In this article we will become familiar with the concept of tender. How is the word spelled correctly, what does it represent, what meaning does it have and what phenomenon is it considered to be the name of? The reader can find out this and much more here.
Introduction
Tender - what is it? This term does not have a clear interpretation in the current legal acts of the Russian Federation, therefore, it is deprived of a comprehensive description of the concept of a tender application, commission and documentation. In accordance with the instructions of legislative bodies, this word is used in the sense of competition. Despite this, the Russian business world uses the first version of the word more often than the second. In this regard, both concepts will appear in the article.
The word "tender" came to us from English speech and was used to refer to the processes of bidding and competitions.
Variety
The following types of competitions include:
- Open type.
- Closed type.
- Specialized type.
- Two-step procedures.
- Request for quotation.
- Purchasing from a single source.
The word "tender" is translated as "offer". There are many other forms of its translation, which depend on the area of their application. If we talk specifically about the trade craft, then the tender is the main form by which government procurement is carried out.
The winners of the competition for the ownership of the tender have the right to sign a contract that has national significance. To do this, the terms of the contract must comply with the requirements for tender documents. The competition is divided into two components: closed and open stages. Any supplier can participate in the second type of process.
Regardless of the translation of the word "tender", the form of its writing is the same. The word can also indicate a boat, a characteristic of a person, etc.
Classification according to participants
What is a tender, and how can it be classified? A tender is a special form of bidding that is classified according to a set of specific principles. One example is the type of person involved. The tender may be closed, open type and with restrictions on participation.
Permissible change in competition requirement
When answering the question about what a tender is, it is important to mention that there are differences in this process according to the number of stages. This allows us to distinguish one-stage and two-stage competitions, which are another way of classification constituent elements of this term.
Tolerance differences
The meaning of the word “tender” includes the concept of general and preliminary qualification selection.
Documents confirming the ability of subjects to participate in such a competition are prepared in advance by the supplier himself and then reviewed by the customers who organized the tender. In case of non-compliance with the clause describing the deadlines for submitting applications, the request may be subject to rejection.
The customer has the right to request, in addition to the original competitive bid, several copies of the contract, which is necessary to preserve the documentation and will allow several members of the commission to work with the papers at once.
When sealing, two options can be used in relation to copies. In the first case, the copies and the original can be in the same envelope or placed in different ones. If you use the second option, you will need to make appropriate notes on the pages of the logbook.
Most bidding procedures involve a specific way of filing and sealing your bid and must be included in specific documentation to confirm your eligibility to bid.
Participation in tenders includes specific wording in the list of entities entitled to attend. These groups of people include the competition commission that accepts applications and people representing the interests of the supplier.
Closed tender
If we talk in simple words What is this - a tender? It can be summarized that this is a form of bidding. A procedure that has many features that allow it to be classified into a number of types.
There is a concept of a closed tender, which has many common features with open. The difference lies in the choice of the individuals involved. IN open form Each company has the right to vote after submitting and accepting an application. Closed tender procedures are not disclosed to the public, and requests for participation are sent only to a certain, limited circle of people.
Among the main reasons, one can highlight the presence of appropriate qualifications that suit the needs and interests of the customer, the special purpose of the product and too a large number of existing applications, in comparison with the cost of the purchased goods.
Procedures accompanying closed tenders
From the fact that it is a closed tender, a certain number of procedures are provided that are provided for by the basic provisions on the conduct of these events.
It is well known that the right to participate in closed competitions belongs only to specially invited suppliers. These types of purchases include a number of products that have a special purpose and specific nature. The total purchase volume is in most cases quite small. The last reason makes it impossible to carry out procedures over long periods of time.
Products purchased by special companies must be inspected by representative government bodies. This procedure arose due to the fact that representatives of such authorities need to assess the need for it.
Open form
What does the word “tender” mean in relation to an open form of conduct? It provides for the right to participate, which is consistent with legislative guidelines, to all suppliers who responded to the notice announcing the start of the competition.
Such information is most often posted in specially designated publications, for example, in Internet resources and the media. The event is carried out by a special customer or an authorized person. Papers on tender documentation are the most important components of the contract between two or more persons participating in the tender. They contain information about the schedule of the procedure.
There is a special form in accordance with which the application must be filled out. The tender will be canceled if only one application was submitted.
Quote concept
The word "tender" includes another concept called quotation. It is associated with serial type products. The request, in the majority of cases, is made to three or more companies. The choice of the company that will supply the products is done by comparing prices.
The mechanics of creating a request for quotation are very economical and quickly compiled. One supplier has the right to submit a single price quote and cannot influence this.
The process of drawing up a quotation protocol includes the requirement to attach certain documents. The size of the purchase determines the effectiveness of the influence of requests. The larger it is, the less rights the quote has. The procedures associated with requesting quotes begin with their distribution and continue until the issue of the cost of the goods is resolved.
Historical data
The lexical meaning of the word “tender” has many meanings today. In addition to the procurement process discussed in this article, it can refer to a fuel car or a sailboat. The translation of the word "tender" has many meanings, including im. nouns (sentence) and adjectives (tender, loving, soft, etc.).
These procedures have been known to the world community since ancient times. On the territory of the Russian Federation, a semblance of a tender appeared only in the eighteenth century, during the reign of Peter the Great.
For a long time, due to restructuring and other factors, the concept of tender was absent. Many years passed before the bargaining died down, and the procedure discussed in the article returned to replace it. It was only in the eighties that the construction industry began to exploit contract bidding, which marked the beginning of a new development of this process in Russia. However, the tender began to actively develop only in the nineties.
After the victory in World War II, special legislative bodies created the structure of the competition. This was a means to combat corruption. For example, in 1946, a large amount of money was allocated to repair German cities that had been plundered by converting them into bribes for American officials.
A synonym for the word “tender” can be words such as bidding, competition, and also include yacht, cutter and screed.
Two-stage tender
There is a tender phenomenon consisting of two stages. Its procedures begin with the attraction of a number of applications for participation in the competition. The customer sends individual invitations to various suppliers, inviting them to attend a special competition for the purchase of certain products. Next, the supplier must be asked to provide the customer with a set of tender documents.
The organizers are preparing the initial competitive applications. They are then sent to customers, who have the right to ask a number of questions that require answers regarding the procedure being carried out, and the supplier, in turn, corrects certain provisions. After receiving the application and its registration, the customer must issue receipts.
The concept of a request
Request for proposal is the main method of procurement. The use of this procedure can be used in cases where the customer has information about the purposes of the purchase and its purpose. Sometimes it is difficult for the customer to get a general picture of the purpose of the proposed product or service, and he can find out about this in more detail from the supplier.
A request for proposal can only be used in an open tender where all applications have been rejected. Most often this is a problem caused by a poor method of attracting suppliers.
As a rule, customers mention in their requests a desire to find out general results and information about the product, service or work to be offered. The request form has several states depending on the specific information part.
Such data includes information about the customer, a general set of requirements for various parameters of the purchased product, which must also be met by the supplier himself. Here you can also find a list of criteria according to which proposals are evaluated, requirements for the preparation of important documents are determined, and the timing, place and form of holding this event are also considered.
Organization
When organizing tenders, some mistakes are often made that are not given due attention, which leads to the complication of the tender procedure or its cancellation altogether.
One of the most famous mistakes is the creation of tenders based on the proposal of a specific entity supplying the product. This leads to errors and incorrect wording in the requirements for the competition itself.
There are a number of cases in which it was hidden important information or the package of documents was provided incompletely. It is well known that the price of competition documentation cannot exceed the costs of the replication process, but it also happened that their cost was inflated by the organizer himself. It is also undesirable to introduce an excessive number of requirements.
Do you want to know what tenders are, where to look for them and how the tender market works? In this article we will tell you in detail about electronic trading, and we will also share with you some secrets of searching, participating and winning in them.
So, in none of the laws Russian Federation, including in Civil Code, you will not find a definition of the word “tender”. It so happens that almost all types of procurement are called tenders in the business environment.
Tender- This is a method of competitive selection of proposals that are most suitable for the customer. The winner of the selection is the participant whose proposal meets the requirements of the tender documentation, and the terms of the contract are the most favorable for the customer.
Securing the application- this is a transfer to the official account of the operator of the electronic platform up to 5% of the initial maximum contract price (NMCP). Simply put, securing a bid is a guarantee that you are a bidder with serious intentions and will come to the auction. The security is returned to the participant after signing a contract with the winning bidder.
On a predetermined day, auctions take place, during which participants offer their conditions, if this is an auction, gradually reducing the NMCC. As we noted above, the one who offers the most optimal terms for the execution of the contract wins. The contract is concluded with this supplier. Please note that the second place winner also has a chance to sign a contract with the customer.
You won the tender. What's next?
Be aware that winning a bid does not mean that you will be awarded a contract immediately. Winning a tender only gives you the right to conclude a contract, and if you win, you should not relax. There are cases that the winner has not carefully read the documentation, violated any clause of the regulations, and the contract is no longer concluded with him.
The help of qualified lawyers is also important here, who will monitor and help you comply with all the rules of the law.
To fulfill the contract, the winner must provide contract security.
Contract security- this is up to 30% of the NMCC, which the winner transfers to the customer’s account after the publication of the protocol. This is a kind of guarantee that the winner will fulfill all obligations under the contract.
The winner must either transfer funds or provide a bank guarantee. All funds transferred as security for the execution of the contract are returned after the terms of the contract are fulfilled.
There are cases when, during the execution of a contract, controversial situations arise between the supplier and the customer. As a rule, this can be resolved by signing an additional agreement. However, here you need to be extremely careful - often an unscrupulous customer can force the supplier to accept conditions that are not beneficial to the supplier.
Remember, every step of participation must be thought out and analyzed, since any wrong decision can lead you either to non-admission, to the Register of Unscrupulous Suppliers, or, in the worst case, to the dock.
As you can see, tenders and participation in them are a rather complicated process, but with the help of specialists, you will always win them, and your company will increase its profits by acquiring more and more new customers .
We will help you win tenders.
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Tender(English tender from English tend - to serve) - ambiguous term.
Tender (bidding)— competitive form of contract bidding.
Tender (notice)— notice (notification) of the intention to carry out physical delivery of goods in accordance with the terms of the forward (futures) contract.
Tender- application for subscription to securities, bidding.
Tender- the price offered by the enterprise, the determination of which is based primarily on the prices that competitors can set, and not on the level of its own costs or the amount of demand for the product.
Tender- a vessel on board a larger vessel, serving for landing, etc.
Tender (sailing ship)- a type of single-mast sailing vessel.
Tender (motor vessel)- a flat-bottomed motor boat of the boat type. It has a shallow draft, a carrying capacity of up to 30 tons and a crew of 2-3 people. During the Great Patriotic War tenders were used to transport troops, cargo over short distances and to land troops on unequipped coasts.
Tender (car)- a carriage (carriage) of a special design, attached directly to the locomotive and used to accommodate fuel and water.
In current Russian legislation, the concept of “tender” is not defined and the word “competition” is used. But in the business world it is customary to use the concept of “tender”, therefore both of these concepts: “tender” and “competition” are used on equal terms.
Classification of tenders
Today's tenders are distinguished by several principles by which they can be classified.
By composition of participants
- open tenders;
- closed tenders;
- Tenders with limited participation
- One-stage tenders
- Two-stage tenders
- General
By composition of participants:
Open tenders
Any organization can take part in this tender. Announcements about open tenders are published in periodicals. Big number participants intensifies competition, which makes it possible to place orders on more favorable terms.
Closed tenders
Tenders are announced only to specially invited persons who are selected by the auction organizers. As a rule, large firms or their consortiums participate in closed tenders.
Tenders with limited participation
Participation in the tender is limited by certain conditions, for example, country, special clearance.
A procurement procedure with a limited number of participants is applied if the procurement of works or services is of a complex or specialized nature and can be offered to a limited number of participants.
During tenders with limited participation, only those participants who are invited by the organizer to participate in the procurement procedure have the right to submit tender proposals.
On the admissibility of changing competitive requirements
In such tenders, changes in competitive requirements for products are allowed in the process of discussing competitive bids between the organizer and participants.
One-stage tenders
In this type of tender, negotiations are prohibited.
The tender is held in one stage. A person who wishes to participate in a tender simultaneously submits documents to determine the tender participants and the winner of the tender.
Two-stage tenders
These tenders are used quite rarely, as they have a complex and lengthy procedure. They are used when purchasing unique, expensive products.
There are two stages.
First stage.
At the first stage, the organizer develops an initial (approximate) version of the technical specifications, on the basis of which suppliers prepare initial tender applications (without indicating the price and other commercial conditions). The tender organizer then conducts negotiations to agree various options solutions to the problem proposed by suppliers, based on the results of which the tender organizer prepares the final version of the technical specifications.
At the first stage, negotiations take place on the technical part of the suppliers' proposals.
Second phase- suppliers participating in the first stage submit:
. final competitive bids with a technical proposal (prepared in accordance with the updated version of the competitive documentation)
. commercial offer(prices or rates, delivery times and payment schedules, delivery conditions, etc.) in the same order as the preparation and submission of competitive bids during an open tender.
Having received the final tenders, the tender organizer compares and evaluates them, selects the winning supplier and enters into a contract with him.
According to the procedure for admission to the tender
- General
- Prequalified
Tender is a competitive form of selection of proposals for the provision of services or the supply of a certain product, which were specified in advance in the documentation. The proposal must be completed on time based on the principles of efficiency and competitiveness. The contract will be concluded only with the winning bidder. This is the participant who submitted the application, correctly completed the tender documents and proposed the most favorable contract terms for the customer. A tender can also be analogous to a bidding, an auction, a tender, a request for quotations, or a request for proposals.
What is a tender for Russian legislation
The fact is that not a single law of the Russian Federation defines the word “tender”. As a result, in the business environment it has become common to consider any type of procurement a tender. Below are laws that may regulate activities related to tenders in one way or another:
On January 1, 2014, the law “On the contract system in the field of procurement of goods, services, works, to further meet state or municipal needs” came into force.
Let us note that until January 1, the law of July 21, 2005 “On placing orders for the supply of goods, performance of work or provision of services” was in force.
The next law that can regulate tenders is Law No. 44-F3 “On the Contract System”.
The law does not define “tender”, but it does define the word “procurement”. According to the law, procurement is a certain set of actions carried out by the customer. They are aimed at meeting municipal or state needs. The procurement must begin with the identification of the supplier and end with the fulfillment of obligations by both parties.
the federal law No. 218-FZ “On amendments to the Federal Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”
Federal Law No. 223-F3 “On the procurement of works, services, goods for certain types of legal entities».
According to the legislation of the Russian Federation, any state or municipal tenders are posted only on one official website for public procurement - zakupki.gov.ru. All other commercial closed tenders may not be posted on this site. Most often, such tenders are published on the official website of the company itself.
Participation in the tender
Tender procedure is as follows: initially you need to find a tender that is suitable for you. It is very important to choose a truly profitable tender. Many newcomers to the procurement field find it very difficult to find a suitable option. Here you need to be very careful. There are quite a few resources that collect a database of tenders. It's best to take advantage tender support(we will talk about this in more detail in another section).
If you yourself managed to find a suitable tender, the next stage of the tender is to submit an application. Participation in the tender must be done through an electronic trading platform (ETP). Today, in Russia there are only five state trading platforms and a huge number of commercial ones.
In this case, the most important thing is to draw up an application for participation in the tender correctly from a legal point of view. It is worth noting that any slightest error in the application can become a legal reason for not allowing the company to enter participation in the tender.
It should be noted that the application must be signed exclusively electronically. digital signature(EDS). Such a signature must be strictly accredited by the trading platform.
Electronic trading platform is a special signature that is used for electronic documentation. A document signed with such a seal is equivalent to a document with a regular certified seal. It is also necessary to identify the owner.
The fact is that the use of this type of signature seriously reduces the document flow for participation in the tender. Moreover, it may be needed to submit electronic company reports.
The next thing you may need is financial support for your application. Let's explain what it is. Securing the application is a kind of advance payment. You transfer up to five percent of the initial maximum contract price to the official account of the site operator. That is, you guarantee your participation in the upcoming tender.
After this, the auction will officially take place on the appointed day. On this day, all participants will offer their terms of the transaction, gradually reducing the initial maximum contract price. As a result, the tender is won by the one who, according to the customer’s standards, offered the most favorable conditions for him.
Preparation of tender documentation
Tender documents– this is all the necessary documentation, which contains all the conditions of the competition and the subsequent contract. The preparation of tender documentation can be divided into technical and commercial parts.
The first part describes all the main terms of the contract. Also describes general information about the subject of the tender, detailed instructions for suppliers and other information cards. You must also include all requirements for the contents of the purchase order.
The second part describes prices and the full procedure for determining them. Payment schedules and all sources of financing for the contract are also specified. If possible, you can specify bank guarantees for fulfillment of the terms of the tender offer.
According to general rules participation in the tender, the application must be submitted with the following documents (in some cases, full list documents are determined by the tender organizers themselves):
- List of persons who have the right to take part in tenders at certain stages
- If you used tender support, you will need a power of attorney
- A copy of the order appointing your chief accountant to the position.
- Copies of reports for the last three periods
- Extract from the Unified State Register of Legal Entities (Important, this extract has a 15-day expiration date)
- Copies of all statutory documents that must be certified by the Tax Inspectorate
- Certificate from the Tax Inspectorate stating that the company has no debts
- Certified copies of documentation on company registration and registration
- List of submitted documents
Once the preparation of tender documents is completed, they must be submitted along with the application. There are also a number of rules in completing an application for participation in a tender (if you submit an application in writing and not electronically):
- The application must be certified with the seal and signature of the required executive body
- The application must be completed in accordance with the instructions in this regard contained in the auction documentation.
- You must also submit a couple of copies of the application.
Tender support
It is very difficult for many companies to independently prepare applications and other documentation for participating in a tender. Most often, companies decide to use the so-called tender support. This is a process where one organization or individual provides a service to another company to participate in a tender. Support can be full or partial.
Full tender support consists of replacing the tender department with outsourcing rights. Many companies simply do not have the time to understand all the nuances of tender documentation. Such companies will devote more time to resources for effectively running their business. Most often, such companies provide the following services:
- Provide an electronic digital signature
- Accredited on all trading platforms
- Preparing a workplace for participation in an electronic tender
- Reissue of electronic digital signature
- Monitoring of all government tenders on a topic necessary for the company
- Preparation and submission of tender application
- If necessary, raising funds to participate in several tenders at once
- Participation in the tender on behalf of the company
- Security for signing a government contract
- At the stage of signing a government contract, attracting funding to complete the tender
