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How to successfully participate in tenders: 5 rules for entrepreneurs

Artur Kurbanov talks about five rules for entrepreneurs who want to participate in the tender procurement system: from the recommendation to carefully study the customer’s documents and technical specifications to purely utilitarian ones, such as opening a special Bank account
If you have decided to expand the market for your products or services by participating in tender procedures, following the current trend, then you need to know a few important nuances that will help you act more effectively and avoid stupid and sometimes fatal mistakes.

First of all, you need to know that state and commercial purchases are regulated by two laws: according to law 44-FZ, state and municipal customers conduct purchases at the expense of budget funds, and according to law 223-FZ, certain types of commercial organizations, unitary enterprises and budgetary institutions use their own funds.

The law 44-FZ is more transparent, since it establishes a single procedure for conducting purchases for all customers, equal requirements for participants, and a higher level of responsibility for violations committed by customers.

And law 223-FZ defines only General conditions and grants customers the right to conduct most purchases according to their own rules set out in the procurement regulations, which often leads to excessive requirements for participants.

However, despite the existing difficulties and insufficient transparency of the procurement system, there are certain rules that can be followed to minimize negative emotions from participating in public and corporate procurement, as well as to avoid unnecessary financial losses.

Rule # 1: read the following Carefully!

Carefully study all the documents that the customer has placed, first of all the terms of reference and the draft contract, since these documents specify all the main conditions: price, terms of execution and payment, estimates, guarantees, and liability. Often, the customer makes mistakes in technical documents, which are fatal for the contractor, since they do not allow performing the work provided for in the contract. And if the participant viewed these errors, then after the conclusion of the contract, this may entail significant losses for him.

Real situation:

Rule # 2: Prepare a high-quality application!

It is the correctness of the application that affects its admission to further consideration for the participant’s proposals contained in it. Therefore, you must clearly follow all the instructions in the procurement documentation and not deviate from them one step, no matter how strange, ridiculous and illogical they may seem. If there are any serious contradictions and discrepancies (this also happens: one thing is written in the technical task, 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 will not be able to reject, do not forget the first rule!

Rule # 3: Learn the laws!

It depends on whether you can evaluate the correctness of the customer’s actions and prevent injustice to yourself. For example, you should know in which format and in what terms should include documentation of what information it should contain, how to participate in this or that procedure, in what order, and what criteria should be assessed the application in terms of what must be agreement.

Real situation:

It is important that when conducting purchases under law No. 44-FZ, in most cases, the provision of applications and contract performance is established. Therefore, in order not to get into the Register of unscrupulous suppliers, it is necessary to make sure in advance that you can provide the necessary security for the conclusion of the contract.

Rule # 4: Get a strong electronic signature at the certification center!

Currently, purchases under law No. 44-FZ, as well as an increasing number of purchases under law No. 223-FZ, are conducted in electronic form on electronic platforms. At the same time, all purchases under law No. 44-FZ, as well as purchases under law No. 223-FZ among small and medium-sized businesses are carried out at selected Federal sites, for accreditation, which must be registered in the Unified information system.

Other purchases in accordance with law No. 223-FZ can be made on any other electronic platforms, where accreditation is required in accordance with the regulations of a particular site.

Rule # 5: Open a special account!

When participating in tenders and auctions law No. 44-FZ, as well as electronic procedures, the participants of which in accordance with the law No. 223-FZ can be only the subjects of small and average business, a bid security in the form of cash paid to the special accounts opened in banks are specified by the decree of the RF Government dated July 13, 2018 No. 1451-R.

In the next article, we will tell you what actions of the customer can be a reason to appeal the purchase to the Federal Antimonopoly service, what tricks customers use to “cut off” unnecessary participants, and how, despite these tricks, to receive orders.

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