Rules for working with tenders. What are tenders. Features of state, commercial procurement and procurement by certain types of legal entities

A tender is a competition that helps the customer choose the most preferable offer for him among the many options offered by representatives of different companies. Tenders are carried out on the basis of a competitive competition, the winner of which signs a contract with the customer.

Tenders are the main way to provide services or contract work. At the same time, the terms, amount and other details are agreed in advance. These nuances must be taken into account by the participant, since customers often choose exactly those offers that fully meet their requirements.

Not only the state, but also private owners

Competitions are held not only at the initiative of government representatives: they are also common among private companies. So, at present, in order to participate in such auctions, the company (potential participant) must make a certain amount, which is a guarantee serious intentions applicant. So some simply do not have the opportunity to take part in the tender. These are small and medium businesses.

What are the benefits of tenders?

There are certain types of bidding organization, which have their pros and cons. But if we consider them from a general point of view, we can distinguish the following advantages:

Efficiency. Bidding allows the customer company to consider a variety of proposals, choosing the best, most effective of them.
For any participating company, this is a chance to increase not only its financial success, but also its reputation.
Tender bidding is very convenient and economical, because there are always a lot of applicants.

Classification of methods of organizing trading in Russia

For more than 50 years, the United States has been actively using the tender system developed by them in the last century. During this time, its multiple variations have appeared, some of which are used in Russia. The American term “tender” itself is practically not used in the Russian Federation - it is successfully replaced by the more familiar and well-established word “competition”.

open and closed

The classification of tenders is often carried out according to the degree of accessibility for applicants. There are both closed and open, as well as limited tenders. In Russia, closed competitions have gained quite a lot of popularity, which, however, are considered less effective. The decision to hold a closed tender, according to experts, is a tribute to Soviet traditions. While tenders open in Russia are much rarer, despite the fact that they have more benefits. The main one is the participation of a larger number of potential suppliers. In this case, the auction performs its main functions - openness and accessibility.

With and without pre-selection of candidates

The classification can also be based on the selection of participants carried out before the start of the event. Even in cases where the competition is open or limited, the customer can weed out candidates whose applications are the least consistent with the requirements put forward. This procedure is relevant because many companies, even being the least suitable for participation in one or another competition, still apply. But a huge number of participants only slows down the process of choosing the best offer, while one of the functions of the competition is speed.

Two stages or one

Bidding in one stage does not provide for changes or negotiations during the tender, so in many cases it is unacceptable. But holding a two-stage tender is enough effective method, which is flexible on the part of the customer. A two-stage competition, consisting of several stages, makes it possible to resolve all issues by holding negotiations at the first stage. But, despite the undoubted advantages, two-stage auctions are not favored not only in the Russian Federation, but also abroad because of the too lengthy process. Only in the case when the order is serious enough, a two-stage auction is held.

What does the tendering process include?

Bidding has certain stages of organization:

Definition of the subject of auction.
Development of the program of holding, determination of the form of bidding (closed, limited, open).
Development of criteria for the documentation required for participation in the competition.
The choice of bidders. This item changes depending on the type of tender: if the organizer decides to hold an open tender, he sends out invitations (according to the decree on the conditions and rules of tenders for open tenders, the message must appear on the company's website, and can also be placed in the press, sent to e-mail). When a decision is made to hold a closed competition, invitations are sent to potential participants.
Selection of candidates.
Acceptance of proposals from selected bidders.
Evaluation of proposals and selection of one of them, the most profitable, by the customer.
Signing an agreement with the winner.

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

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

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

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

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

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

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

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

Instructions for participation in tenders

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

There are the following types of tenders:

open
closed
specialized auctions with limited participation
request for quotations

Open tenders

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

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

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

Closed tenders

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

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

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

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

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

Closed auctions include:

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

It should be noted that the holding of a closed tender must be coordinated with government bodies authorities.

Specialized auctions with limited participation

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

Quote request

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

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

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

Electronic auction

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

Dangerous myths

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

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

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

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

Psychological tricks

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

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

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

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

Write your question in the form below

What are commercial tenders for?

Recently, participation in tenders has become a common practice. Factors that determine the need for commercial tender by the customer company, includes a combination following conditions: a clear understanding of their need for certain goods, works or services, the availability terms of reference, the budget for the project, the difficulty of choosing between several supplier companies.

There are other reasons as well. In the field of corporate and state procurement policy, there is a requirement to conduct competitive procedures when placing an order. In many organizations, it is customary to make a decision on the choice of a company - a supplier of goods, works or services on the basis of tenders that take place through the announcement of an open or closed tender. Bidding in the business community is called a tender. The term "tender" came to Russian economy from the global economy, where tendering is the main mechanism for implementing the public-private partnership system. Tenders for Russian market conducts both the corporate and the public sector. Today, the requirement to conduct an auction is presented in Russia for all orders announced by state and municipal organizations, the cost of which exceeds 100 thousand rubles per quarter.

Tenders help to find optimal solutions for business development. The contract will be concluded with the company that made the most advantageous offer for the tender organizer. It is not easy for a supplier to win a tender: it is necessary to become a supplier of goods in demand on the market, to have a good team of specialists, to understand the legislation and the intricacies of tender procedures.

Supplier companies, thanks to the tender, create around themselves competitive environment, have the opportunity to receive an order for their products at the best price.

Commercial tenders are regulated by the norms of the Civil Code of the Russian Federation and regulations established by the customer companies themselves.

Article 448 of the Civil Code of the Russian Federation determines that auctions are held through open and closed auctions and competitions. Any person can participate in an open auction and an open tender, while only persons specially invited for this purpose participate in closed auctions. The organizer is obliged to notify the public about the auction at least 30 days before it takes place.

The fourth Chapter 135-FZ "On Protection of Competition" provides for antimonopoly requirements for bidding and features for the selection of financial organizations.

Systematization and unification of procedures for private tenders was carried out by RAO "UES of Russia". The Company applied for conducting commercial tenders the basic principles and standards provided for public tenders and prescribed in 94-FZ. The set of competitive procedures was expanded: open tender, open tender with preliminary selection, closed tender, two-stage tender, multi-stage tender, tenders (open, closed) with rebidding, price tender, request for quotations, request for proposals, competitive negotiations, purchase from a single source.

Majority commercial bidding conducted on the same principles as the public auction. The difference is that the activity government organizations during bidding is strictly regulated by law, and commercial organizations conduct tenders in a more free form. They are guided by internal documents adopted by the companies themselves.

Commercial organizations do not have such a single and universal law for conducting tenders as 94-FZ for public procurement. The reason is that each area of business has many differences and its own specifics.

Efficient procurement and an optimal tender procedure are important for commercial enterprises.

Many customer companies have electronic platforms for bidding, they are the main procurement activity. Thus, RAO UES has created a unified Internet resource for electric power companies (www.b2benergo.ru). Commercial tenders are held on such platforms as B2B-NPK, B2B-Avia, B2B-SNG, B2B-Cold, B2B-Sport, B2B-Metallurg, B2B-Agro, B2B-Housing and Public Utilities, B2B-Auto, B2B-Telecom, B2B- Insurance and others. All these portals have common databases (that is, companies registered on one site can take part in trading on others), similar regulations, and a uniform interface. Each industry has portals that consolidate information about auctions, and there are also inter-industry portals such as Trade.Su (alltenders.ru; i-tenders.ru). The main difference between b2b and information-consolidating sites is that the latter do not host auctions themselves, they do not provide for procedures. Information is posted there, in particular, notices and links to the customer's website, where, as a rule, tender documentation is posted.

The choice of a place to participate in the auction depends on the financial and organizational conditions offered by different sites. Some sites charge a subscription fee, others charge a percentage of the transaction, others charge a one-time fee, and others provide free participation either for suppliers or customers.

What tenders are there?

The first type of tender is the "price tender". The customer knows exactly what goods, works or services and in what volume he will need to complete the task. And suppliers of goods or performers of works or services put forward their proposals for the supply of goods, for specific types of work, terms, period of warranty service, additional services- and most importantly, the price.

The second type of tenders is the tender of "open solutions". Such a tender is organized when the company's specialists do not have a clear idea of what goods, types of work and services they will need to achieve the desired result. The tender of "open solutions" can be announced even if the desired result can be achieved different ways. The company in the description of the tender conditions (brief) indicates the problem that it needs to solve or the result that it is desirable to achieve. Participating companies offer their vision of solving the problem.

Such a tender, of course, implies a much greater spread in prices and proposed solutions, but in return, the customer company gets a unique chance to consider the creative developments of various companies.

In the case when difficult decisions have to be made, a two-stage tender model is used. At the first stage, the customer company chooses the concept of the solution, and at the second - the price offer.

Open or closed tender?

The advantages of an open tender are its publicity, which is important when carrying out large and complex purchases, choosing contractors for the implementation of large-scale projects. In this case, suppliers have more responsibility, they are more careful in preparing and submitting proposals. For suppliers, the difficulties are related to the fact that the tender procedure is clearly regulated both in terms of timing and consequences. For the customer, it is difficult to waste time resources, there is an element of unpredictability associated with the risk of the arrival of unverified companies.

Closed competition is the best procedure for purchasing in small lots. Despite the narrowing of competition, the process of processing and evaluating applications becomes easier, verified companies are specially invited.

Rules of preparation for participation in the tender.

Like any business process, a tender has its own rules for preparing and conducting. The customer company describes in the tender documentation the criteria and terms for selecting participants and the winner of the tender.

Consider the work plan for preparing for participation in the tender.

Stage 1. Studying the tender documentation and making a decision on participation in the tender.

To prepare a proposal for participation in a commercial tender, it is necessary to familiarize yourself with the tender documentation of the company that conducts the tender.

The customer sends a brief (invitation to participate) to potential bidders for consideration.

The standard brief includes the following composition:

1.description of the customer company

2. statement of the problem and description of the desired result

3.requirements for bidders

4. description of the application form

5.criteria for assessing applicants

6. terms of the tender.

Let's deal with the content of the brief.

Description of the client company.

To prepare a proposal for participation in a commercial tender, it is necessary to get acquainted with the history of the company that conducts the tender. It is necessary to pay attention to the size of the company, the sector of the economy in which it operates, the type of business and its specific features. Booklets and brochures, Internet resources about the company, the content of the company's website will allow you to get an idea about the customer. Information about the company will make it possible to correctly prepare the tender documentation.

Statement of the problem and description of the desired result.

This section of the brief shows what problem the customer needs to solve. The tender documentation contains a technical and commercial part. The technical part provides a description and general information about the object of the tender, instructions for suppliers, information cards indicating the procedure for preparing and submitting bids, and other required information. The commercial part indicates the price, conditions, payment schedules, sources of financing of the contract.

Requirements for bidders.

Among the requirements, there may be a requirement for experience in conducting similar projects, feedback from previous clients, the availability of information about the period of work in the market of the supplier company.

Description of the application form

In this section, the company - the customer specifies those sections that should appear in the application (proposal) from the company - participant in the tender.

Criteria for evaluation

Evaluation criteria include such parameters as price, project time, lack of co-executors.

Tender deadlines

Usually indicate the deadline for the announcement of the tender, the start and end dates for the receipt of applications, the approximate period for consideration of applications.

As a rule, if a "price tender" is announced, then 3-4 organizations are invited to participate. If a two-stage “tender of solutions” is planned, then the number of participants in the first stage can be from 5 to 9, and two or three participants who have prepared the most interesting proposals go to the second stage.

Stage 2. Clarification of positions.

At this stage, companies that submitted initial bids may contact the client for additional information in order to clarify the client's vision of the problem and ways to solve it.

Stage 3. Application preparation.

Quite often it happens that an enterprise is not allowed to participate in the tender even at the stage of verification of tender proposals, if the application submitted by it was incorrectly drawn up. Tender documents must be professionally prepared.

Stage 4. Presentation of proposals.

The company ordering the tender invites to the meeting the finalists of the tender, who have the opportunity to convince that their offer is the best. In order to win the tender, the supplier needs to present the material favorably and interest the customer. A professionally prepared presentation should be accessible and visual, should contain graphic information, comparison with the work of other companies. It would be useful to attach a list of major customers and customers of the supplier company, their reviews.

Stage 5 Final selection.

Responsible managers of the company - the customer collectively decide on the choice of a particular supplier. During the discussion, the opinions of internal customers are clarified, a rating table is created, where, using the weighted average coefficient method, the final score of each tender participant is determined.

Stage 6 Announcement of winners.

On the general meeting or through the media when conducting an open tender or personally, if the tender was closed, the tender participants are notified of the completion of the competitive procedures and the selection of the winner.

There is an opinion that connections are needed to win the tender. Of course, there are costs in any business process, and yet there are three defining criteria for winning a commercial tender - this is the price of the contract, quality and qualifications.

For Russia, the term “tender” is new, although the very procedure it describes has been used for a very long time.

Its domestic synonym is bidding. Despite its wide distribution in business circles, it has not yet received its consolidation at the legislative level in the Russian Federation.

For the first time such a definition appeared in 1993, after the adoption by UNISTRAL of a model law, using which states were able to reform their legislation regarding procurement procedures in order to ensure normal, as well as achieve fairness and objectivity in the course of procurement.

The use of this international legal act in procurement laws is intended to ensure, in countries where they are applied, maximum efficiency and cost-effectiveness of this procedure.

Tender (tender) is the selection of proposals for the supply/purchase of products/services/works on a competitive basis, according to predetermined conditions.

It is held for a certain period of time and is carried out on the basis of the principles of competitiveness, equality and efficiency.

The organizers of the tender can be government and commercial structures, as well as entities with property rights.

Participation in the event is allowed to any natural or legal persons whose means and direction of activity allow them to fulfill their obligations under the terms of the tender agreement.

The tender package is purchased by potential bidders at a set price or is provided free of charge if there is an informal procedure.

Kinds

Classification of tenders provides for their division according to characteristics. Depending on the purpose, they can be focused on the purchase or sale..

In this case, the winner is determined immediately after consideration of all applications, after which a contract is concluded with him.

The second option is used when searching for a contractor for orders related to large-scale engineering and design work, scientific research and others.

In such a situation, the participant first provides the customer with technical information regarding their ability to fulfill the established conditions, and after considering them by the organizer, they begin to determine the price.

Depending on the organizer, tenders are:

state(regulated by Federal Law No. 44) are characterized by strict requirements for the selection of participants, planning and reporting on completed public procurement, the presence of a ban on certain types of procurement, and so on;
commercial distinguished by the absence legislative regulation and the possibility of independent establishment of trading rules;
purchases by individual legal entities(regulated by Federal Law No. 223) is the most problematic category of tenders, because, despite the rules established by law, the persons conducting them are also endowed with the opportunity to independently develop their own provisions, which often leads to inconsistencies in factual and legal settings.

It should be additionally noted that, depending on the scale of the enterprise that the customer is going to make, tenders can be divided into official and unofficial.

If the bidding amount is small, then carrying out full-scale activities to search for a contractor is not economically feasible. In this case, the customer simply notifies potential participants about the possibility of fulfilling his order, and after considering the declared candidates, he chooses the most suitable one.

A very interesting form is the request for quotations and proposals. Their customers conduct in order to analyze the prices and technical capabilities of potential contractors.

The information obtained can be used to draw up an optimal tender package, and so on.

Features of organizing an official tender

An official tender may differ somewhat in the procedure for conducting it, depending on the organizer, but in general it has more in common.

Its main feature and difference from unofficial auctions is the specifically established procedure for conducting and passing, determined directly by the customer himself and corresponding to the norms of the law.

It includes the following items:

development by the tender commission of all criteria for the future project;
posting information about the upcoming tender with the possibility of providing a tender package;
submission of applications by potential executors, accompanied by relevant documentation, which serves as their basis for the execution of the placed order;
consideration of applications by the organizer;
selection of the winner and conclusion of a contract with him.

In order to protect themselves in advance from an erroneous transaction, some companies require participants to provide bank guarantees.

This requirement always applies to public procurement tenders..

Classification of bidding by the admission of participants

According to the admission of participants, tenders are divided into open and closed.

The first type provides for full publicity regarding information about participation.

Information can be placed both on electronic trading platforms and in the media, on network portals and in other sources. As a rule, there are no restrictions on the submission of applications.

The second, on the contrary, implies confidentiality. The circle of participants in this case is small.

The need for a closed tender may be dictated by considerations of national security, or the price of the organizer's order itself is so small that it does not justify large-scale tenders.

What is electronic trading?

Electronic tenders are carried out on special sites on the Internet. There are many of them on the web.

Among them there are 5 official trading floors where government tenders are organized.

The procedure for holding such events (electronic) is not much different from the traditional one. Participants are required to provide similar documentation, organizers are required to collect and process information, etc.

The activities of such resources and the procedure for events taking place within their framework are regulated legal regulations RF.

So, there are a huge number of tenders, and the emergence of each of them is a consequence of a certain need of a particular market niche.

It is safe to predict that their number will steadily increase.

As for regulation at the legal level, the state policy in this regard is aimed at ensuring conditions for healthy competition and saving budgetary funds.

Despite the fact that public procurement tenders are held under more stringent conditions than commercial ones, the opportunities provided by the state to their contractors often turn out to be wider.

FAQ

Having learned about such an event as a tender and how to participate in it, you can proceed to the execution and submission of documents.

The list of documents is determined by the customer himself, however, there is a basic package that is necessary in any case. It includes:

an application certified by the head of the enterprise;
application and attached presentation with information about past projects;
an inventory of the documentation that is included in the package;
a copy of the TIN certified by a notary;
certificate of state registration;
a certificate confirming the absence of debt to the tax service;
reporting on financial condition companies over the past three months.

Moreover, the customer can include a clause on securing the application. This suggests that the applicant must pay a certain amount in advance, which is not more than 5% of the total amount of the contract.

Such actions are confirmation of the contractor's intentions to fulfill the order. The transfer of these funds confirms the payment order, which is submitted for consideration with a package of documents.

This deposit will be withheld in the event that the participant decides to evade the execution of this order after he has been selected as a performer. All applicants will be refunded their invested amount after the competition is completed. This also applies to those participants who prematurely withdraw their application.

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

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

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

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

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

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

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

The type of tender depends on the following factors:

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

Table: specifics of the main types of tenders

Types of tenders	Features of the procedure
For sale and purchase	The type of competition depends on the purpose of the organizer, i.e. he intends to acquire or sell something. Thus, the participants in such a procedure have opposite intentions (one side is a seller, the other is a buyer).
one-stage and two-stage competition, auction, request for proposals, quote request, competitive negotiations	The specifics of this classification are as follows: Competition. It is carried out in the case when it is meant to carry out complex work from a technical or organizational point of view. It is understood that performers with appropriate equipment and qualifications will take part in the competition. If the tender is held honestly, it is won by the organization (or individual entrepreneur) that expresses a desire to complete the project at a high technical level and at the most attractive price for the organizer. A two-stage tender is organized if the customer is not able to immediately determine some of the conditions of the project. First (at the selection stage), he selects the most interesting proposals for himself, then (at the second stage) he determines whose conditions seem most suitable to him. The auction is organized in the event that for the customer in the foreground is the monetary factor. The auction participants announce their conditions, and the winner is the one whose conditions or price are more acceptable to the organizer. When requesting quotations, the customer analyzes the first proposals received from the bidders. The victory is won by the side in whose favor he makes a choice. When requesting proposals, the customer analyzes the received proposals, evaluating not only the financial component, but also the technical one. competitive negotiations. All persons who meet the requirements are entitled to start negotiations. This type tender is considered the most transparent. At the negotiations, all the nuances of the project are discussed, the possibilities of each performer are considered.
open and closed	The open form gives a chance to participate to all interested. If the tender is closed, then invitations are sent only to a certain number of participants. Grounds for holding a closed tender: the contract is related to a commercial or state secret; the number of participants is small in the area in which the tender is held; the cost of holding an open tender is not justified. Stopping his choice in favor of one of these forms of tender, the customer should not go against the law.
Government and commercial, purchases with certain legal entities	The features of this classification are as follows: State tenders. The organizer of such tenders is the body state power or government agency. The law strictly regulates the procedure for holding a competition - from the development of conditions for participation to the selection of applicants for the role of a performer. In addition, all actions of the organizer in this case are accountable: he cannot own will change the established rules, expand the list of acquired material assets and services. Purchasing with certain legal entities. These include state companies, corporations, monopoly organizations, unitary enterprises of federal and municipal level, autonomous institutions and some other legal entities. In this case, the customer can already independently establish the conditions of the tender and determine the form of its conduct (the law provides for two options - an auction and a tender, but there is currently no ban on expanding the list). commercial tenders. These are purchases that are carried out commercial organizations according to its own rules that do not contradict the Civil Code of the Russian Federation and 135-FZ, and using own funds. The rules of the tender, the requirements for persons wishing to participate in them, the algorithm for determining the winner and other details of the tender in this case are determined by the customer himself, without the participation of the state. In addition, the organizer of a commercial tender has the right not to place in a single information system announcement of preparations for the event.
Competitions in electronic form or on paper	Regardless of the form in which the tender is held, the organizers introduce special methods for controlling all incoming information (using EDS on electronic platform etc.). Terms of participation in the tender both in electronic form and in the personal presence of the participant at the event with paper bag documents are announced by the customer. It should be borne in mind that they are the same for each performer.

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

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