Terms of work with tenders. What is tenders. Features of state, commercial procurement and procurement with certain types of legal entities

The tender is a competition that helps the customer to choose the most preferable supply for it among many options proposed from representatives of different companies. Tendering is carried out on the basis of a competitive competition, the winner of which signs the contract with the customer.

Tenders are the main way, providing services or contractors. At the same time, dates, amount and other details are negotiated in advance. These nuances should be taken into account by the participant, as customers often choose exactly those proposals that fully comply with their requirements.

Not only the state, but also private traders

Competitions are held not only on the initiative of state representatives: they are also distributed among private companies. So, currently to participate in such bidding, the company (potential participant) it is necessary to make a certain amount, which is a guarantee of serious intentions of the applicant. So there are simply no opportunity to take part in the tender. These are companies engaged in small and medium-sized businesses.

What are the advantages of tenders?

There are certain types of bidding that have their pros and cons. But if you consider them from a general point of view, you can allocate the following advantages:

Efficiency. Trading allow the Customer company to consider many proposals by choosing the best, most effective of them.
For any member company, it is a chance to increase not only its financial success, but also a reputation.
Tender trading is very convenient and economically, because there are always a lot of applicants.

Classification of ways to organize trading in Russia

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

Open and closed

The classification of tenders is often carried out by availability for applicants. There are both closed and open and limited tenders. In Russia, closed contests are currently quite popular, which, however, is considered less effective. The decision to hold a tender of a closed type, according to experts, is a tribute to Soviet traditions. While tenders open in Russia are much less common, despite the fact that they have more advantages. The main one is the participation of a larger number of potential suppliers. In this case, trading perform their main functions - openness and availability.

With preliminary selection of candidates and without it

Classification can also be based on the selection of participants held before the start of the event. Even in cases where the competition is open or limited, the customer can cut off candidates whose applications are least in line with the requirements. This procedure is relevant because many companies, even being the least suitable for participation in a particular contest, are still applying. But the huge number of participants only slows down the process of choosing a better sentence, while one of the functions of the competition is speed.

Two stages or one

A bidding in one stage does not provide for changes or negotiations on the contest, so in many cases it is unacceptable. But the holding of a two-step tender is a fairly efficient method that is characterized by flexibility from the customer. A two-stage competition consisting of several steps makes it possible to resolve all the questions by spending at the first stage negotiations. But, despite the undoubted advantages, two-stage trading does not complain not only in the Russian Federation, but also abroad due to the too long process of conducting. Only in the case when the order is sufficiently serious, a two-stage auction is carried out.

What does the tender incorporate?

Bidding have certain stages of the organization:

Determination of the subject of trading.
Development of the program, definition of a bidding form (closed, limited, open).
Development of documentation criteria necessary to participate in the competition.
Choosing bidders. This item varies depending on the type of competition: if the organizer decided to hold an open contest, he sends invitations (according to the decision on the conditions and regulations of tenders at open auction, the message necessarily appears on the company's website, and can also be placed in the press, sent by electronic mail). When it was decided to hold an enclosed competition, invitations are sent to potential participants.
Selection of candidates.
Accepting proposals from elected trading participants.
Assessment of proposals and choosing one of them, the most profitable, customer.
Signing an agreement with the winner.

Participation in the tender implies a lot of difficulties and subtleties. It is worth considering issuing an application and necessary. It is necessary to understand the basic rules for holding tenders and be an experienced player in this market.

Tender is a competitive selection of the artist for the provision of services, performing work or the delivery of goods, in accordance with the requirements and conditions of the Customer and within specific time.

Any organizations can participate in the tender. The customer is put forward certain criteria for tender members. This information is provided as a document that contains the following items:

in which conditions are accepted by the participants
what time frame is a competition and discusses suggestions
With the winner of the tender
is there a tender security and its size

Everyone can take part in the competition. For this prepare the necessary documents, the tender offer and make an application for execution of the order.

To successfully participate in tenders, it is necessary to comply with a number of rules:

It is necessary to clearly adhere to all the rules and conditions of the competition.
Each applicant must clearly follow the requirements of the customer.
The submitted application indicates that she won the participant is ready to fulfill the terms of the contract.
A competently compiled application - the first step towards success, because The presence of an error may cause a refusal to adopt.
The tender application must be submitted in a clearly defined period, otherwise the failure is guaranteed.
Any change in applications, as well as refusal to tender, can be made before the end of the time of receiving applications.
Selection participants fully carry the costs that are associated with the holding of the competition.
Closed information that is not considered to be announced, this also applies to information about the consideration of tender applications.

In addition, a number of federal laws regulate the basic rules for tender trading. These rules are required to adhere to the organizers and participants of the competitions.

Instructions for participation in tenders

Tenders enable small companies to declare themselves and get interesting proposals for cooperation. And the customer receives a large number of applications from potential performers, and can choose the most advantageous offer.

Distinguish the following types of tenders:

open
closed
specialized trading with limited participation
request quotes

Open tenders

The main characteristic of open tenders is that any organizations can take part in the competition. Information about such bidding is available in common access. As a rule, this type of tender is used to implement public procurement. Subject to free access to the requirements of the auction, a very large number of applications come, which makes it possible to choose a company that suggests the most cooperation.

Applications for participation in the competition must be issued and comply with the requirements put forward by the Customer. The prepared package of documents is sent by registered mail or disappear in person at the specified address.

You can apply the application only once. At the same time, the information that is specified in it should remain confidential before the start of trading. The customer stipulates the timing, after which envelopes are revealed with applications, and the executor takes place.

Closed tenders

If the auction is arranged as a closed tender, only a certain circle of invited persons can take part in it, which were previously selected by the Bid Organizer. Often, in such auction participation takes.

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

If the customer makes any adjustments to the tender requirements, it must promptly notify each member of the auction.

After all offers were received, the customer meets their content and selects the most profitable offers. The defeated performer is a contract, after the signing of which other participants are notifying about the closure of trading.

The closed competition is carried out in cases where the customer is interested in purchasing goods with specific characteristics, the supply of which is engaged in a small number of enterprises. Also, this tender is applicable for small purchases.

To closed trading include:

relatively small financial costs, compared with the open tender.
absolute confidentiality
short deadlines for the selection of the artist

It is worth noting that the holding of a closed tender must be coordinated with state authorities.

Specialized trading with limited participation

The tender with limited participation imposes on the participants certain: the presence of certain tolerances, belonging to one or another states, etc. Such purchases are applicable for those cases where the performance of work requires a specialized approach and characterized by certain difficulties, and they can be offered to a small number of participants. In such auction, as well as in the closed tender, participating in the competition are taken by invited pre-selected participants.

Request quotes

The request for quotations involves the choice of a supplier for procurement of products with similar characteristics. The purpose of this tender is with the lowest price.

By organizing a tender, the customer requests the price of a certain product. Suppliers in a quotation application call the price for which a specific product is ready to put. The price is declared once and cannot be changed.

After determining the best price, the customer sends an invitation to the winner of the auction for negotiations with the further signing of the contract. If negotiations were successful, the Customer notifies the closure of the contest of the remaining providers who participated in the tender.

Electronic auction

When conducting electronic auctions, information about them is placed on electronic trading platforms. The participants are put forward by the basic requirement - at such sites. Participants send electronic applications with the necessary documents to participate in the tender for the operator of the trading platform. He, in turn, redirects the applications to the customer for one working day since the reception of documents.

Dangerous myths

In the business sphere, the myths about tenders are common, due to which many companies lose money, because Do not risk take part in the auction. Knowing about them, it is easier to make a decision about whether to participate in the tender and correctly calculate your strength.

The first myth that all registered tenders are. There is an opinion that many customers create their orders by prior arrangement. Having received a bribe from an interested supplier, the customer is declared a tender, which in its essence is a formal character, because The performer has long been known, and others will not win the tender. It does not quite correspond to reality. Although a certain percentage of purchased tenders is still there. In such cases, the customer will be put forward with such conditions and requirements that can satisfy only a specific performer. Therefore, with a detailed study of the requirements for orders and other documents, you can easily calculate custom-made tenders. It is necessary to pay special attention to the size of the transaction. Most often paid large multimillion orders.

The view is that the tender is carried out under the work done, this is the second common myth. It may often be possible to meet situations where the work was first performed, and then a tender competition was carried out. In order not to fall 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 under the work performed very high.

The third myth is that it cannot successfully participate in tenders. In other words, the tenders won only large and famous companies. Participating in the tender, the participant carries certain cash spending. But if suitable orders are found, then these costs will be expected. Do not forget than serious order, the more stringent requirements are nominated for participants. However, representatives of small businesses can successfully perform in tender trading with small amounts of order, or participate in electronic competitions.

Psychological techniques

The right way to success is communication with customers. There are some psychological techniques that should be used to participate and victory in tenders:

Experienced players advise the first thing in a conversation with the customer to determine his problem, consider it from different points of view and suggest solutions.
Learn available information about the customer company. Communicate 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 their tender application.
Provide the tender committee list of your customers. It will show your competence in solving any tasks.
The list of achievements best describes you as a qualified specialist.
Many customers are interested in what benefit you can bring him and what kind of way. And then pay attention to professionalism and in business.
Provide warranty. It will show that you can trust.
We often take part in tenders, and even if not always luck will be on your side, you do not need to lower your hands. You need to believe in success and then everything will definitely work out.

Tenders are of different species, and each of them has its own rules and nuances. Having understood with the basic rules of tender trading, any company will be able to correctly and correctly fulfill the requirements of customers.

For successful participation in any tenders - soberly appreciate your financial opportunities. Remember, the application for participation in the competition must be correctly framed. Your application will attract the attention of the customer to you as a reliable performer. And most importantly, the more often you will take part in tenders. The more you will acquire experience, which means the chances of winning the tender will only increase.

Write your question in shape below

What are commercial tenders?

Recently, participation in tenders becomes common practice. The factors determining the need for a commercial tender by the Customer include a combination of the following conditions: a clear understanding of its need for certain goods, works or services, the availability of a technical task, the budget for the project, the complexity of choice between several supplier companies.

There are other reasons. In the field of corporate and public procurement policies, there is a requirement for competitive procedures when placing an order. In many organizations, it is customary to decide on the choice of the company - a supplier of goods, works or services on the basis of trading, which are held through an announcement of an open or closed contest. Bidding in the business community is customary to be called a tender. The term "tender" came to the Russian economy from the global economy, where tender activity is the main mechanism for the implementation of the public-private partnership system. Tenders in the Russian market holds corporate, and the public sector. Today, the requirement for bidding is presented in Russia to all orders announced by state and municipal organizations, the cost of which exceeds 100 thousand rubles per quarter.

Tenders help find optimal solutions for business development. The contract will be concluded with the enterprise that made the most profitable offer for the organizer of the tender. Win the tender to the supplier is not easy: it is necessary to become a supplier of the goods in demand in the market, have a good team of specialists, deal with legislation and subtleties of competitive procedures.

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

Commercial tenders are governed by the norms of the Civil Code of the Russian Federation and the regulations established by customers themselves.

Article 448 of the Civil Code of the Russian Federation determines, trading is carried out through open and closed auctions and contests. In an open auction and an open competition, any person can participate in closed - only persons specially invited for this purpose participate. The organizer is obliged to inform the public about the auction at least 30 days before they are held.

In the fourth chapter, 135-FZ "On the Protection of Competition" provides for antitrust requirements for trading and the features of the selection of financial organizations.

The systematization and unification of private tender trading procedures implemented RAO UES of Russia. The company used for commercial tenders the basic principles and standards provided for for public aunts and registered in 94-22s. The set of competitive procedures was expanded: an open contest, an open contest with preliminary selection, a closed competition, a two-stage competition, a multi-stage competition, contests (open, closed) with a problem, price competition, price request, requests for proposals, competitive negotiations, purchasing at a single source.

Most commercial trading are conducted on the same principles as state bidding. The difference is that the activities of state organizations during trading are tightly regulated by legislation, and commercial organizations conduct tenders on a more free form. They are focused on the internal documents adopted in the companies themselves.

Commercial organizations do not have such a universal and universal law for tenders as 94- FZ for public procurement. The reason is that each business scope has many differences and its specificity.

For commercial enterprises, procurement efficiency and the optimal tender procedure are important.

Many customer companies have electronic trading platforms, they include basic procurement activities. So, RAO UES created a single Internet resource for electric power companies (www.b2benergy.ru). Commercial tenders are conducted at platforms such as B2B-NPK, B2B-Avia, B2B-SNG, B2B-Cold, B2B-Sport, B2B-Metallurg, B2B-Agro, B2B-Housing and Public Up, B2B-Auto, B2B-Telecom, B2B- Insurance and others. All these portals have uniform databases (that is, those registered on the same platform can take part in the auction and on others), similar regulations, a uniform interface. Each industry has portals that consolidate information about trading, inter-sectoral portals of the Trejd.Su type (Alltenders.ru; i-tenders.ru). The main difference between B2B from the consolidating site information is that the trading themselves do not pass on the latter, they do not provide procedures. There is information, in particular, notifications and references to the customer's website, where, as a rule, there is a competitive documentation.

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

What tenders come?

The first type of tender is "Tender Prices". The customer knows exactly what goods, work or services and in which volume will be required to fulfill the task. And suppliers of goods or performers or services nominate their proposals for the supply of goods, on specific types of work, timing, period of warranty service, additional services - and most importantly.

The second type of tenders is a tender of "open solutions". Such a tender is organized when the company's specialists do not have a clear idea of \u200b\u200bwhich products, types of work and services will be required to achieve the desired result. Tender "Open Solutions" can be declared in the event that the desired result can be achieved in various ways. The company in the description of the tender conditions (brief) indicates the problem that it needs to be solved or the result is desirable to achieve. Participating companies offer their vision to solve the problem.

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

In the case when you have to make complex solutions, a two-stage tender model is used. At the first stage, the company, the customer chooses the concept of solution, and on the second - the price offer.

Open or closed tender?

The advantages of an open competition - in his publicity, which is important when conducting large and complex purchases, choosing contractors to implement large-scale projects. Suppliers in this case are more responsibility, they more carefully refer to the preparation and submission of proposals. For suppliers of complexity, the competitive procedure is clearly regulated in terms of timing, and in consequences. For the customer of complexity in time of temporary resources, in the presence of an element of unpredictability associated with the risk of the arrival of unverified companies.

A closed competition is the best procurement procedure in small batches. Despite the narrowing of competition, the processing and evaluation of applications becomes easier, proven companies are specifically invited.

Rules of preparation for participation in the tender.

Like any business process, the tender has its own rules of preparation and conduct. The company, the customer describes the criteria and timing of the choice of participants and the winner of the tender in the competitive documentation.

Consider a plan for preparing for participation in the tender.

Stage 1. Studying the tender documentation and the decision to participate in the tender.

To prepare a proposal to participate in a commercial tender, it is necessary to get acquainted with the company's competitive documentation that holds a tender.

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

Standard brief suggests the following composition:

1. Description of the company-customer

2. The support of the problem and the description of the desired result

3. Requirements for tender participants

4. Description of the application form

5. Circuitry evaluation of applicants

6. The reports of the tender.

We will deal with the contents of the brief.

Description of the customer company.

To prepare a proposal to participate in a commercial tender, it is necessary to get acquainted with the history of the company that holds a tender. It is necessary to pay attention to the number of the company, the sector of the economy in which it works, business type and its specific features. Booklets and brochures, Internet resources about the company, the content of the company's website will allow to obtain an idea of \u200b\u200bthe customer. Information about the company will make it possible to properly prepare the tender documentation.

Setting the problem and description of the desired result.

This section of the Brift shows which problem it is necessary to solve the customer. Tender documentation contains technical and commercial part. The technical part describes and general information about the object of trading, instructions for suppliers, information cards, indicating the procedure for preparing and submitting competitive applications and other required information. The commercial part shows the price, conditions, payment schedules, sources of financing contract.

Requirements for tender participants.

Among the requirements may be determined the requirement for the presence of experiences of similar projects, reviews of previous customers, availability of information on the work on the company's market - supplier.

Application application form

In this section, the company - the Customer stipulates those sections that should appear in the application (offer) from the company - Tender member.

Criteria for evaluation

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

Dates of the tender

Usually indicate the announcement of the tender, the deadline for the beginning and end of acceptance of applications, the estimated period of consideration of applications.

As a rule, if the "price tender" is announced, 3 -4 organizations are invited to participate. If the two-stage "tender decisions" is scheduled, the number of participants in the first stage can be from 5 to 9, and two participants who prepared the most interesting offers come to the second stage.

Stage 2. Refinement of positions.

At this stage of the company, submitted initial applications for participation in the tender, can contact the customer for more information to clarify the vision of the problem of the customer and the way to solve it.

3 stage. Preparation of the application.

Quite often, it happens that the company does not allow for participation in the tender at the stage of verification of tender proposals, if the application submitted by them was incorrectly compiled. Tender documents must be decorated professionally.

4 stage. Presentation of proposals.

The company-customer of the tender invites the finalists of the competition, who have the opportunity to convince that their proposal is the best. In order to win the tender, the supplier needs to benefit the material and interest the customer. A professionally prepared presentation should be accessible and visual, should contain graphical information, comparison with the work of other companies. It will be useful to attach a list of large customers and customers of the company supplier, their reviews.

5 stage. Final selection.

Responsible managers of the company - the Customer collectively make a decision on choosing one or another supplier. In the process of discussion, the views of the internal customers are specified, a rating table is created, where with the help of the weighted average coefficient method, the final ball of each participant in the tender is determined.

6 stage. Announcement of winners.

At the general meeting or through the media during an open tender or in a personal order, if the tender was closed, the tender participants are notified of the completion of the competitive procedures and the choice of the winner.

There is an opinion that for victory in the tender, we need connections. Of course, there are costs in any business process, and there are still three defining victory criteria in a commercial tender - this is the contract price, quality and qualifications.

For Russia, the term "tender" is new, although the procedure itself, the description of which it serves, is applied for a very long time.

His domestic synonym - bidding. Despite the widespread in business circles, he has not received its consolidation at the legislative level in the Russian Federation.

For the first time, such a definition appeared in 1993, after the adoption of the UNistral of the Model Law, taking advantage of which states received the opportunity to reform their legislation regarding procurement procedures in order to ensure normal, as well as to achieve justice and objectivity during procurement.

The use of this international legal act in legislation on procurement is intended to provide in countries where they are used, maximum efficiency and efficiency in the implementation of this procedure.

Tender (Tender) is the selection of proposals for the supply / purchase of products / services / work on a competitive basis, according to pre-established conditions.

It is carried out over a certain period of time and is carried out on the basis of the principles of competition, equality and efficiency.

State and commercial structures can act as the tender organizers, as well as subjects with property rights.

Take part in the event is permitted by any physical or legal entities whose funds and activities allow them to fulfill those taken, according to the terms of the tender agreement, obligations.

The tender package is acquired by potential participants at a prescribed price or provided for free if there is an unofficial procedure.

Views

The classification of tenders involves their division on the grounds. Depending on the goal, they can be focused on purchasing or selling.

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

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

In this situation, the participant first provides the Customer technical information on its capabilities of the established conditions and after consideration by their organizer proceed to the price determination.

Depending on the organizer, tenders are:

state (regulated FZ No. 44) are characterized by the hard requirements of the selection of participants, planning and reporting on perfect state procurement, the presence of a ban on some types of procurement and so on;
commercial differ in the lack of legislative regulation and the possibility of independent establishment of the Rules;
procurement with individual legal entities (Regulated FZ No. 223) - the most problematic category of tenders, since, despite the rules established in the legislative procedure, the persons conducting them are also endowed with the possibility of self-developing their provisions, which often leads to contradictoryness of actual and legal entities.

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

If the amount of trading is small, then the conduct of full-scale activities for the search for the performer is economically inappropriate. In this case, the Customer simply notifies potential participants about the possibility of fulfilling its order, and after considering the declared candidates, chooses the most appropriate.

A very interesting form is the request for quotations and suggestions. Their customers are carried out with the aim of analyzing the prices and technical capabilities of potential performers.

The information obtained can be used to compile the optimal tender package, and so on.

Features of the organization of the official tender

The official tender may be somewhat different from the procedure, depending on the organizer, but in general has more general features.

Its main feature and honors from informal trading is the specifically established procedure and passage, determined directly by the Customer and relevant legislation.

It includes the following items:

development of the tender commission of all criteria for the future project;
placement of information about the upcoming tender with the possibility of providing a tender package;
submitting applications by potential performers, accompanied by the relevant documentation, which serves as a basis for fulfilling the placed order;
consideration of applications by the Organizer;
choosing a winner and conclusion with a contract with him.

To protect yourself from an erroneous deal in advance, some companies require the provision of bank guarantees from participants.

On government procurement tenders, this requirement is always applied..

Classification of trading on the tolerance of participants

On the tolerance of participants tenders are divided into open and closed.

The first form provides for a complete publicity regarding participation information.

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

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

The need for a closed trend can be dictated by the considerations of state security or the price of the organizer's order itself is so small that does not justify the conduct of large-scale trading.

What are electronic trading?

Electronic tenders are carried out on special venues on the Internet. There are a lot of them in the network.

Among them there are 5 official trading platforms on which government tenders are organized.

The procedure for conducting such events (electronic) is not much different from the traditional. Participants require the provision of similar documentation, from organizers collecting and processing information, etc.

The activities of such resources and the procedure for measures passing under their framework are regulated by the legal norms of the Russian Federation.

So, tenders have a huge amount, and the emergence of each of them is a consequence of a certain need for a market niche.

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

As for regulating at the legal level, the state policy in this regard is aimed at ensuring the conditions for healthy competition and budget savings.

Despite the fact that the tenders of the state procurement take place in more hard conditions, rather than the commercial, the possibilities provided by the state, and their performers 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 design and submission of documents.

The list of documents defines the customer itself, but there is a main package that is necessary in any case. It includes:

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

Moreover, the customer may include an application to provide an application.. This suggests that the applicant must make a certain amount in advance that represents no more than 5% of the total amount of the contract.

Such actions are confirmed by the Contractor's intentions to fulfill the order. The listing of these funds confirms the payment order, which is provided for consideration with the package of documents.

This pledge holds if the participant decides to avoid performing this order after it is chosen as a performer. All applicants are returned by the amount invested by them after the competition will be completed. It also concerns those participants who prematurely withdrawn the application.

What types of tenders exist in which their features are concluded, as beginners to participate in them.

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

The word "tender" translated into Russian means "offer". However, before proceeding to transfer the existing species of these "proposals", it is necessary to clarify some details. In the legislative base of our country, the term "tender" is absent, the terms "Bidding", "Competition", "Auction" are used instead. Nevertheless, the Word came in business circles.

The tender is an event, during which the fulfillment of free competition is made by the selection of performers in order to purchase goods, services or works.

The peculiarity of all types of tapedore selections is that such events contribute to the conclusion of the contract for attractive conditions for the customer and the Contractor.

Table: Legislative base regulating the procedure for participation in tenders of state procurement and electronic trading

Name of the 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 holding all types of bidding (with the exception of those in which state and municipal authorities are involved).
FZ No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs"	This law regulates the organization and conduct of tenders in which the Customer are state and municipal authorities.
FZ № 223-ФЗ "On the procurement of goods, works, services with certain types of legal entities"	Regulates the procedure for conducting tenders for state corporations and companies, subjects of natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic and subsidiaries, in the authorized capital of which the share of the Russian Federation or the subject of the Russian Federation in the aggregate exceeds 50%.

The type of tender depends on the following factors:

from the purpose of holding (tenders for sale and tenders for procurement);
from the nature of the procedure conducted (competition, two-stage competition, auction, request for proposals, request quotes, competitive negotiations);
from the form of holding (open and closed tenders);
from the category of the customer (state and commercial tenders, procurement with certain legal entities);
from the type of documentation used (competitions are carried out on paper and in electronic form).

Table: specificity of the main types of tenders

Types of tenders	Features of the procedure
For sale and purchases	The view of the competition depends on the purpose of the organizer, that is, he intends to buy or implement anything. Thus, the participants of this procedure have opposite intentions (one side is the seller, the other - the buyer).
single-step and two-stage contest, auction, request for proposals request quotations competitive negotiations	The specifics of this classification is as follows: Competition. It is conducted in the case when it is understood to carry out a technical or organizational point of view of work. It is understood that performers with the appropriate occasion and qualifications will take part in the competition. If the tender is honest, he wins it (or IP), which expands the desire to fulfill the project at a high technical level and on the most attractive price for the organizer. A two-stage competition is organized if the customer is not able to immediately decide on some conditions of the project. At first (at the selection stage), he selects the most interesting suggestions for himself, then (in the second stage) determines whose conditions to it seem to be the most suitable. The auction is organized if the customer in the foreground is worth a cash factor. The auction participants voiced their conditions, and that of them wins, whose conditions or the price are more acceptable for the organizer. When requesting quotes, the customer analyzes the first proposals received from the tender participants. The victory won the party, in whose favor he will make a choice. When requesting proposals, the Customer analyzes the proposals received, evaluating not only the financial component, but also technical. Competitive negotiations. To negotiations are entitled to start all persons who meet the requirements of the requirements. This type of tender is considered the most transparent. In the negotiations are discussed all the nuances of the project, the possibilities of each performer are considered.
Open and closed	An open form gives a chance to take part in all interested. If the tender is closed, then invitations are sent only to a certain number of participants. The grounds for conducting a closed tender: the contract is associated with a commercial or state secret; the circle of participants is small in the sphere in which the tender is held; the cost of holding an open tender is not justified. Stopping your choice in favor of one of these forms of the tender, the customer should not go against legislative standards.
Public and commercial, procurement with certain legal entities	Features of this classification are as follows: State tenders. The organizer of such tenders is the state authority or public institution. The law strictly regulates the procedure for holding the competition - from the development of conditions for participation before the selection of applicants for the role of the Contractor. In addition, all the actions of the Organizer in this case are accountable: it cannot, at its own request, to change the established rules, expand the list of acquired material values \u200b\u200band services. Procurement with certain legal entities. These include public companies, corporations, monopolist organization, unitary enterprises of the federal and municipal level, autonomous institutions and some other legal entities. In this case, the Customer can already independently establish the conditions of the competition and identify the form of it (the law provides for two options - auction and competition, but the prohibition on the list current does not currently exist). Commercial tenders. These purchases that are conducted by commercial organizations in their rules not contrary to the Civil Code of the Russian Federation and 135-FZ, and using their own funds. The rules for conducting a tender, the requirements for persons who want to participate in them, the algorithm for determining the winner and other fineness of the tender in this case determines the customer itself, without the participation of the state. In addition, the organizer of the commercial tender has the right not to post the announcement of the preparation for the event in a unified information system.
Competitions in electronic form or on paper	Regardless of which the form is carried out in the tender, the organizers introduce special methods for controlling all incoming information (the use of EDS on the electronic platform, etc.). The conditions for participation in the tender in both electronic form and with the personal presence of the participant at an event with a paper package of documents are announced by the customer themselves. It should be borne in mind that they are united for each artist.

Each of the listed tenders is organized by its rules. The determining factor when choosing a method, what the performer will be installed is the will of the customer.

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