 No. 1451-r.

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

Some small business owners are put off by the need to submit application security. And there is no need to be afraid. Even if you lose the competition, the security will be returned to you. Money secured by the application can be taken from the turnover of the company or borrowed for a while. Such services are also provided on the electronic sites themselves for a small percentage. Banks issue so-called bank guarantees at a small percentage, and registration takes from 1 to 7 days.

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

Galina Kharnakhoeva, crowdlending platform Penenza.ru

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

Step 5. Go through the public procurement procedure

From January 1, 2019, all auctions under Laws No. 44-FZ and No. 223-FZ will be carried out 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: tender, auction, request for quotations and request for proposals. To find out exactly how each procedure goes, click on the orange blocks:

How does the competition work online?

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 a notice, procurement documentation and a draft contract in a single electronic system.
4. The customer accepts bids from procurement participants. The procedure takes place in two stages. At the first stage, participants submit price offers, reducing the initial price of the contract. At the second stage, all participants, except for the leader, have the right to improve their price offers. After the competition on the site has passed, the results are sent to the customer. They are considered by the commission of the customer. If the leader's application meets the requirements of the documentation, the customer recognizes him as the winner.
5. The parties enter into a contract. This happens after the winner makes a security for the performance of the contract - from 5 to 30% of the initial price of the contract. The contract is signed on the electronic platform.

How is 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. So they confirm that they meet the qualification requirements.
3. The customer rejects applications from companies that do not meet the established requirements.
4. Eligible bidders submit their bids. To do this, they enter the electronic platform on the set day and time and take part in the procedure of the electronic auction or request for proposals.
5. The winner checks the customer's draft contract, signs it with a qualified electronic signature and sends it to the customer through the operator of the electronic platform together with a bank guarantee or payment order.

How is the request for quotations in electronic form

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

This form implies that the contract is awarded to the participant who offers the lowest price for its execution. The price of the contract should not exceed 500 thousand rubles. The notice of the auction shall be placed by the customer 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. They submitted all the documents, an application for bidding, but suddenly the dollar exchange rate seriously jumped. You understand that this government order will become unprofitable for you and you will not be able to fulfill your obligations. How to avoid consequences in this case? You can refuse to continue to participate in the auction, but in this case you will lose the amount that was transferred as a purchase security. But, most often, it's better than not fulfilling a million dollar contract, pay penalties and forfeits and get into the register of unscrupulous suppliers.

Step 5. File a complaint with the FAS if the customer has violated the rules for public procurement

If you understand that at one of the stages of public procurement the customer was wrong, file a complaint with the Federal Antimonopoly Service. You can do this in paper form or use 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 the State Services, 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 you are appealing against;
• purchase number, unless you appeal against the actions of the operator of the electronic site;
• the reason for the appeal;
• documents supporting the applicant's arguments;
• list of attached documents.

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

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

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

Andrey Mikhailov, CEO of FELIX

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 concluded contracts amounted to more than 1 billion rubles. We delivered a significant part of the furniture, but due to internal problems, the customer did not pay for it. To fulfill large orders, small businesses have to take out loans from banks and pay them out of the money that the customer pays for the work done. 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? File a legal claim that in case of non-payment you will demand a penalty. Small business contracts must pay within a limited time frame. For example, according to Law 44-FZ - within 15 working days (clause 8, article 30 of Law No. 44-FZ), according to Law No. 223-FZ - within 30 days. If there is no full-time 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 that performs the service under the contract or delivers the goods, but also the responsibility of the customer himself to pay for the work performed on time. This clause of the contract includes penalties and fines. That's why carefully read the draft contract before participating in the procurement

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