How to successfully participate in tenders: 5 rules for entrepreneurs
Arthur Kurbanov talks about five rules for entrepreneurs who want to participate in the tender procurement system: from recommendations to carefully study customer documents and terms of reference to purely utilitarian ones, for example, about opening a special bank account
If you decide, following the current trend today, to expand the market for products you supply or work performed and services provided through participation in tender procedures, then you need to know some important nuances that will help you act more efficiently and avoid stupid, and sometimes – fatal errors.
First of all, you need to know that state and commercial purchases are regulated today by two laws: according to the law 44-ФЗ, state and municipal customers conduct purchases at the expense of budgetary funds, according to the law 223-ФЗ, certain types of commercial organizations are financed at their own expense, unitary enterprises and budgetary institutions.
Law 44-FZ is more transparent, as it establishes a uniform procurement procedure for all customers, equal requirements for participants and a higher level of responsibility for violations committed by customers.
And the law 223-ФЗ defines only general conditions and gives customers the right to conduct the majority of purchases according to their own rules established in the procurement regulation, which often entails excessive requirements for participants.
But, despite the existing difficulties and insufficient transparency of the procurement system, there are certain rules that adhere to which you can minimize negative emotions from participation in state and corporate procurements, as well as avoid unnecessary financial losses.
Rule number 1: Read carefully!
Carefully study all the documents that the customer has posted, first of all the technical specifications and the draft contract, since it is in these documents that all the basic conditions are indicated: price, terms of execution and payment, estimates, guarantees, responsibility. Often, the customer makes mistakes in technical documents that are fatal for the contractor, as they do not allow him to perform the work stipulated by the contract. And if the participant looked at these errors, then after the conclusion of the contract this can entail significant losses for him.
The real situation:
Rule number 2: Prepare a quality application!
It is the correctness of the registration of the application that affects its admission to further consideration for the subject of the participant’s proposals contained in it. Therefore, you must clearly follow all the instructions of the procurement documentation and not step back from them a single step, no matter how strange, ridiculous and illogical they may seem. If there are any serious contradictions and discrepancies (this also happens: one is written in the terms of reference, another in the contract), send the customer requests for clarification of the documentation in accordance with the procedure specified in it.
And in order not to miss such contradictions and prepare an application that the customer, with all desire, cannot reject, do not forget the first rule!
Rule number 3: Learn the laws!
It depends on whether you can assess the correctness of the customer’s actions and prevent injustice in relation to yourself. For example, you should know in what format and in what terms documentation should be placed, what information should be contained in it, how to participate in a particular procedure, in what order and by what criteria applications should be evaluated, in what terms an agreement should be concluded.
The real situation:
It is important that when conducting procurement under Law No. 44-FZ in most cases, the provision of applications and the execution of the contract are established. Therefore, in order not to get into the Register of dishonest suppliers, you must make sure in advance that you will be able to provide the necessary execution for the conclusion of the contract.
Rule number 4: Get an enhanced electronic signature in the certification center!
Currently, procurement under Law No. 44-FZ, as well as an increasing number of purchases under Law No. 223-FZ, are carried out in electronic form on electronic sites. Moreover, all purchases under Law No. 44-FZ, as well as purchases under Law No. 223-FZ among small and medium-sized enterprises, are carried out at selected federal sites, for which accreditation it is necessary to register in the Unified Information System.
Other purchases in accordance with Law No. 223-ФЗ can be carried out at any other electronic sites, accreditation of which must be done in accordance with the regulations of a particular site.
Rule number 5: Open a special account!
When participating in tenders and auctions in accordance with Law No. 44-ФЗ, as well as in electronic procedures, in accordance with Law No. 223-ФЗ only small and medium-sized enterprises can participate in it, security for applications in the form of funds is entered into special accounts opened in banks, the list of which is established by order of the Government of the Russian Federation of July 13, 2018 No. 1451-r.
In the next article we will tell you what actions the customer may have to appeal against the procurement at the Federal Antimonopoly Service, what tricks customers resort to “cut off” unnecessary participants, and how, despite these tricks, to receive orders.