Public procurement business from scratch: step by step instructions. Participation in tenders: how small businesses can win government orders E-bidding for small businesses

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 April 5, 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 choose 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 platform;
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.

There are currently 5 electronic platforms: CJSC Sberbank-AST (www.sberbank-ast.ru), JSC Unified Electronic Trading Platform (www.roseltorg.ru), State Unitary Enterprise Agency for State Order (www.zakazrf.ru). ru), CJSC "Electronic Trading Systems" (www.etp-micex.ru), LLC "RTS-tender". 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.

The development of the tender system has been observed in Russia since the end of the last century. The concept of tender is equivalent to the concept of competition. Its meaning is in the search for a contractor for state orders precisely on a competitive basis. The entire regulation of this system is spelled out in With the winner and sometimes a contract is concluded for any work, services or supply of goods. Today we will talk about what you need to participate in tenders.

What are tenders

Such competitions can be open and closed, held in one or two stages. In addition, there are varieties of specialized closed tenders, single and requests for quotations.

What gives participation in competitions? The winner is given the opportunity to receive a profitable large order, and if it is a start-up company, to declare itself on the market. Many are scared away by the rather complicated participation procedure, but everyone is quite capable of understanding it. Of course, beginners often need help, a practical guide that explains what needs to be done and in what sequence. Have you decided to take part in tenders? Step by step instructions will come in handy.

Why is it beneficial

Information about where and what tenders are planned to be held is constantly available on specialized websites and in the media. When the competition is announced, the tender commission begins to consider the applications of applicants.

Small and medium-sized businesses are not characterized by activity in bidding for government orders - there are many apparent difficulties. This does not take into account that the lion's share of municipal budgets today is distributed, as a rule, through tenders.

State orders support business no less effectively than benefits and subsidies. In addition, the law obliges customers of the municipal and public sector to transfer at least 10% of the volume of work and deliveries of goods per year to entrepreneurs.

Electronic auctions

Unfortunately, only large companies are seriously involved in tracking promising tenders, and all because of the need to maintain a special service for this.

The state order is placed in different ways - in the form of a request for quotations, purchases from a single supplier (executor) or by bidding. The last method is the most common.

Now the majority of orders from the state are placed at electronic auctions, their share is more than half of all ongoing auctions. Such events are recognized as an effective means of combating corruption due to the anonymity of the participants, great competition and the availability (as they say, transparency) of all information.

Participation in tenders: step-by-step instructions for beginner businessmen

Let's look at what participation in an electronic auction is.

First of all, a suitable auction should be "calculated". To do this, you need to carefully read all notices of such events, regularly going to the official website for this, which has the status of an all-Russian and publishes announcements of future auctions 7-20 days before a certain date, which is the last day for submitting applications. You must indicate your desire to take part in the selected tender during this period - later your application will not be accepted for consideration.

Officially, there are five federal sites for electronic trading, on any of which you will find a search form for auctions of interest and a register of all tenders. Also, summary information is easy to obtain on the official website of the Russian Federation, which is dedicated to placing orders.

What do you need to participate in tenders

Next, you should get an electronic digital signature (abbreviated EDS). It is bought in one of the special certification centers accredited on the electronic site of your choice. The process of receiving it will take several business days (2 or 3). The signature gives legal status to the electronic document and fixes the financial responsibility of the participant.

But EDS alone does not guarantee that you will take part in tenders. The step-by-step instruction contains, in addition to it, the concept of accreditation. That is, in order to participate in the auction held by a particular site, you must be accredited on it. Each of the five venues has its own accreditation. To do this, a special form is filled out on the website of the site along with an application for opening an account. A number of documents are attached. Which ones? We are talking about an extract from the Unified State Register of Legal Entities (if you are an individual entrepreneur - about an extract from the Unified State Register of Legal Entities), a power of attorney giving the right to participate in these auctions, a document on the appointment of a head (decision or protocol) with the seal of the organization, a scan of a card with company details.

Further actions

The operator will consider the application within five days and give an answer on access or refusal (in the latter case, with explanations of the reasons). The number of retries is not regulated, but each application will require a five-day review period.

Having successfully passed the accreditation, you get at your disposal a "Personal Account", from which you will conduct all further actions.

The next mandatory step is to replenish your own account on the trading platform as a guarantee of participation in the auction. The amount is fixed - for small entrepreneurs it is usually 2% of the initial order amount (its maximum). In other cases, we are talking about five percent. Money can be returned after the account is unlocked (at the end of the auction).

Applying

The participant can now apply. It must be approached very responsibly by drawing up it, having carefully studied all the documentation of the auction. The first part, anonymous, consists in confirming the consent of the participant to supply the desired product (service) with a detailed description of them. The second part contains detailed information about the participant with all supporting certificates and licenses attached.

In addition to the application of the established form, the application for participation in the tender must include the fullest possible amount of cost estimates, where the cost of materials or services is shown in tabular form, including VAT at the time of bidding, detailed breakdowns of additional costs (transport, design and survey, etc.) as well as taxes.

Things to Remember

The submitted application is automatically equated to an agreement to comply with all the conditions of the customer. If it is impossible to fulfill them, the contractor should withdraw the application. It is not accepted from the participant after the deadline set by the organizer of the auction. Refusal to participate in the tender (withdrawal of the application) is possible only before a certain date. The deadline for admission may be extended by the tender commission, about which applicants are notified.

When the deadline for filing applications has expired, the customer considers their first parts, the results of the consideration are drawn up in the form of a protocol, which the operator of the site must be informed of all participants within the prescribed period. This way you will know if you are eligible to bid or not.

A little about the process itself

What are the main points you need to know when planning participation in tenders? The step-by-step instruction says that in the bidding process itself, two concepts are the most important - the step of the auction and the time left until it ends. The first indicator is strictly fixed - it is 0.5% of the maximum initial price (as the law says). The transition to the next step is carried out with an interval of 10 minutes, during which the participant must decide whether to offer a lower price or not.

Bidders are prohibited from submitting bids with a price greater than or equal to that previously offered. Also under the prohibition of offers with a zero price. "In advance" to underestimate the price by more than a step (below the minimum offer at the moment) is also impossible.

Completion of the auction

If the last offered bid turned out to be the lowest (no better offers were received within ten minutes), then the auction is over. The protocol with the results in automatic mode is formed almost instantly, each participant appears in it only under the assigned number.

Who exactly won the tender will be known only after the end of the auction. The customer will receive the second part of the winning application containing the details of the participant who won the tender. He will be sent a state contract, which must be certified with an electronic signature within a certain period of time.

What's next?

In addition, the amount of the monetary security of the contract must be provided, which, by law, is up to 30% of the original maximum price. This is done in the form of a bank guarantee, or the funds are credited to the customer to a temporary account.

Experts believe that by participating in tenders, any company receives important advantages. And although the tender system in its current form is far from perfect, it gives a chance to start-up entrepreneurs to reach a major customer and improve their own status in the market.

The choice of tenders should be treated wisely, not trying to cover all offers. In case of failure, you should not be upset - after all, you have gained serious business experience.

What is typical for commercial bidding?

Unlike state tenders, commercial tenders are organized in accordance with the norms of the Civil Code of the Russian Federation, the rules for their conduct are established by the customer independently. In their conduct, the same principles on which state auctions are based are applied. But there are more competitive procedures - in the form of an open tender with or without a preliminary selection, a closed, two- and multi-stage tender, a request for prices, competitive negotiations, purchases from a single source, etc.

Thus, commercial tenders are mostly conducted in the same way as state tenders. The difference lies only in the strict regulation of the latter by the legislation. The form of private bidding is more free, and they are focused on the documentation of the customer companies themselves.

A single and universal law on which the organization of participation in tenders of this type is based does not exist due to the huge variety of individual business areas, each of which has its own specifics.

Construction tenders

If your company's activities are related to the supply of machinery (excavators, cranes, bulldozers) or equipment, as well as the sale of construction land, you will need serious clients.

And this means that the company should take an active part in the relevant competitions. Surely you would like to conclude a long-term contract with a major customer. Then take part in tenders for construction. The principle here is the same: study the regulations for holding a suitable auction, form a package of documents consisting of an extract from the Unified State Register of Legal Entities, photocopied and certified in the tax constituent documents (together with the charter) and an order to appoint a chief accountant, evidence of existing work experience along with copies of financial reports for the last period, as well as copies of passports of all official representatives of the supplier company and a certificate of state registration of the enterprise. The one who will officially represent the interests of the company at the auction must be issued a power of attorney to participate in the tender.

Do not forget that the submitted application must have a financial security. If there is no available amount on the company's accounts, it has the right to use the tender credit.

Business based on public procurement is gaining popularity every day. With it, you can sell the goods and services provided by your company, as well as earn decent money. At the same time, demand in this market is stable and has large volumes.

Public procurement is a way of placing orders for the provision of various types of services, the provision of a certain type of resources, or the implementation of the work specified in the document within a strictly specified time frame. The contract is signed with the winner of the auction, who was able to offer his services with the most favorable conditions for the customer.

Leveraging such a relationship benefits both parties. The state receives the highest quality performers.

Business - a monetary reward for the work done and the opportunity to constantly improve their services due to quite serious competition. Any legal or natural person can be a participant in such auctions.

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

Ways of public procurement

The public procurement market is divided into the following types:

• Public procurement through auctions

1. Electronic auction
2. Closed auction
3. Open auction

• Competitive basis

1. Closed
2. Open

An electronic auction is carried out in electronic form on specialized websites, which is accredited by the Ministry of Economic Development of the Russian Federation. All data on this type of auction, its progress and results are posted on electronic platforms. How to participate in electronic trading and what to consider - read.

Auctions of closed and open type differ only in that the bids of other participants are unknown to the auctioneers. They are served in special envelopes, in open auctions everything happens the other way around. All applications become known to the participants.

The most used type of procurement is an open tender. Anyone can take part in it, and information about them is published in specialized publications. Participants of the competition must submit applications that meet the requirements for holding this event.

The winner, who provided the most favorable conditions, is determined by the commission. The competition is considered not to have taken place if only one application has been submitted for it. In the event that negotiations with the winner reach an impasse, preference is given to the next most attractive candidate.

A closed competition differs from an open one only in the method of selecting participants. Only invited suppliers can participate in it.

Pros and cons of government orders

In any field of activity there are positive and negative aspects, and if you use the first to the maximum and not be afraid of the second, then the road to the heights can be not only successful, but also enjoyable. Let's look into all the pitfalls of our chosen business.

The undoubted advantages of working with government orders include the fact that force majeure situations and risks when working with the state are minimized. This is realized through the most transparent system of spending funds and all procedures. Another positive aspect is the publicity of the ongoing procedures.

An important role is also played by the fact that the state is actively trying to help and expand the boundaries in this industry, since by giving orders to third-party firms and stimulating their growth, it also strengthens economic stability and creates a healthy atmosphere inside the country.

Unfortunately, ideals do not exist, and each system has its drawbacks. The same is true in the public procurement market. For most enterprises offering innovative products, despite the promise of their services, it is quite difficult to break through to receive worthwhile orders.

The state in most cases tries to choose proven products and services. Although recently the situation in this direction is changing for the better.

Basic principles of public procurement.

The level of bidding and the availability of competent specialists in this area also want to leave the best. This results in a problem with the inability to control the quality of the purchase, which forces us to evaluate the quality of the services provided already in the process of operation.

In connection with the prospects of this type of activity in the market, cases of fraud, the appearance of criminal groups on the market and the practice of "kickbacks" for receiving especially profitable orders are becoming more frequent.

How and by what public procurement is regulated

There is a certain list of laws that perform the function of regulating relations in this market:

• Law No. 44-F3 on the contract system - regulates the methods and procedure for the implementation of procurement activities.
• Law No. 223-F3 on the procurement of certain types of legal entities - comes into force in the event that the customer's funds are formed not from the federal budget or the customer is a commercial company with state participation.
• Law No. 135-F3 on Protection of Competition - ensures the unity of the economic space, free movement of goods, protection of competition and provision of conditions for the efficient operation of commodity markets.
• Law No. 63-F3 on electronic signature - regulates relations in the field of the use of electronic signatures in civil law transactions, the provision of state and municipal services.

All laws help to strictly regulate the order of implementation and methods of procurement. Procurement information, answers to participants' questions and changes are freely available.

The monitoring function in the field of procurement is assigned to the Ministry of Economic Development. It is carried out by continuous collection of information, which is further subjected to multilateral evaluation.

Based on Law No. 44-F3, in some cases, public procurement is subject to public discussion. The list of such cases is established by the government.

Step-by-step instructions for participation in public procurement

Let's take a step-by-step look at how we can start our business and what should be done first. In the 21st century, the most promising option will be to work with electronic resources.

Their undoubted advantages include the absence of difficulties with the implementation of such things as tracking tenders, a lightweight form of interaction with the market, and many other positive aspects. Based on this, the entrepreneur needs to do the following:

• Obtaining a digital signature. According to the legislation of many countries, including the Russian Federation, a digital signature is equated to a regular director's signature. Accordingly, it is necessary when using the Internet. - Read the instructions at the link.
• To gain access to tenders, an entrepreneur must also go through the accreditation procedure. It is necessary to fill out the registration form, submit the founding documents (charter, power of attorney to participate in the auction, extract from the state register).
• Decide on the platform where the entrepreneur is going to look for his orders. Her choice is a matter of taste and the only important thing is the availability of accreditation.

The preparatory stages are completed, and the following actions of the entrepreneur should be as follows:

• Replenishment of the account, which will be linked to the trading platform, since if there is a zero balance, the application will not be submitted. The minimum required amount should be 5% of the value of your tender. Find out how to open a current account and what documents are required.
• Filling out an application. It consists of two parts: information, which contains all the necessary documentation and information, and anonymous. It describes the services, conditions, as well as other data on the transaction that the customer deems necessary for execution.

Useful rules for beginners

From the foregoing, we can conclude that, if desired, small and medium-sized businesses have extensive earning opportunities. And under certain conditions, you can significantly increase the likelihood of a successful start. To do this, you need to draw up a business plan that will greatly facilitate the phased development of your business.

It is necessary to follow the order you are interested in at all stages and not leave things to chance. After all, there is a possibility that the customer will change the conditions at the last moment and you need to be prepared for this.

The main methods of public procurement.

In the event that the customer sets a price below the market price, you need to be more careful with him. This may indicate his dishonesty. Do not ignore people's feedback about a particular customer and, if possible, study them as carefully as possible.

It will be helpful to attend seminars and training events run by more experienced players who are willing to share their experience. This will help you avoid a lot of little troubles that you might get in your way.

What kind of support for small and medium-sized businesses is provided by the state and what sources exist - read the link.

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 from both suppliers and 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.

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!