Government procurement for small and medium-sized businesses. Government procurement from small businesses: legal regime in detail. This is just a semblance of honest procurement, isn’t it?

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

What are tenders?

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

What does participation in competitions give? The winner is given the opportunity to receive a profitable large order, and if it is a start-up company, to make a name for itself in the market. Many people are put off by the rather complicated participation procedure, but anyone can figure it out. Of course, beginners often need help, practical guidance explaining what needs to be done and in what order. Have you decided to take part in tenders? The step-by-step instructions will come in handy.

Why is it beneficial?

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

It is not typical for small and medium-sized businesses to be active in bidding for government orders - there are many apparent difficulties. It does not take into account that the lion's share of municipal budgets these days is distributed, as a rule, through tenders.

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

Electronic auctions

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

Government orders are placed in different ways - in the form of a request for quotation, procurement from a single supplier (performer) or through bidding. The last method is the most common.

Nowadays, the majority of orders from the state are placed at electronic auctions; their share is over half of all auctions conducted. Such events are recognized as an effective means of combating corruption due to the anonymity of those involved, great competition and the availability (as they say, transparency) of all information.

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

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

First of all, a suitable auction must be “calculated”. To do this, you need to carefully read all notices about such events, regularly visiting the official website, which has nationwide status and publishes announcements about future auctions 7-20 days before a certain date, which serves as the last day for submitting applications. You must indicate your desire to take part in the selected tender during this period - later your application will no longer be accepted for consideration.

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

What is needed to participate in tenders

Next, you should obtain an electronic digital signature (abbreviated as EDS). It is purchased from one of the special certification centers accredited on the electronic platform you have chosen. The process of receiving it will take several business days (2 or 3). The signature gives legal status to the electronic document and records the financial responsibility of the participant.

But digital signature alone does not guarantee that you will take part in tenders. The step-by-step instructions also contain the concept of accreditation. That is, in order to participate in auctions held by a particular platform, you must be accredited to it. Each of the five sites has its own accreditation. To do this, a special form is filled out on the site’s website along with an application to open an account. A number of documents are attached. Which ones? We are talking about an extract from the Unified State Register of Legal Entities (if you are an individual entrepreneur, an extract from the Unified State Register of Individual Entrepreneurs), a power of attorney giving the right to participate in these auctions, a document appointing a manager (decision or protocol) with the seal of the organization, a scan of a card with the company’s details.

Further actions

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

Having successfully passed accreditation, you will receive a “Personal Account” from which you will conduct all further actions.

The next mandatory step is to top up your own account on the trading platform as a guarantee of participation in trading. The amount is fixed - for small entrepreneurs it is usually 2% of the initial order amount (its maximum). In other cases we are talking about five percent. You can get your money back after the account is unblocked (at the end of the auction).

Submit applications

The participant can now submit an application. You need to approach its preparation extremely responsibly, having first carefully studied all the auction documentation. The first part, anonymous, consists of confirming the participant’s consent to supply the desired product (service) with a detailed description. Its second part contains detailed information about the participant with the attachment of all supporting certificates and licenses.

In addition to the application of the established form, the application for participation in the tender must include the fullest possible volume of estimate and calculation documents, which shows in tabular form the cost of materials or services together with VAT at the time of bidding, detailed explanations of additional costs (transport, design and survey, etc.) , as well as taxes.

Things to remember

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

When the deadline for submitting applications has expired, the customer reviews their first parts, the results of the review are formalized in the form of a protocol, which the site operator must convey to all participants within the prescribed period. This way you will know whether you are admitted to trading or not.

A little about the process itself

What are the main points you need to know when planning to participate in tenders? The step-by-step instructions say that in the bidding process itself, two concepts are most important - the auction step and the time remaining until its completion. The first indicator is strictly fixed - it is 0.5% of the maximum initial price (as the law says). The transition to the next step occurs at intervals of 10 minutes, during which the participant must decide whether to offer a lower price or not.

Participants are prohibited from submitting proposals with a price greater than or equal to that previously proposed. Zero-price offers are also prohibited. It is also impossible to lower the price by more than a step (below the current minimum offer) in advance.

Completion of trades

If the last bid offered was the lowest (within ten minutes no more advantageous offers were received), the auction is completed. A protocol with results is automatically generated almost instantly; each participant appears in it only under an assigned number.

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

What's next?

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

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

The choice of tenders should be made wisely, without trying to cover all offers. If you fail, you shouldn’t be upset - after all, you have gained serious business experience.

What is typical for commercial trading?

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

Thus, commercial tenders are mostly conducted similarly to government tenders. The difference lies only in the strict regulation of the latter by law. The form of private tenders is freer, and they are focused on the documentation of the customer companies themselves.

There is no single and universal law on which the organization of participation in tenders of this type is based due to the huge variety of individual areas of business, each of which has its own specifics.

Construction tenders

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

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

Do not forget that the submitted application must have monetary support. If there is no available amount in the company’s accounts, it has the right to use a tender loan.

The Public Procurement Law has been in force for more than 10 years. However, many entrepreneurs are hesitant to apply for participation in competitions and auctions. These are unjustified fears. The demands of organizations are very diverse, and the volumes of supplies, taking into account the total focus on savings, are quite affordable for small businesses.

Many entrepreneurs successfully build a business on government procurement, but there are also many who consider the system of placing orders to be too complicated. He simply does not believe in the real possibility of getting a “piece of the state pie” - and in vain. Despite all its shortcomings, it is more transparent than many other commercial schemes, and you can master it if you wish. At the end of the article we will provide an interview with the owner of the MP, whose revenue is 80% provided by government contracts.

Government procurement and government orders, regulatory documents

Main regulatory documents:

1. No. 44-FZ dated 04/05/2013 - “Law on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
2. No. 223-FZ dated July 18, 2011 - “On the procurement of goods, works, services by certain types of legal entities.”

All applicants for receiving a state or municipal order for the supply of goods, provision of services or performance of work are equal before the law. This is the essence of the current rules that govern the conclusion of such agreements.

The customers of services and goods in the system are state and municipal:

1. executive agencies;
2. companies, corporations, natural monopolies (for example, Gazprom);
3. autonomous, unitary enterprises; budgetary institutions;
4. enterprises providing water, gas, heat supplies;
5. organizations with a share of state and municipal participation of more than 50%.

A supplier can be a legal entity of any form of ownership, an individual entrepreneur - regardless of location or registration (since 2015 - with the exception of those registered in offshore zones). Customers are required to use competitive methods for selecting performers (Fig. 1). The participant who offers the lowest price and the best conditions wins. The government procurement rules for small and medium-sized businesses establish significant benefits, which we will discuss below.

General requirements for suppliers of goods and service providers:

1. compliance with legal requirements and restrictions;
2. absence of suspension, bankruptcy, liquidation;
3. tax debt is no more than 25% of the value of assets.

The entire procurement process, from drawing up plans to identifying suppliers and signing a contract, is carried out in the Unified Information System - UIS (www.zakupki.gov.ru). To be fair, it should be noted that customers complain about its complexity even more than business representatives. The requirements for them are strict, and such sanctions are established for violating the order that the expression “fine on credit” has appeared among civil service employees.

In 2015, the FAS of Russia initiated 22,063 cases under the Code of Administrative Offenses for violations of Law No. 44-FZ, issued 18,966 fines, and collected 158.3 million rubles. Of these, 6,425 cases were for approval of procurement documentation that does not meet the requirements (5,469 fines); 5,237 - for violation of the procedure for selecting suppliers (3,452 fines). Data from the report of the Ministry of Economic Development.

How the work of the EIS is organized

Now the EIS operates exclusively as a technical system, performing functions such as:

1. formation, processing and storage of data on government orders;
2. providing access to suppliers to submit applications;
3. ensuring the exchange of electronic documents with digital signature.

Starting from 2017, it will perform control functions: check whether the procurement plan corresponds to the volume of allocated government funding, and the terms of the concluded contract - the documentation for the application and protocols. Government customers will be required to carry out purchases strictly according to schedule.

What information does the customer provide?

When making a specific purchase, he must enter the following information, including all subsequent changes:

1. notice of purchase;
2. documentation, explanations;
3. draft agreement.

The period for making changes is 15 days, and when significant conditions change during the conclusion of the contract and during its execution: price, terms, volumes - 10 days. The information is kept up to date.

An example of searching for information about placed contracts

By opening the main page of the government procurement website (Fig. 2), by clicking the “Suppliers” button, you can view the full register of placed orders and purchases. Below on the right there is access to a list intended only for small businesses.

As an example, here are the search results for several randomly selected queries:

1. stationery - 5200;
2. spare parts for cars - 3;
3. medical supplies - 43;
4. repairs - 800,000;
5. audit services - 243;
6. refilling cartridges - 192;
7. furniture - 74,000;
8. repair of copying equipment - 703;
9. IT services - 793;
10. household goods - 2700;
11. detergents - 3600;
12. tools - 7600.

By selecting, for example, a specific order from the register - government procurement for small businesses, you can view full information about the conditions by clicking on the application number (Fig. 3).

Preferences for small and medium-sized businesses

The participation of small businesses in government procurement is regulated by Article 30 of Law No. 44-FZ. It sets the minimum share for SMEs and SONPOs at 15% of the total aggregate annual procurement volume. At the same time, they can enter any auctions and competitions, including closed ones and with limited participation, if they have a license or permit for a certain type of activity.

The customer can select applicants from among SMEs in two ways (No. 44-FZ):

1. limit applicants directly in the notice, while the initial (aka maximum) contract price should not be more than 20 million rubles (part 3 of article 30, clause 4 of article 42).
2. establish a requirement for a participant (anyone) to involve SMEs as a subcontractor, indicating the volume of participation as a percentage of the total cost; then the restrictions do not apply (Part 6, Article 30).

An enterprise or individual entrepreneur must comply with the conditions of Article 4, No. 209-FZ, July 24, 2007. Until August 1, 2016, the law is applied in the old version. After this date, all NSR subjects will be included in a single register, which will be posted on the official website of the Federal Tax Service. This will allow customers to receive reliable information about the supplier. Currently, the participant submitting the application provides only a declaration of conformity with the SMP.

According to the report of the Ministry of Economic Development, in 2015, 15% of the quota for participants - representatives of small and medium-sized businesses was fulfilled. Representatives of this segment received about 490 billion rubles from the budget only under direct contracts (without subcontracting). The head of the department himself (interview with the Kommersant newspaper) considers the figure to be overestimated, but according to him, it is no less than 400 billion rubles (Fig. 4).

The total number of applications in 2015 is 10% more than in 2014, and the average number of applicants for one order worth up to 10 million rubles increased from 2.6 to 3.5. The predominant method of determining the supplier (performer) is electronic auctions (56.6%).

Selection procedure for an electronic auction (EA)

The procedure for conducting EC is regulated by Articles 59 -71 of Law No. 44-FZ. When the customer selects using this method, the notice must include the following information:

1. Internet address of the electronic platform;
2. deadline until which applications are accepted;
3. date of the auction;
4. size and form of participation provision;
5. restrictions on participants (SMP, subcontracting);
6. conditions for the admission of foreign goods.

Currently there are 5 electronic platforms: Sberbank-AST CJSC (www.sberbank-ast.ru), Unified Electronic Trading Platform JSC (www.roseltorg.ru), State Unitary Enterprise State Order Agency (www.zakazrf. ru), ZAO Electronic Trading Systems (www.etp-micex.ru), LLC RTS-Tender. Below are three diagrams that clearly depict the process of conducting such auctions.

What do you need to take part in the auction?

Participation in the EU is free, but in order to have access to the auction, you must obtain accreditation at a specific site. To do this, the operator is sent a package of documents in electronic form, signed with an electronic digital signature (a separate one is required for each):

1. standard form application;
2. extract from the State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs;
3. a copy of the participant’s (individual) passport;
4. copies of decisions, orders for the person receiving accreditation on behalf of the company;
5. constituent documents of a legal entity (copies);
6. TIN, email address;
7. a document confirming the authority of the manager;
8. decision on the right to carry out major transactions (if required).

To understand in more detail how the government procurement business works, here are interviews with real bidders.

Interview with Galina Mishina, LLC “KTsLR “Protex-Garant”, Novokuznetsk

Brief information. The Kuzbass Treatment and Rehabilitation Center has been operating since 1992. In all respects it corresponds to SMEs, the number of employees is 39 people. The main direction: the production of technical equipment for disabled children: supports, tables, chairs, as well as orthopedic products and devices for the development of fine motor skills.

Since a significant part of such equipment is purchased through the Social Insurance Fund (SIF), the company is actively involved in government procurement. Galina Borisovna answered several of our questions.

Hello, Galina. Please tell me what share of your business is government procurement? How long have you been working at EIS?

Government orders under contracts with customers account for 80-90% of all activities. The exact figure depends on the capabilities of the enterprise and federal funding for social programs. We have been working with them for a long time, from the day they were founded. Before the EIS, we also worked, but through paper media, which was very inconvenient and unreliable.

How is the work organized, how many people are involved in searching for orders? What are the main problems?

The work of drawing up an application (technical proposal) and submitting it to the site, participating in an auction (or quotation), as well as checking and signing a contract is carried out by specialists from the commercial department under the supervision of a lawyer. There are 4 people in the department, all of them have legal or economic education. Each specialist is assigned to certain regions of the country with which we work under government contracts. There are no particular problems with accreditation and application submission.

Who are your customers? Do prices differ greatly? Approximately how many competitors do you have?

The customers are branches of the Social Insurance Fund in the regions, ministries to which the authority of the Social Insurance Fund has been transferred to provide means of rehabilitation for children. They set prices themselves based on 44-FZ. Sometimes the starting price is equal to the cost of products and delivery to the location. In this case, we decide not to participate in the auction. If the price is acceptable, then we calculate to what price we can fall. Of course, there are competitors. Sometimes we ourselves are surprised when we see on the list those companies that purchase equipment from us.

Is it difficult to work with government agencies? How do they meet payment deadlines? Are there frequent lawsuits?

There are always problems, but not regarding payment, but regarding other issues. There are those who do not understand that the products are made for disabled children, and no two are the same. If they are approached in a targeted manner, taking into account all individual characteristics, then this gives a rehabilitation effect. Documentation correctly drawn up by the customer is a half-fulfilled contract; when everything is clear: what, to whom and what product. However, some of them consist of four-line technical specifications and do not take into account the various pathologies of sick children. Most often there are problems with them. The child needs something other than what is specified in the terms of reference, the recipient asks to change it, but we do not have the right under the contract. But the customer doesn’t care. This is where the pre-trial correspondence begins. There are few ships, but there are some.

Do you think individual entrepreneurs and small businesses can participate in government procurement? Do small businesses have real chances?

Enterprises should take part in auctions, this is the future. However, if the form of ownership is an individual entrepreneur, then one must remember that if delivery deadlines are violated, large fines will be imposed, and the individual entrepreneur (unlike an LLC) is liable with all of its property. Therefore, before submitting an application, you must first study the Supplier's Responsibilities in the draft contract, which is attached to the documentation. If everything is in order, then go ahead!

To sum it up.

When selecting suppliers for government procurement, small and medium-sized businesses have legitimate advantages. Taking into account the solvency of the counterparty, entrepreneurs can plan their activities and reduce risks. Technically, mastering the procedure is no more difficult than the services of the Federal Tax Service and the Pension Fund. Of course, any competitions and auctions have their “tricks”, but this is a matter of experience. It is hardly worth resorting to the help of intermediaries offering services for searching for government orders; it is more practical to master the skills of working with the Unified Information System and electronic platforms yourself.

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

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

Leveraging this relationship benefits both parties. The state gets the highest quality performers.

Business is a monetary reward for the work done and the opportunity to constantly improve your services due to quite serious competition. Any legal entity or individual can act as a participant in such auctions.

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

Methods of conducting public procurement

The government procurement market is divided into the following types:

• Public procurement through auctions

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

• Competition basis

1. Closed
2. Open

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

Closed and open auctions differ only in that the bids of the remaining participants are unknown to the auctioneers. They are served in special envelopes; in open auctions, everything happens the other way around. All applications are made known to participants.

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

The winner who provides the most favorable conditions is determined by the commission. The competition is considered invalid if only one application is submitted. If negotiations with the winner reach a dead end, preference is given to the next most attractive candidate.

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

Pros and cons of government orders

Any field of activity has its positive and negative aspects, and if you use the first to the maximum and are not afraid of the second, then the road to the top can be not only successful, but also bring pleasure. Let's understand all the pitfalls of the business we have chosen.

The undoubted advantages of working with government orders include the fact that force majeure situations and risks when working with the government are minimized. This is achieved through the most transparent system of spending funds and all procedures performed. Another positive aspect is the transparency of the procedures being carried out.

It also plays a big role that the state is trying to actively help and expand the boundaries in this industry, since by giving orders to third-party companies and stimulating their growth, it also strengthens economic stability and creates a healthy atmosphere within the country.

Unfortunately, ideals do not exist, and each system has its disadvantages. The same thing happens in the government procurement market. Most enterprises offering innovative products, despite all the promise of their services, find it quite difficult to get through to receiving worthwhile orders.

In most cases, the government tries to choose proven products and services. Although recently the situation in this direction has been changing for the better.

The level of bidding and the availability of competent specialists in this field also remains the best for now. This leads to the problem of the inability to control the quality of procurement, which forces us to evaluate the quality of the services provided already during operation.

Due to the prospects of this type of activity in the market, cases of fraud, the emergence of criminal groups on the market and the practice of “kickbacks” for receiving particularly profitable orders are becoming more frequent.

How and by what are public procurements regulated?

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

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

All laws help strictly regulate the order of implementation and methods of procurement activities. Information about procurement, answers to questions from participants and changes are freely available.

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

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

Step-by-step instructions for participating in government procurement

Let's figure out step by step how we can start our own business and what we should do first. In the 21st century, the most promising option will be to work with electronic resources.

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

• Obtaining an electronic digital signature. According to the legislation of many countries, including the Russian Federation, an electronic digital signature is equal to the usual signature of a director. Accordingly, it is necessary when using the Internet. – read the instructions at the link.
• To gain access to tenders, an entrepreneur must also go through the accreditation procedure. You need to fill out a registration form, submit constituent documents (charter, power of attorney to participate in the auction, extract from the state register).
• Decide on the platform on which the entrepreneur is going to look for his orders. Her choice is a matter of taste and the only important thing is accreditation.

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

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

Useful rules for beginners

From the above, we can conclude that, if desired, small and medium-sized businesses have extensive earning opportunities. And if certain conditions are met, the probability of a successful start can be significantly increased. To do this, you need to draw up a business plan that will greatly facilitate the gradual development of your business.

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

If the customer sets a price lower than the market price, you need to be more careful with him. This may indicate that he is not conscientious. You should not ignore people’s reviews about a particular customer and, if possible, study them as carefully as possible.

It will be useful to attend seminars and training events conducted by more experienced players who are willing to share their experience. This will help you avoid many small troubles that may come your way.

What kind of support does the state provide for small and medium-sized businesses and what sources exist - read the link.

In times of financial crisis, public procurement is one of the few saving opportunities for private business. This is an opportunity not only to stay afloat, but also to get help for active development. Some experts express the opinion that with the introduction of Federal Law-44, government orders for small businesses have become practically inaccessible.

How the system works

Declaring support for small businesses, the Government of the Russian Federation could not help but consolidate the legal basis for such support in state legislative acts.

In the field of public procurement, such support is reflected in the provisions of the Law on the Contract System, which oblige government customers to give 15% of the monetary volume of all orders to small businesses. The implementation of these indicators is monitored through the mechanism of posting relevant reports on the government procurement website.

As such, government agencies do not bear responsibility for failure to comply with this norm, but, according to official regulatory authorities, low efficiency indicators for attracting small businesses to government orders negatively affect the assessment of the performance of managers of government agencies.

Thus, when planning its procurement activities for the next year, the state customer still allocates the required percentage of government orders to small businesses, and the main task of small businesses is to receive this order.

Where to start

Entrepreneurs who have already gone through all stages of participation in procurement tenders and have a certain number of defeats and victories along the way are advised to start with training. Each municipal entity (city, district or regional center, etc.) has consulting and information structures for working with government orders.

A small business representative who wants to expand the market for their products by receiving orders from government or municipal structures has two options to start working in the field of public procurement:

1. Hire a certified specialist who will participate in tenders in the interests of the businessman.
2. Learn on your own or train one of your employees in the rules of working with electronic tenders.

The main advantage of the first path is the opportunity to immediately start with your offers on the exchange. There are two main disadvantages:

• high cost of services of a certified specialist;
• lack of prospects for independent participation in tenders (you cannot count on a specialist to train one of the employees).

If we talk about the second way, then it has only one drawback: a novice businessman will need some period (possibly long) to master the necessary intricacies of participating in procurement tenders.

A temporary delay in receiving real orders is a serious negative point. But, if an entrepreneur decides to take such a deferral, the knowledge and skills that he will acquire by understanding the science of working with government orders will open up a new long-term perspective for him to develop his own business.

Where and what to study

Today, there are several opportunities for small businesses to gain basic knowledge in the field of participation in procurement tenders:

• government courses at small business support centers (two- or three-day seminars provide a general overview of government procurement and prepare the student for more specialized knowledge);
• paid courses taught by lecturers who are professional bidders from both suppliers and customers;
• paid and free webinars.

Each of these forms of training has its own disadvantages and advantages. Therefore, during the training period, it is recommended to use all sources of information to obtain the necessary tools that will make it possible to start making money on government procurement as quickly and efficiently as possible.

If we talk about what an entrepreneur can learn by undergoing training, then this is first of all:

• the procedure for preparing documents to obtain an electronic signature and mastering the rules for using an electronic digital signature in your daily activities;
• procedure for accreditation on electronic procurement resources;
• search for promising tenders;
• nuances of studying the customer’s technical documentation;
• preparation of proposals for participation in tenders;
• execution of contracts;
• challenging customer decisions in the Federal Antimonopoly Service.

Each item of the presented program is considered taking into account those features that are inherent in representatives of small and medium-sized businesses.

Specifics of participation of small businesses

The main features of procurement by small businesses lie in the area of ​​financial and documentary support for participation in public procurement.

While a large enterprise can afford to buy software, pay deposits to bid and perform work, or sell products in advance, for smaller companies all these financial risks can result in complete failure.

By the way, this is one of the main reasons why representatives of small and medium-sized businesses are in no hurry to get involved with the public procurement system.

What financial expenses will an entrepreneur have to bear if he decides to receive a government order:

1. From 10 to 15 thousand rubles must be spent on purchasing an EDS (electronic digital signature) and software for it.
2. Equip the PC operator workplace according to modern standards.
3. To participate in electronic auctions, the supplier must provide monetary security, the amount of which is determined by the customer (from 0.5% to 5% of the contract amount); participation in the competition is ensured by a bank guarantee. If the participating supplier does not win the auction, the contribution must be returned to him within 5 working days from the date of announcement of the auction winner.
4. The customer makes payments for work performed or goods supplied only after the supplier has fully complied with the terms of the contract. In fact, entrepreneurs fulfill the contract for their own money, expecting that the state or municipal customer will return this money.

During the training process, small business representatives receive information on how to assess the level of benefits from participating in tender procurement, how to identify problem customers and how to defend their rights if they have been violated.

1.1.Types of tenders.

1.2 What documents are required to participate in the tender.

1.3 Rules for participation in tenders.

2. The difference between government procurement and tender.

1. Is it possible for an individual entrepreneur to participate in tenders?

What is a tender

Tender - translated from English tender - bargaining, competition. In Russian legislation, according to entrepreneurs involved, in principle there is no such concept, but everyone has long been accustomed to this name for purchasing certain goods. That is, a “tender” is an event that is held with the aim of attracting more suppliers of a particular product and selecting a more suitable contractor to complete the assigned tasks.

Today, there are trading platforms on which customers place their orders, and performers, accordingly, place their lucrative offers. You can easily find a list of trading platforms where any organization, company or enterprise can participate in tenders:

There are also platforms where public auctions are carried out. Which one to choose depends on the type of your activity. We also bring to your attention a list of the TOP 20 tender sites in the Russian Federation that use enhanced qualified electronic signatures:

• http://fedresurs.ru
• http://eais.rkn.gov.ru
• http://fips.ru
• http://gisee.ru
• http://akot-info.rosmintrud.ru

Types of tenders

A construction tender is work related to the construction of buildings and structures, but not to their major or current repairs. First of all, the performer needs to know this. The organization must have extensive experience in the construction of buildings and capital, and can also take. There are some rules on how to participate in a construction tender so as not to fall for a dishonest customer.

• property liability;
• IP cannot be sold. Your rating increased due to participation in tenders will not affect the alienation of the enterprise in any way.

That is, before taking part in the tender as a supplier, you should soberly assess your capabilities in all directions, and also look at our website.

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