How to organize a business on tenders: ideas, perspectives, examples from life. What benefits does small and medium-sized businesses receive when participating in public procurement Electronic trading for small businesses

Is it possible to build a public procurement business from scratch? Yes, definitely. Is it difficult to do this? No, if you know how. Public procurement for small businesses and medium-sized entrepreneurs can provide invaluable assistance. And within the framework of this article, various aspects of this case will be considered.

general information

Entrepreneurship lives on the production of goods, trade and the provision of services. All this is needed by the state, which can become a regular customer. For businesses, this situation is an excellent way to expand their sales market and increase turnover. You can often come across the opinion that it makes no sense to contact the state, because there are kickbacks and other manifestations of corruption all around. But the real situation is quite strikingly different from the mythical image. Yes, from time to time you will have to meet with significant competition. But if you offer favorable terms, consider that the contract is already in your pocket. And electronic auctions, where all the conditions and needs are indicated, are of great help in this. Competition in this case depends on the amount of the proposed contract and the scope of activity. And a small encouraging fact: approximately 40% of all electronic auctions are recognized as failed. And the reason is ridiculous - there are no participants who want to participate in them. There may be suspicions (not groundless) about some specific moments, and they do take place, but not on such a scale. As a rule, such a situation arises precisely because there really was no one who would be interested.

Choosing your niche

Initially, you need to familiarize yourself with a large number of different documentation. Specialists can help with this for a fee. If there are no free funds, then you will have to figure it out on your own. And this article will help here. In addition to it, you can also pay attention to various special manuals and training courses that are conducted by public organizations (for the most part) and state business support services. For starters, you can pay attention to not very large, but still real electronic auctions, where there will be a small number of competitors. After that, you must send an application for participation in it and attach all the necessary documents. The tender commission will choose the most advantageous offer (that which meets all the requirements and has the lowest price). With a reasonable approach, public procurement for small businesses turns into a profitable source of income.

How does it work?

As part of the article, much attention will be paid to electronic trading platforms. Why? The fact is that thanks to them it is very convenient to look for interesting offers. In addition, filing an application in this case does not require spending a lot of time. And the open form of work on the principle of an auction allows you to monitor the honesty of the work of the commissions and complain to the appropriate authorities. However, one point should be taken into account. Any commercial organization can take part in tenders, but for admission it is necessary to know the rules and algorithm of work. Therefore, the following will be carefully considered:

1. Principles of operation of the public procurement system.
2. Open and closed competitions.
3. Auction (including electronic).
4. Who can take part.
5. specific moments.
6. We start cooperation.

Principle of operation

If you are interested in, say, a public procurement business from zero to 100 thousand rubles or a million (for starters), then you cannot do without this moment. What should we talk about first? About interaction. The state can be considered as a specific commercial structure. And she needs certain services. Since the scale of work and influence of the state is truly enormous and affects almost all spheres of life, the list of necessary services is practically unlimited. Moreover, any state institution periodically needs third-party organizations - agriculture, engineering, space, education and others.

But there are strict requirements for tenders. And first, the process of choosing a contractor for the production of goods and the provision of services should be as transparent as possible. As soon as the organization meets the requirements put forward, it can offer its own conditions and its own price. In the case when it is the most profitable, the order is received. It should be noted here that, despite the seeming simplicity, there are frequent cases when organizations resort to legal tricks that influence the choice of a contractor. In order not to fall victim to such circumstances and build a successful business in the field of public procurement, it is necessary to carefully study how this system works. In the Russian Federation, several types of trading are approved by law.

Open and closed competitions

The first option is the most common way of organizing government orders in the Russian Federation. Its essence lies in the fact that all interested parties are informed about the order through the media: printed newspapers, on thematic sites. In general, everything is done to find the optimal contractor. A large amount of material is being prepared for an open competition, and all conditions are documented. Applications are being received throughout the month. After that, the opening procedure is carried out, and the founding commission decides who will fulfill the order. Such an approach, however, requires regular monitoring of relevant sources, which is not very convenient. A feature of the closed competition is that the customer independently sets the circle of performers who can cope with the order. This approach is practiced in cases where you have to work with confidential information or the work performed is very specific. Although it can be used even when it is unprofitable to familiarize numerous performers with it.

Auction

They, like competitions, are open and closed. The contractor in this case is selected according to the principle "ready to perform the required amount of work for the minimum amount." Moreover, the lowering of the rate is carried out according to predetermined parameters, which is regulated by law. A feature of closed auctions is the maximum degree of confidentiality. Thus, the customer is protected from possible collusion. Particular attention should be paid to electronic auctions. They are held on virtual trading platforms that have been accredited by the regulatory body. In this case, you can only apply online.

The ever-increasing popularity of the global network leads to the fact that many countries legally oblige their institutions to purchase everything they need with the help of electronic auctions. Modern technologies make it possible to make the process of choosing a contractor for the needs of the state extremely honest and reduce the risk of criminal conspiracy. In addition, entrepreneurs who take part in auctions can see the selection procedure with their own eyes. And if there is someone offended, then what will refrain him from reporting to the police and the prosecutor's office?

Who can take part?

Many are especially interested in the question of individual entrepreneurs. They can take part in public procurement, but there are certain restrictions. So, individual entrepreneurs cannot participate in those tenders that provide for work exclusively with a legal entity. In all other cases, in order to participate in the process of meeting the needs of the state, you just need to meet the requirements of the customer and it is highly desirable to have successful experience in the selected category of entrepreneurship. And what form of organization will be - an individual entrepreneur or a legal entity - does not play a role. It is only important to obtain an electronic digital signature and register at the public procurement site, which has been accredited.

Step-by-step instructions for entrepreneurship

Now let's look at how to build your public procurement business from scratch. More convenient is the option of working with electronic resources. Therefore, attention will be paid to him. This state of affairs is facilitated by easier interaction, and the lack of difficulty in tracking new tenders in real time, and many other pleasant moments. Therefore, every entrepreneur who plans to develop in this direction should take the following steps:

1. Get a digital signature. In the modern world, it is becoming more and more necessary for every entrepreneur and legal entity. Why? The fact is that according to the legislation of many countries, including the Russian Federation, the EDS is equivalent to the standard signature of the director. Only it was created specifically for use via the Internet. And in some areas of activity it is even provided that without an EDS - nowhere.
2. Select a site. After the digital signature is ready, you should decide where it is most convenient for the contractor to look for orders. In Russia, you can use the following sites that offer: Unified information system in the field of procurement, JSC "Goszakupki", RTS-tender, Sberbank-AST. Of course, there are others. Which one to choose among them - it all depends solely on who wants to serve the state. The main thing is that the site is accredited. Everything else is a matter of taste.
3. Passage of accreditation. To register and gain access, you must identify yourself. This procedure is carried out for each portal separately. For accreditation, as a rule, it is enough to fill out a special registration form and attach founding documents, such as: a charter, an extract from the state register, a power of attorney to participate in the auction (if this is not done directly by the head of the organization), certificate. After that, the portal administrator must review all the documentation within 5 days.

Small steps towards a great future

So, there is access to everything you need. What to do now? The next steps for an entrepreneur are:

1. Use of collateral. Initially, you will need to place funds on an account that is linked to the site. When an application is submitted, the system will deduct up to 5% of the tender cost along with it. After the auction is completed, the amount will be returned to its owner, and it can be freely returned. If there is no money, then the application will not be carried out.
2. Drawing up an application. This is an important step that many underestimate. The success of a potential contractor depends on how correctly the text of the application is written. It consists of two parts: informational and anonymous. The first contains all the necessary information and documentation. In the second, a detailed description of the product, service, production process, delivery, implementation, consent to work, and so on, which the contractor deems necessary, is written. The customer, after receiving all the information, informs the portal operator about his choice. And he is already contacting the performer.

As you can see, the public procurement business process is not as scary as it might seem at first glance. In addition, newcomers in this business can be approached from the position of "the eyes are afraid, but the hands are doing." And over time, when there will already be enough experience, these actions will not create difficulties.

Useful Rules

So it was considered what public procurement is. Small and medium-sized businesses, one has only to want, can make good money on them. But if you follow a few simple rules, you can significantly increase the success of your activities. What are they? Initially, you need to put together a public procurement business plan. It is not necessary to show it to anyone in the future, but it is still useful to have a clearly defined and outlined system of interaction, decisions, and preparation. In addition, it is necessary to track the order, which is of interest, to the end. It is possible that the customer will change the conditions, and you need to be prepared to familiarize yourself with the new requirements. This is a rather tricky mechanism for choosing the artist that is needed. It is also necessary to be attentive to those customers who set the price several times lower than the market. Most likely, this indicates dishonesty. It will not be superfluous to make a black list or use something similar made by another person.

Alas, the public procurement business also has such a negative side. Reviews in this case, too, will not be superfluous to study. In addition, you can see how a person writes in the comments. If politely - a successful outcome is more likely, rude and boorish - expect problems. Now the participation of small businesses in public procurement, as well as medium-sized entrepreneurs, is still a novelty. But if you already have a desire to become an entrepreneur, then it will be much easier to act in this field.

Conclusion

Significant efforts should be made to ensure that the share of participation of small businesses in public procurement is constantly growing. After all, this, although not a lot, is jobs, and, potentially, medium and large businesses in the future. And what state will refuse to grow large companies and enterprises, like potatoes in the garden? Therefore, it is necessary to support and give the opportunity to do business to everyone who wants to. After all, the public procurement mechanism can be called a protectionist tool that helps to intensify the creation of our own powerful and confident economy, which we need so much in this difficult time.

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 a 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 a request for quotation 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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With the onset of crisis phenomena in the country, the most vulnerable segment of the economy is small business. Despite the ability to adapt to rapidly changing conditions, it is the first to disappear from the market. The only thing that can prevent the liquidation of such enterprises is government orders for small businesses.

Varieties of trading

Studies show that the minimum share of government orders should be 10-22% of their total number. The attitude of entrepreneurs to this type of state incentives for small businesses is very twofold. Some regard government orders as a good way to expand the market, while others do not want to get involved because of the large number of difficult moments.

The term "public procurement" itself means orders from state or municipal structures for industrial and food products, weapons, equipment, services from enterprises that produce them.

As a rule, such companies are selected on the basis of a competition or a so-called tender. In Russia, the term "placement of an order" has become more widespread.

At the moment, there are five types of public procurement:

• electronic auctions. They are held within the framework of special electronic platforms by placing lots on them. All documentation is also prepared electronically;
• open competitions. They are held when the main selection criterion is the best price, and then the timing, quality and other components. Often used when it comes to a transaction in the amount of 500 thousand rubles;
• quote requests. They are carried out according to the previous principle, with the only difference that we are talking about less expensive contracts;
• purchase from one supplier. This type cannot even be called an auction, since the purchase is carried out from a single contractor;
• open auctions. They differ from electronic ones in that orders are printed in the media. Recently, this type of order placement has practically lost its relevance.

These types of purchases by the state are used both to meet their own needs (weapons, medicines) and for the needs of the population (foodstuffs).

How purchases are made

All categories of enterprises - public, private, individual - can take part in most types of tenders. The deal is concluded with the company that managed to win as a result of the competition.

It should be noted that the very procedure for bidding, signing documents and concluding a deal is strictly regulated by law. The controlling bodies are the Accounts Chamber and the Treasury. In special cases, the FSB is involved when it comes to weapons.

The procedure looks like this: contractors send an application for participation, in which the price acceptable to them is indicated, and a special commission, in turn, considers each of them and chooses the best option.

There are several ways to make purchases:

• open;
• selective (everyone can apply, but only those selected by the customer will take part in the competition);
• closed (participants are invited exclusively by the organizers).

The course of trading can take place in two stages. If the competition is intended to be held in one stage, then there is no possibility that the requirements for the order may change. The two-stage trades suggest that they may undergo some changes.

Some features of the participation of small companies in the auction

Features of procurement by small businesses are spelled out in the special law of the Russian Federation "On Procurement". It states that customers must purchase from small and medium-sized companies in the following volume:

1. From 01/01/2015 to 12/31/2016 - not less than 18% of the total number of contracts.
2. From 01/01/2017 - at least 25% of the annual number of orders.

It is assumed that participation in the auction is often completely free. But in some cases, some money and time costs are still provided. The minimum funds will have to be invested in electronic trading. As a rule, we are talking about a conditional fee, which is not returned regardless of the results of the auction.

Responsibility of the parties

Failure to comply with the conditions of the competition is also controlled by the state. For this, a whole system of fines has been developed, both for the customer and for the supplier of services or goods. The main principles of all types of auctions are equality and openness.

The customer must not:

1. Violate the forms and procedures of the competition.
2. Change the timing of the submission of applications.
3. Hide information about the conditions when it comes to open competitions.
4. Post misleading information about members.

It is difficult to hide the fact that at the moment there are various kinds of corruption schemes used to obtain a profitable order by a particular enterprise. One of the options for such a scheme may be winning the bidding of a small company, which, in fact, is a subsidiary of a large-scale production.

Other scams include:

• indication for other participants of obviously unfeasible volumes of work and/or unrealistic deadlines;
• distorted payment terms that are not acceptable to the supplier;
• preventing strong performers from participating;
• underestimation of the price of the order;
• involvement of fake clients.

Most often, such schemes are used when it comes to especially large and profitable orders. In small tenders, it is much easier for small companies to win.

Even in world practice, cases of dishonest bidding are known. Especially often the world media cover such events from the auctions in the US and Japan.

In Russia, in recent years, the methods of combating such violators have been significantly tightened. However, there are still too many shortcomings in this area. For example, there is still no clear system that would regulate the procedure for placing orders for small companies. In this regard, they are still forced in most cases to rely more on their own luck than on laws.

So far, the electronic systems for conducting auctions cannot boast of well-functioning work. In the total mass of all orders, it is quite difficult to single out those intended for small businesses. Moreover, as practice has shown, it is much easier to hide the dishonest actions of the customer at a small auction than when it comes to a large tender.

However, even taking into account all of the above, it should be noted that certain steps of the state towards small businessmen are still being made. Even in the face of bureaucratic and corruption schemes, getting an order for the supply of services or goods has become much easier than a few years ago.

State order. Making dreams come true: Video

This is the purchase by the state of goods, works or services.

Public procurement is the same market for goods and services with one caveat: the buyers are state, regional and municipal enterprises and organizations. They also need regular paper clips and pencils, medications, office furniture or their own website. They need to maintain and restore buildings, take out the trash and lay the Internet and telephony.

Simply put, public procurement exists in any area and in any region. They are interesting for business, because the state is a good partner. A supplier can be a legal entity, an individual entrepreneur or an individual. Money for public procurement is included in the budget, so you are guaranteed to be paid for the goods delivered or the service performed.

Why participate in public procurement?

This is a good market.

State organizations are a significant part of our economy. According to the FAS, the share of the state in Russia's GDP has doubled in 10 years. In 2005, it was 35%, and in 2015 - 70%.

In addition, it raises the level of trust in your company and has a good effect on the reputation. Therefore, one should not lose sight of such a significant layer of the economy.

I don't understand anything about public procurement. How to participate in them?

Public procurements come in different sizes. If the cost of purchases is more than 100 thousand rubles, information about them is posted on the website zakupki.gov.ru. You look for a suitable competition, submit an application and participate in an electronic auction. This is not such an easy process, but if you want to compete for a significant part of the market, then you should understand this. The main thing is to be patient.

There is an easier way to participate in public procurement, without tenders and auctions. It is of interest to small and medium-sized businesses due to the simplified participation procedure and small amounts of contracts. It looks like this: you offer your product or service to a government agency, and it chooses a supplier and concludes a contract.

Such a procurement option is possible if their cost does not exceed 100 thousand rubles (or 400 thousand rubles if the purchase is made by educational organizations or cultural institutions: zoos, planetariums, parks of culture and recreation, theaters, philharmonic societies, libraries, and so on). Such purchases are called small volume purchases.

How to participate in small volume purchases?

The fact is that, according to No. 44-FZ, which regulates public procurement, information on small-scale procurement can not be published anywhere. It is believed that they are insignificant and it is not advisable to hold auctions because of such amounts. Therefore, state customers usually look for goods without competition (often choosing not the most profitable offer and spending budget money inefficiently), and entrepreneurs cannot offer their services.

Moscow took a different path. To save the budget and attract small and medium-sized businesses to public procurement, the city government has created a single supplier portal. Not a single state or municipal institution in Moscow can conclude a contract for small volume purchases without going through the site. If we draw an analogy, then you cannot buy bread without going to the store for it.

The Moscow supplier portal is focused on small-volume purchases up to 100 thousand rubles (or 400 thousand rubles if the purchase is made by cultural institutions or educational organizations). In addition, the portal hosts non-competitive purchases of medicines by decisions of medical commissions.

And what is the Moscow supplier portal?

This is an Internet platform where the city posts information about small-scale purchases and provides small businesses with access to the market for goods and services with a turnover of about 20 billion rubles a year.

Individual entrepreneurs and small businesses participate in public procurement in Moscow without auctions and unnecessary troubles. Anyone can place an offer on the portal, and city customers (more than 2.5 thousand of them) choose the best offer. In fact, this is a store where you place your goods or services, offering them to the state.

Public procurement on the website is carried out electronically. View orders and offer your services to state and municipal organizations and institutions without leaving your home.

The feature of the portal is that all procurement data is open and everything is transparent. You can see:

• Procurement plans of government agencies and institutions for the coming year (in the "Plans" section).
• Offers and prices of competitors (in the "Offers" section).
• Transaction history for each registered supplier or customer (in the Purchasing section).
• Concluded contracts (in the "Contracts" section).

In the field of public procurement of small volume, clear and understandable rules have appeared that any entrepreneur can study. The chance of getting a government order in such a system is much higher: you study the market and offer the best option available. At the same time, you do not reduce the price below the market price, do not work at a loss, but sell a product or service at a fair price.

It's just the appearance of honest purchases, isn't it?

No, purchases are carried out honestly, without acquaintances and blasphemy. 93% of entrepreneurs registered on the website received government orders and became suppliers.

Honesty is achieved through transparency, openness, electronic document management and clear procedures. Just for this, all data on previous contracts is open on the portal. Everything can be traced and, if something is dishonest, contact the FAS. Violations are fraught with heavy fines and criminal liability.

This is a cool solution for public procurement, which is used in the EU and other developed countries. For example, the top five leading countries in the Corruption Perceptions Index in 2016 included Denmark, New Zealand, Finland, Sweden and Switzerland, which adhere to similar principles in public procurement.

If you still don’t believe in the honesty of procurement on the portal, the numbers speak for themselves: in 2016, Moscow saved about 37 billion rubles on public procurement, leading the National Procurement Transparency Rating.

Convinced. How to become a supplier?

To become a supplier, you need to follow a few steps.

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 within 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 the Protection of Competition - ensures the unity of the economic space, the free movement of goods, the protection of competition and the 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 in the registration form, submit the founding documents (charter, power of attorney for taking part 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.