One of the forms of trading activity under the Civil Code of the Russian Federation is the participation of enterprises in tenders, which are held in the form of auctions or.
Commodity auctions(Latin - sale by public auction) is a way of selling goods that have individual properties and values.
Exist permanent auctions that are held one or more times a year, usually at a specific time, but can be organized one-time auction for the sale of a specific or batch of goods. Unlike commodity exchanges, auctions are not permanent, but periodically operating centers for the intermediary of real goods.
These are specially organized operating markets in which sales are carried out through public auction at a predetermined time and in a specially designated place.
Often this large companies, concentrated trade a certain type goods. They usually buy goods from manufacturers at their own expense, dictating purchase prices, and resell them, profiting from the difference in prices. These same auctions accept goods from independent manufacturers for resale. Large auctions have their own production and processing of raw materials (for example, furs).
Other auctions are specialized brokerage firms that resell goods on a commission basis, receiving compensation from the sellers. Sellers and buyers themselves do not participate in such auctions.
Auction organizers can also be enterprises for which auction trading is not the main activity: museums, art salons, exchanges, permanent exhibitions, the charter of which provides for this type of activity.
Sellers at an auction can be enterprises, organizations or individuals (owners of goods or property). They can also act as buyers.
The main parties to the auction are: the owner of the goods, the seller, the auction organizer, and the buyer.
An auction in which only one participant participates is considered invalid.
Objects of bidding at auction may be items of personal use with individual characteristics(paintings, antiques), and furs, large cattle, horses, tobacco, tea, coffee, unwashed wool, flowers, fruits, etc. In our country, auction trade of furs is carried out in St. Petersburg, and for breeding horses - in Moscow, Rostov-on-Don, Pyatigorsk.
Both large quantities of goods and individual products can be offered for auction. When selling at auction, unlike a regular sale, neither the seller nor the auction organizers are responsible for .
The commercial meaning of the auction is that maximum price for the goods sold is established by direct buyer competition simultaneously present at the point of sale. The winner of the auction is the person who offers the highest price.
Bidding is a specific form of trade, the result of which is achieved through a competition or auction
Information on the definition of bidding, rules for conducting auctions and competitions, including electronic bidding using electronic trading platforms
|
Bidding is the definition
Bidding is a specific form of trading company, in which the conclusion of a trade transaction between the seller and the buyer is preceded by negotiations in the form of bargaining over the price of the product.
Bargaining(Bidding) is competitive form of procurement, in which buyer announces for sellers on product with certain technical and economic characteristics.
Bargaining(Bidding) is a method of concluding sales and purchase transactions or contracting agreements in which buyer(customer) announces tender For sellers(contractors) for supply product or providing services with predetermined characteristics and, after comparing the offers received, chooses the most profitable one for itself.
Bidding is a set of activities aimed at auction sale receivables from sellers, carried out by an attorney according to the rules of Art. 447-449 of the Civil Code of the Russian Federation, as well as other applicable regulations RF.
Open bidding - This procurement method in which the organizer auction sales publishes information about procurement of goods and work in the media.
Auction (competition) is special form for issuing orders for delivery goods or contracts to perform works, which involves attracting proposals from several suppliers or contractors in order to ensure the most favorable commercial and other terms of the transaction for the organizers of such tenders.
Bidding is
Competition (from Latin auctio) is sale from public auction and represents the sale of goods that have individual properties and values. Their sale is carried out by public auction in a certain place and at a predetermined time.
Src="/pictures/investments/img1958674_predlozhenie_tsenyi_po_lotu.jpg" style="width: 999px; height: 732px;" title="offer price for lot">!}
Electronic trading is bidding conducted via the Internet, on specialized sites (either an auction site or an electronic trading platform). Unlike conventional competitions, online auctions are held at a distance (remotely) and you can participate in them without being in a specific venue, placing bids through the website.
Internal bidding (internal trading) is bidding with the participation of national firms..
International bidding (international bid, tenders) is a method of purchasing goods, placing orders and issuing contracts, which involves attracting proposals from several suppliers or contractors within a certain, predetermined period of time different countries and concluding a contract with the one that is most beneficial to the auction organizers (according to price and other commercial and technical conditions).
Src="/pictures/investments/img1958754_auktsion_provodimyiy_domom_sotbis.jpg" style="width: 999px; height: 732px;" title="auction held by Sotheby's">!}
Bidding is
World auction houses
On the art market, the old-timers are the English Christie's competitions
Swedish Bukowskis,
French Drouot. They have existed for decades (and some for centuries) and during this time they have become real “whales” in their field. True, the recently emerged tenders Van-Ham and Dorotheum, thanks to the correct bidding policy, burst into this market with lightning speed. market, and are crowding out its long-time inhabitants.
Auction house Christie's
Christie's auction house is one of the most respected auction organizers.
Bidding is
Christie's traces its history back to 1766. The structure once created by James Christie, the founder of this auction house, housed paintings by most of the great European artists: impressionists, modernists, cubists. Currently, Christie's also offers work masters whose paintings adorn the exhibitions of many museums around the world. In addition to works of art, rare books, cars, cigars, collectible wines and other valuables are sold there.
Bidding is
Caring about its reputation, Christie's provides all lots with expert assessments. However, buyers should still remember the proverb “trust, but verify.” After all, market art in our time is rapidly filled with fakes. Christie's annual turnover is $1.5-2 billion. At auction at the auction house, works went under the hammer for absolutely unimaginable sums.
The most expensive painting was Vincent van Gogh's “Portrait of Doctor Gachet,” sold in May 1990. for more than 80 million dollars.
In July 2001 Work by Pablo Picasso from the series "blue" period" -- "Woman with Crossed Arms" -- sold for $55 million, double its starting price prices. There were 6 more buyers who were willing to pay $32 million for the masterpiece. A similar situation arose in 1940. with Matisse's painting "Persian Dress". It was sold for $17 million, while the original cost was just under $12 million.
Auction house Drouot
With price reduction
Price reduction (Dutch competition) - a tender during which the highest price for the product being sold is first announced, and then the rates are reduced to the one that the first buyer to whom the product is sold agrees to.
The Dutch competition is a type in which a deliberately inflated starting price is immediately set, and then it is gradually reduced until someone buys the product on display. If there are several sellers, then the buyer chooses the one who asks the lowest price. This type of auction sales in international practice is sometimes called lading.
Its essence is as follows: the seller determines the maximum price for his product, which can be seen on a special dial installed in the hall, and begins to reduce it until one of the participants presses the button assigned to him and thereby expresses his intention to make a transaction . Dutch tender is usually used for selling large quantity identical items.
It is very convenient for both small wholesale buyers and wholesale sellers. By the way, it was invented by tulip sellers because they were very interested in wholesale sales of its perishable product. An undoubted advantage for the seller is the ability to sell their goods easily and quickly. And buyers benefit from the fact that the price will be higher than the starting price only if demand exceeds supply. The Dutch competition is also called reverse, as opposed to traditional way this kind of trade. Anyone can participate in it, since there are many websites on the Internet that allow you to both sell and buy a product through auctioning.
Open auctions and competitions
Any person can participate in an open competition and open tender. Only persons specifically appointed for this purpose participate in a closed tender and closed auction.
Bidding is
The tender is conducted in the presence of a commission by an auctioneer hired by the seller.
The competition step is set by the seller in the range from 1 to 5 percent the initial sale price of the property and remains the same throughout the tender.
Participants in the auction sale are given numbered tickets, which participants raise after the auctioneer announces the next price in the event that they are ready to buy the property at that price;
The tender begins with the auctioneer announcing the name of the property, its main characteristics, the initial sale price and the tender stage. The auctioneer sets each subsequent price by increasing the current price by a tender step. After announcing the next price, the auctioneer calls the ticket number of the auction participant who was the first to raise the ticket. The auctioneer then announces the next price according to the competition step.
If there are no tenderers willing to buy the property at the price named by the auctioneer, the auctioneer repeats this price three times; If, after announcing the next price three times, none of the auction participants raised a ticket, the tender ends. The winner of the competition is the participant whose ticket number was last named by the auctioneer. At the end of the tender, the auctioneer announces the sale of the property, names its sale price and the ticket number of the auction winner.
Bidding is
The price of the property offered by the participant who wins the auction is recorded in the protocol on the results of the competition, confirmed by his signature and the signature of the auctioneer.
The refusal of the winner of the tender to sign the protocol on the results of the auction sale is considered a refusal to enter into a purchase and sale agreement and entails consequences in accordance with paragraph 31 of these Regulations.
Closed auctions and competitions
The competition, closed according to the form of submitting a proposal for the price of the property, is held in the following order:
Bidding is
Participants in the competition submit to the commission in a sealed envelope proposals for the price of the property sold at the competition. The seller submits to the commission the proposals for the price of the property submitted by the tender participants to the seller when submitting the application;
Before opening the envelopes, the commission checks their integrity, which is recorded in the protocol on the results of the auction sale;
The commission considers bidders' proposals for the price of the property being sold. These proposals must be presented in Russian and signed by the participant (his authorized representative). The price is indicated in numbers and in words. If different prices are indicated in numbers and in words, the commission takes into account the price indicated in words.
Offers containing a price lower than the starting selling price will not be considered.
When announcing proposals, in addition to the participant whose proposal is being considered, other tender participants or their representatives who have a duly executed power of attorney, as well as, with the permission of the commission, representatives of the media may be present.
The winner of the auction sale is the person who offers the highest price for the property put up for competition. If two or more proposals for the price of the property are equal, the winner is the participant whose application was submitted earlier.
By its legal nature, a notice of bidding is a unilateral transaction that gives rise to corresponding legal consequences. In particular, an obligatory legal relationship is established between the person who received the notice of the auction and the auction organizer, by virtue of which this person has the right to demand that the auction organizer accept and consider the proposal made by the person who has expressed a desire to take part in the auction.
At the same time, by virtue of the direct instructions of the law (clause 3 of Article 448 of the Civil Code), the organizer of an open auction who has given notice has the right to refuse to hold the competition at any time, but no later than three days before the date of its holding, and the auction - not later than thirty days before the tender, unless otherwise provided by law or in the notice of tender. In the event that the organizer of an open auction refuses to conduct it in violation of the specified deadlines, he is obliged to compensate the participants for the actual damage they suffered.
The organizer of a closed sale under the hammer or a closed auction does not have the right to refuse to hold it and bears corresponding responsibility to the persons invited to participate in the auction. If the organizer of a closed competition or closed tender refuses to tender, he is obliged to compensate the invited participants for real damage, regardless of the time at which the refusal to tender occurs.
In what form are tenders conducted?
In accordance with the Civil Code of the Russian Federation, auctions are held in the form of a hammer sale or auction. In this case, the winner of the auction at the competition is the person who offered the highest price, and at the tender - the person who, according to the conclusion of the competition commission, pre-appointed by the auction organizer, offered Better conditions. The form of bidding is determined by the owner of the item being sold or the holder of the right being sold (however, the law for individual species property, only one, exclusive form of their conduct can be provided - an auction or tender).
Bidding is
The organizer of the auction may be the owner of the thing or the holder of property rights, or a specialized company. A specialized company acts on the basis of an agreement with the owner of a thing or the holder of property rights and acts on their behalf or on its own behalf.
One of the forms of trading activity under the Civil Code of the Russian Federation is the participation of enterprises in tenders, which are held in the form of tenders or tenders.
Bidding is
The organizers of competitions can be enterprises for which auction trading is not the main activity: museums, art salons, exchanges, permanent exhibitions, the charter of which provides for this type of activity.
Bidding is
Sellers at the competition can be enterprises, firms or individuals (owners of goods or property). They can also act as buyers.
The Seller in accordance with the legislation of Russia and these Regulations:
Forms a commission for holding the competition (hereinafter referred to as the commission) and approves its composition;
In accordance with the established procedure, makes a decision to establish, on the basis of the initial price of the privatized property determined by the privatization plan, the initial price of its sale at the tender (hereinafter referred to as the initial sale price), as well as the auction sales step in the case of submission of proposals for the price of the property in open form;
Determines the period and conditions for making a deposit by persons who have declared their participation in the competition (hereinafter referred to as applicants), as well as other terms of the agreement on the deposit and concludes this agreement with them;
Organizes the preparation and publication of an information message about the competition;
Receives applications from applicants and manages them accounting as they are received in the journal for receiving applications, assigning a number to each application and indicating the time of submission of documents (day, month, time in hours and minutes);
At the end of the acceptance period, transfers received applications with the documents attached to them to the commission;
Provides the commission with information about the deposits received in his accounts, indicating the name of the applicant who made the deposit, the amount of the deposit and the date of its receipt;
Approves the commission protocol on the results of the tender;
Concludes a property purchase and sale agreement with the auction winner;
Makes settlements with applicants, participants and the winner of the competition;
Organizes the preparation and publication of an information message on the results of the tender;
Ensures the transfer of property to the buyer (the winner of the auction) and performs the necessary actions related to the transfer of ownership of it.
The main parties to the competition are: product owner, seller, tender organizer, buyer. A competition in which only one participant participates will be considered void.
Objects of bidding at the tender may be:
Personal items with individual characteristics (paintings, antiques);
Bidding is
Fur;
Cattle:;
Bidding is
In 2009, the company won the “Organization of the Year 2009” award in the “Services/Information Technologies” category. Reward awarded at the end of the year to the most successful companies in finance, industry and services. Organizer awards RBC performs annually. Since 2002, awarded under the patronage of the Ministry economic development and trade of the Russian Federation.
In 2010, the company was awarded the “CIS Business Leader” award for one of the best integration projects for the Commonwealth countries. The ceremonial presentation of the awards took place within the framework of the International Economic Forum of the CIS Member States “New Initiatives in the Year of Chairmanship Russian Federation in the CIS."
In 2011, the B2B-Center organization was included in the list of 100 largest IT companies in the Russian Federation according to RA "". According to the international rating agency CNews Analytics, part of the RBC group of companies, the B2B-Center system entered the list of the 50 largest IT developers in the Russian Federation, taking 29th position in the rating.
In 2012, investors led by Da Vinci Capital joined the company's shareholders, purchasing 34% of the shares
The company is developing a system of electronic trading platforms, united by a common technological base and divided according to the criteria of industry specialization, regional location and corporate affiliation.
Bidding is
In the B2B-Center system, organizations act as organizers and participants in trading procedures. The purchase or sale of goods, works, services takes place electronically in real time using various types of trading procedures: competitive negotiations, requests for prices and proposals, competitions between the seller and the buyer, open and closed auctions (multi-lot and item-by-item), framework agreements - approx. 40 types of trades. In the system it is also carried out based on completed trades, marketing research market, searches for suppliers on the desired topic, provides financial services (bank guarantees, loans, and factoring), and insurance services. In the B2B-Center system, enterprises and companies subject to Law No. 223-FZ carry out procurement.
Electronic trading platforms
An electronic platform is a public information system located on the Internet, using which participants in electronic interaction conduct electronic trading through the exchange of information among themselves. The scope of the generic concept “information system” is disclosed in subparagraph 3 of Article 2 of the Federal Law “On Information, Information Technologies and Information Protection”.
Bidding is
In particular, an information system is understood as a set of information contained in databases and ensuring its processing information technologies and technical means. An electronic platform as a type of this information system consists of five elements:
Domain name of the website on the Internet;
Database;
Hardware and software system;
Link;
Technical support service.
Bidding is
The operator of the electronic platform is a Russian legal entity. a person or individual who is the legal right holder of a public information system located on the Internet, with the use of which participants in electronic interaction conduct auctions through the exchange of information.
The auction organizer is a person who has entered into an agreement with the operator of the electronic platform for the purpose of searching for a person interested in concluding a transaction with property (property rights) put up for auction as a lot.
Users of the electronic platform - government agencies, authorities local government, firms and individuals who intend to purchase information stored in the information system of the operator of an electronic platform or using this information for the purpose of concluding an agreement, the subject of which is the sale of goods, works or services
Auction procedure
The procedure for conducting a hammer sale includes:
Preparatory operations;
Operations directly related to trading;
Operations related to mutual settlements between organizers and bidders (registration of auction transactions).
At the first stage, an analysis is carried out of proposals received from product owners, which indicate the full name of the product and its brief description, characteristics of consumer properties, information about the quantity and quality of the product, the expected price and the owner’s details. After this, they are sent invitations to formalize auction agreements.
Operations to prepare the competition include the issuance and sale of entrance tickets, the production of signal signs, and information and advertising work.
At the same stage, premises for storage and pre-sale preparation of goods are prepared, they are examined and the starting price of the product is set. Sometimes a reserve price is set below which the product cannot be sold.
Products are sorted depending on quality into batches, which are called lots.
Lot is standard Political Party or a standard unit of product in physical terms. A sample is selected from each lot. A lot may contain one product or several units (sable - 30-50 skins, mink - up to 300 skins, astrakhan fur - up to 500 skins). Each lot is assigned a number by which it will be put up for sale in the competition.
Lots of equal quality follow one after another and form rows - thongs, which are separated from each other in the catalog by lines.
Before the opening of the tender, a catalog is issued to inform buyers about the goods offered for sale, which indicates the composition and lot numbers. The catalog also publishes rules for conducting auction sales, processing transactions and payment.
Bidding is
Catalogs are sent to traditional buyers indicating the start of the competition.
In advance, usually one to two months in advance, announcements about a tender will be published in the media indicating the quantity and range of goods offered, the place, time and conditions of the auction.
Required condition auction sales companies - advance provision potential buyers opportunities to familiarize yourself with goods that should be put up for inspection. After inspection, buyers mark the numbers they are interested in in the catalogues.
The auction is held in a special hall, which usually has the shape of an amphitheater. The auction is conducted by an auctioneer who opens the auction and gives brief description product.
Bidding is
Having named the starting price, the auctioneer asks: “Who is higher?” a buyer who wants to purchase a product, using a signal sign or special signs (raises his hand, nods his head, shows special gestures or shouts “yes”), announces a price higher than the starting price.
The auctioneer repeats each price offered by buyers and names the place where the price offer came from. If the next increase does not follow, the auctioneer, after repeating it three times, hits the gavel, confirming that the lot was sold to the last buyer who offered the highest price.
IN process auction auction, the auctioneer has the right to withdraw the lot from auction without explanation and put it up later. This is usually done if the target sales price cannot be achieved.
As a result of the competition, an auction is formed, which, in accordance with the auction agreement, is distributed between the owner of the product and the company that conducted the tender.
Auction trading creates significant convenience for suppliers and buyers by ensuring the sale of goods at prices driven by demand.
Some tenders are carried out in an automated way. Each time the price is displayed on the board. Change in price for it promotion or a reduction during the tender process is recorded by the buyer using an electric button, which stops the change of numbers on the scoreboard. determined by the blocked light bulb at the bidder's place.
How to become a participant in the auction?
According to the provisions of paragraph 2 of Article 447 of the Civil Code of the Russian Federation, the owner of the thing or the holder of property rights or a specialized company can act as the auction organizer. A specialized company acts on the basis of an agreement with the owner of a thing or the holder of the corresponding right and acts on their behalf or on its own behalf.
At least 30 days before the start of the auction, the organizer must give notice of the auction, indicating certain information (time, place, form of the auction, its subject, rules of conduct, data that the application for participation in the auction must contain).
To participate in the auction, an interested person must send the organizer an application for participation in the auction (indicating in it information previously determined by the organizer) and other necessary documents (for example, an extract from the unified state register of legal entities).
Bidding is
Also, the participant must make a deposit in the amount, terms and manner predetermined by the organizer. Such an obligation is assigned to bidders in order to reduce the risks of participation in trades by unscrupulous bidders and to ensure the fulfillment of those obligations that arise as a result of the auction. If the auction subsequently does not take place for any reason, the deposit will be returned. It is also returned to persons who participated in the auction but did not win it. When concluding an appropriate agreement with the person who won the auction, the amount of the deposit previously paid by him is counted towards the fulfillment of obligations under the concluded agreement.
Legal entities additionally represent:
Balance sheets for the last 3 years of activity (in cases where a legal entity has existed for less than 3 years, for the duration of its existence);
A certificate from the Federal Tax Service inspection confirming that the applicant has no overdue tax payments to budgets of all levels as of the last quarter;
A written decision of the relevant governing body of the applicant authorizing the acquisition of property, if necessary in accordance with the constituent documents of the applicant and the legislation of the country in which the applicant is registered;
Documents confirming the presence or absence of authorized capital applicant for the share of Russia, constituent entities of Russia and municipalities.
Can participation in the auction be refused?
A person who has submitted an application and the necessary documents for participation in the auction may be denied participation in the auction only in cases specified by law, for example, when:
Application deadlines have been missed;
The person did not pay the deposit, or it was paid in violation of the deadlines established by the organizer;
An application for participation in the auction was submitted by a person who, in accordance with the law, does not have the right to acquire the relevant property that is the subject of the auction;
All necessary documents for participation in the auction have not been provided (their list may be separately established in the law or the notice of the auction), or false information has been provided;
The submitted documents do not confirm the right of the applicant to be a buyer in accordance with Russian legislation;
Not all documents according to the list specified in the information message have been submitted (with the exception of the proposal for the price of the property sold at the tender), or they are not properly executed;
Certificate not provided Federal Tax Service Inspectorate (IFTS), confirming that the applicant has no overdue tax payments to budgets of all levels as of the last quarter;
The receipt of the deposit in the seller’s accounts in accordance with paragraph 14 of these Regulations in accordance with paragraph 14 of these Regulations has not been confirmed.
This list of grounds for refusing an applicant to participate in the competition is exhaustive.
It should be taken into account that a person who is denied participation in the auction can appeal such refusal in court.
In what cases are auctions declared invalid?
An auction or competition in which only one participant participated is considered invalid. Legislation may establish additional cases of recognition of auctions as failed (for example, for land auctions it is established that if, after announcing the starting price of the auction item three times, none of the participants declared their intention to purchase the auction item at the starting price, the auction is also recognized as failed).
Bidding is
If an auction conducted in violation of the rules established by law is declared invalid by the court, then the contract itself concluded with the winner of the auction will also be invalidated. At the same time, in accordance with Art. 449 of the Civil Code of the Russian Federation, not only bidders, but also other interested parties, for example, persons who were initially refused to participate in the auction (see above for possible cases of such refusal), can apply to the court with a request to invalidate the results of the auction.Specially highlighted in Art. 449 Civil Code the possibility of declaring the auction invalid, which, in turn, means the invalidity of the agreement concluded with the winning participant. This equally means the invalidity of the preliminary and main agreements.
Confession the said agreements invalid entails special consequences provided for the invalidity of transactions. The law establishing mandatory tenders may provide that invalidation of tenders opens the door for the parties to enter into a contract in the usual way.
Bidding is
The grounds for declaring a tender invalid by a court vary. It is possible to draw a general conclusion that auctions are declared invalid in all cases where violations were committed that could affect the determination of the outcome of the auction. The Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 2, 1993, specifically identified the basis for invalidating auctions related to privatization as illegal refusal to participate in a tender (tender), and at the same time provided that claims for invalidation of a sale under the hammer may be made not only their participant, but also the one who was denied participation in the auction.
The grounds for the invalidity of the auction were also indicated in Art. 405 of the Code of Civil Procedure (“Recognition of auctions as invalid”). However, it should be borne in mind that this article can only be applied in relation to auctions related to the foreclosure of the property of a debtor - a citizen in the form of a residential building.
If an auction conducted in violation of the rules established by law is declared invalid by the court, then the contract itself concluded with the winner of the auction will also be invalidated. At the same time, in accordance with Art. 449 of the Civil Code of the Russian Federation, not only bidders, but also other interested parties who were initially denied participation in the auction can apply to the court with a request to recognize the results of the auction as invalid.
How are the trading results presented?
The person who wins the auction and the auction organizer sign on the day of the auction or competition a protocol on the results of the auction, which has the force of a concession between them.
If the subject of the auction was only the right to conclude a transaction, then such an agreement must be signed by the parties no later than 20 days or another period specified in the notice after the completion of the auction.
It should be noted that the winner of the auction who evades signing the protocol on its results loses the deposit. If the auction organizer refuses to sign the protocol, the latter is obliged to return the deposit in double amount, as well as compensate the winner of the auction for losses caused by participation in the auction in a part exceeding the amount of the deposit. The winner of the auction, if the organizer evades the conclusion of the contract, has the right to go to court with a demand for compulsion to conclude the contract, as well as for compensation for losses associated with such evasion.
The purchase and sale agreement is concluded between the seller and the winner of the tender (hereinafter referred to as the buyer) in accordance with the Civil Code of Russia and the Federal Law "On the privatization of state property and the principles of privatization of municipal property in Russia" no later than 5 days after approval of the protocol on the results of the sale with hammer with the presentation of a certificate in cases established by law Federal Tax Service Inspectorate on declaring the sources of funds used by the buyer to pay for the property.
A certificate from the Federal Tax Service Inspectorate (IFTS) is submitted by buyers - legal entities in the event of purchase and sale transactions for an amount exceeding 10 thousand established federal law minimum wages and buyers - physical persons in the case of purchase and sale transactions amounting to more than 2 thousand minimum wages established by federal law.
Buyers who are residents of Russia are provided with the corresponding certificate by the tax inspectorates at the place of their tax registration in the form established by the State Tax Service of Russia.
Buyers - non-residents Russia is presented with a certificate of opening a type "K" account in bank - resident Russia, which has a license to carry out the relevant operations, as well as an original and notarized translation of a certificate from the tax authority at the place of registration of the non-resident about the source of funds allocated for the acquisition of property.
The deposit will not be returned to the buyer who fails to submit the specified documents in the prescribed cases and within the established time frame. Property put up for sale at a competition remains in state or municipal ownership and can be privatized in accordance with Russian legislation on privatization. The seller informs about this or the local government body that made the decision on the method of privatization of the property.
Payment for state property is made in a lump sum within 10 days after the conclusion of the purchase and sale agreement. Payment for property in installments is carried out in the manner prescribed by law.
The deposit paid by the buyer to the seller's accounts is counted towards payment for the purchased property.
The procedure for paying for municipal property is established by local government bodies.
The transfer of property and registration of ownership of it are carried out in accordance with the legislation of Russia and the purchase and sale agreement after full payment of the property. The fact of payment is confirmed by an extract from the seller’s account indicating the receipt of funds in the amount and within the time period specified in the purchase and sale agreement.
Registration of the results of an open competition in electronic form
Within one hour from the end of the UAEF, this tender protocol (hereinafter referred to as the “Protocol”) is automatically generated in the ETP System
The operator is responsible for the compliance of the results of the electronic auction sale with the information recorded in the Protocol.
After the formation of the Protocol in the ETP System, the Customer signs the specified Protocol on the day of the UAEF.
The Operator places the Protocol in the open part of the ETP System.
The Protocol signed by the Customer is the basis for concluding a contract with the Winner of an open tender in electronic form, recorded in the Protocol, on the terms specified in the Notice of an open tender in electronic form and at the contract price offered by the Winner of an open auction sale in electronic form.
The winner of the open competition sends a signed contract to the Customer in electronic form within the time period specified in the Notification of the UAEF.
International bidding
One of the most effective and quite common methods of placing orders in international practice is bidding (tenders)
Bidding is
.Tender(English Auction - offer) - a competitive form of selection of proposals for the supply of goods, provision of services or performance of work according to conditions previously announced in the documentation, within a specified time frame, on the principles of competition, fairness and efficiency. The contract is concluded with the winner of the auction - the participant who submitted a proposal that meets the requirements of the documentation and offers the best conditions.
Most often, through bidding, orders are placed for large supplies of machinery and equipment, including complete equipment, the performance of research, survey and design work, the construction of turnkey facilities, and the selection of participants in concession agreements for the development of mineral resources is carried out.
Legislation a number of industrialized and developing countries provides that government orders for the purchase of goods and services in volumes exceeding a certain amount can only be placed through tenders. Exceptions may include unique equipment that has no analogues, the purchase of spare parts for existing equipment, emergency purchases of goods to eliminate the consequences of natural disasters, as well as purchases under special intergovernmental agreements. Characteristic Features international tenders are the simultaneous attraction of a number of applicants to participate in them.
The main advantage of placing orders through international tenders is the ability to achieve the most favorable conditions for the customer for this transaction due to the acute competition between participants and ensuring unbiased selection of a supplier or contractor.
Bidding is
Strict regulations for tendering and uniformity of requirements for all participants make it possible to avoid possible corruption and other dishonest actions on the part of firms and companies competing for orders.
The auction organizers can be government agencies, municipal councils, public firms and private organizations in various countries.
Bidding is
In world practice, auction objects are divided into the following categories:
Goods - items of any type and description, including;
Jewelry trade items;
Antiques,
Electric Energy,
As well as services related to the supply of goods, if the cost of such related services does not exceed the cost of the goods themselves;
Work - any work related to the construction, reconstruction, demolition, repair or renovation of a building, structure or facility, including preparation of a construction site, excavation, construction, installation of equipment or materials, finishing work, as well as related construction services, if the cost these services do not exceed the cost of construction itself;
Services - any item of procurement other than goods (works).
Some experts distribute procurement items into these categories, guided by other criteria, for example: services - any intangible products, including intellectual ones; work - everything related to construction and repairs; goods - tangible products, as well as "serial" software.
International trading (tenders) are of two types:
Open (public), in which all interested companies can participate;
Closed - with the participation of only the most well-known suppliers and contractors on the world market.
Open international bidding
Open tenders make it possible to implement the principles of efficiency, transparency and fairness. competition. All interested organizations and firms, both local and foreign, are invited to participate in open tenders. Open tenders are mainly used by government and public institutions that place orders for standard and universal equipment, simple services, as well as small-scale contract work. Auctions held with borrowed funds (for example, with funds from the federal budget or with funds credited by the World Bank) bank for this event) are always open.
All interested companies and firms can participate in open tenders. Information about open tenders is published in official press organs - newspapers, specialized magazines, bulletins, and is also sent to other states through trade missions or consulates (sometimes chambers of commerce and industry) for distribution among the business community. Announcements of open tenders provide only basic information:
Name of the company conducting the auction;
Name, nature and quantity of purchased equipment or purpose and parameters of the facility being constructed;
The procedure and deadlines for submitting proposals, the address (fax, telex, telephone) to which you should contact for more detailed information.
Publication of an invitation to tender in the open press, additional publication on the Internet is possible, and special targeted invitations may be sent to individual suppliers. Large auctions are announced 2-4 or more months before the date of the auction, regular ones - 1-1.5 months, small ones - sometimes 20 days in advance.
Closed international bidding
When holding closed auctions, their organizers themselves determine the circle of possible participants, guided by the criteria for selecting participants that they have developed. Conducting closed auctions requires their organizers to conduct a preliminary study of market opportunities and the performance results of firms (organizations) in this market.
In this case, the customer personally invites to participate in the bidding all reputable companies known in this field of production, with extensive experience and well-equipped technically equipped suppliers and performers, who, in his opinion, are able to cope with the task. The publication of the invitation and the prequalification procedure are not carried out in this case. As a result, a “short list” of possible suppliers is compiled, the number of which should be quite large, since only in this case can it be ensured, and, consequently, the selection of the most advantageous offer, as well as the normal course of the procedure.
As a rule, closed tenders are used in cases where the specifics of the work (services) that are the subject of the tender involve a limited range of suppliers, since the tenders have high technical complexity, require special knowledge, or, if we are talking about the needs of defense or national security, that is in cases where it is uneconomical and impractical to create unlimited competition.
Sealed bidding is a less time-consuming activity.
Only those organizations and firms that have received an invitation to participate can participate in closed tenders.
Bidding is
IN in some cases, when conducting bidding in two stages, open bidding can be combined with closed bidding. These types of auctions are used when it is difficult (and sometimes simply impossible) for organizers to determine the circle of the most reputable companies. In this case, at the first stage, open tenders are held with pre-qualification of participants. Those wishing to participate in the auction provide the organizers with materials, information confirming their high competence and experience in fulfilling similar orders, the level of products, customer reviews, i.e. qualification materials. Based on an analysis of qualifying materials, the tender committee selects companies that, in its opinion, can participate in the second round - closed bidding. There are known cases when about 26 firms and consortiums participated in pre-qualification tenders, and only 5-7 participants were invited to closed tenders.
Sources and links
dic.academic.ru - Financial dictionary
bibliotekar.ru - Electronic library
vneshmarket.ru - Foreign economic activity
ru.wikipedia.org - Wikipedia
finans.net.ua - Financial encyclopedia
gut.vrn.ru - State Department tariff regulation
torgi.gov.ru - Official website of the Russian Federation for posting information about auctions
pravoteka.ru - Legal encyclopedia
yandex.ua - Videos, pictures
vseslovari.com.ua - Accounting dictionary
g-art.com - Golden ratio
zakupki.ua - Purchases electronic trading platform
delovoymir.biz - Business world
Auction.l1-stroy.ru - Rules for conducting trading operations
com-papers.info - Business papers of Russia
biblioFond.ru - Bibliofond electronic library
Investor Encyclopedia. 2013 .
Synonyms:- Technical Translator's Guide
bargaining- auction, auction sale, auction sale, public auction Dictionary of Russian synonyms. bidding see auction Dictionary of synonyms of the Russian language. Practical guide. M.: Russian language. Z. E. Alexandrova ... Synonym dictionary
BARGAINING- TRADE, a method of purchasing goods or delivering a contract, in which preference is given to the seller or contractor who offered the most favorable conditions. Trades, including international ones (tenders), are of two types: open or public (announcements... ... Modern encyclopedia
BARGAINING- TRADES, ov. 1. Same as auction. International fur goods. Sale by auction. 2. Delivery of a contract to someone who, competing with others, agrees to conditions more favorable to the customer (obsolete). Announce a proposal for the construction of a factory. Ozhegov's Explanatory Dictionary... Ozhegov's Explanatory Dictionary
bargaining- bidding, bidding, bidding, bidding, bidding, bidding (
Relatively recently, Russian businessmen were presented with a unique opportunity to conduct auctions through electronic platforms. Entrepreneurs at any level can take part in such transactions without leaving the threshold of their office.
What is electronic trading
Using this type of auction, you can sell your service or product to budgetary or government organizations that have resorted to purchasing goods through this type of auction.
Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call by phone.
It's fast and free!
Customers such as Gazprom OJSC, Rusnano, MTS OJSC, Rosatom State Corporation, etc. have long switched to this form of purchasing goods.
Electronic trading involves choosing a supplier. The process of buying and selling takes place through special websites on the Internet.
The law also provides for the sale of the fortunes of bankrupt companies. If you are interested in purchasing property on favorable terms, an electronic auction will come to the rescue.
Electronic auctions, the main goal of which is to receive an order at the state level, are held on federal platforms. Customers who comply with the format of 223-FZ can resort to the form of procurement based on electronic trading.
Advantages of participating in electronic trading
- For entrepreneurs, such a project is convenient because it allows them to maintain anonymity and participate remotely. Each bidder has his own number, which does not allow him to influence the course of the auction. In addition, electronic trading does not involve any paperwork.
- With this form of auction there is no pre-qualification. This means that suppliers do not need to justify the availability of sufficient resources to fulfill the contract. Mandatory provision of participation in the auction is required (5% of the initial bid). If the contract is not fulfilled, the money is lost.
- There are also positive aspects for customers. They have the right to announce one tender and conclude a number of contracts. The site will only charge the winner the fee.
Types
- Auction open type. Participants submit price proposals. The one who can set the optimal price will win.
- Down auction. The customer announces the size of the required services and the highest starting price. Participants offer to fulfill the order at the most reasonable price.
- Upgrade auction. In this case, the winner is the one who puts the highest price. This form of auction is applicable when renting premises or selling property.
It should be noted that a variety of procurements are carried out through electronic auctions.
In addition to the auction, there are such electronic forms as:
- contest;
- request for proposals;
- request for quotations.
The rules for such forms are regulated. The participant is given the opportunity to choose the type of bidding that is suitable for him.
Electronic digital signature
Electronic trading is supported by an appropriate set of documentation. Electronic signature(CEP) is a guarantee that you are not participating in a scam. The CEP has a legal basis.
The signature key corresponds to the trading platforms:
- federal level;
- commercial category, which are components of the Association of Electronic Trading Platforms.
How to participate
- Registration is required initially. At the time of bidding, you must log into the trading platform using an electronic signature.
- At the beginning of the auction, participants have the opportunity to offer their price by filling out a special form on the website.
- Typically the auction lasts 15 minutes. Participants must make their offer within 10 minutes. The end of the auction is marked by the offer with the maximum benefit. It is victorious.
- The customer sets a maximum price and cannot offer anything higher. It is not possible to offer a price higher than that of other participants. The winner is the one who offers the lowest price.
- If the auction winner does not have SRO clearance and documentation permitting participation, the winner will be the participant who turns out to be second.
What do you need to participate in electronic trading?
To participate, enterprises require:
- Presentation of an electronic digital signature certificate.
- Providing an extract from the Unified State Register of Legal Entities, legally certified.
- A document confirming the rights of the certificate owner.
- Installing the necessary software.
- The company undergoes accreditation on trading platforms in electronic form. If you have a signature, this service is offered free of charge. Go to the electronic trading website and fill out the required form and application to open an account. In this case, you must attach all the necessary documentation.
- Not all certified participants are aware of the rules for conducting electronic trading. All the nuances require clarification, so lectures are held every week to give you the opportunity to practice. At the end of the training, the participant receives a certificate.
- Participation in electronic trading must be supported by the presence of a certain amount of funds in the organization’s account. Otherwise, the application is automatically rejected.
- To participate in the competition, you must adhere to the existing regulations when filling out an application. The application is made up of two parts. The first part is subject to review within 5 days. Only after this will a decision be made on the organization’s participation in the competition.
- The second part of the application is subject to consideration by the results committee. It takes approximately 6 days to process them.
Which electronic platform to choose
Electronic platforms come at the commercial and federal levels. The first type is represented by a wider range.
- In order to be a supplier to commercial customers of Rusnano, Rosatom State Corporation, Gazprom OJSC, you need to use the platform that deals with this type of trading, Fabrikant, B2B-Center, TZS Electra, etc.
- To purchase the property of bankrupt companies, they resort to using Sberbank-AST, Russian Auction House, uTender, SELT, etc.
- State-level sites have gained a high level of popularity among businessmen. Purchases of this nature are ranked among the most profitable by businessmen.
Commercial sites are divided into:
- Specialized, serving the needs of a number of companies. For example, Gazprom’s electronic platform sells petroleum products.
- Multidisciplinary, offering a wide range of products and services. These platforms allow you to be both a customer and a supplier. No restrictions are imposed.
- Large corporations that are interested in selling their products use Supplier-driven.
- There are also sites of an intermediary nature. Their main goal is to bring together those who buy and those who sell. They belong to the Third-party-driven category.
Commercial sites do not require accreditation and sometimes do not even require an electronic signature.
How to participate in electronic auctions "Sberbank AST"
In the function of Sberbank CJSC - Automated system bidding" includes the sale of property of companies classified as bankrupt. These include companies whose total debt is more than 100,000 rubles if they fail to pay within 3 months after the arbitration ruling. Debt amount individual entrepreneur should not exceed 50,000 rubles.
After a company or entrepreneur is granted bankrupt status, his property is seized.
After a court verdict is issued, the property is subject to valuation. Then select the start date for the sale.
The following are sold on the Sberbank-AST site:
- residential or commercial real estate;
- production equipment;
- Cars;
- special purpose equipment;
- land plots;
- antiques;
- precious items.
To participate on the Sberbank - AST platform, please get accredited, and also become the owner of an electronic signature.
The application is reviewed within five days.
The deposit for participation in trading on the platform should not exceed 20% of the price of the lot. It is due before the results of the auction. Individuals use a card account. Deposits are not applicable.
When paying the amount to the bank, receive a confirmation receipt, scan it and send it to the competition manager. This fee is refundable 5 days after the winner is announced. It is not subject to return if the application for withdrawal was submitted after the start of the auction or a deviation from the regulations was noticed after winning the auction.
A package of documents is also provided.
Legal entities are required to provide:
- Scans of notarized copies of the Charter documents and certificates of registration and tax registration.
- Extract from the Unified State Register of Legal Entities.
- A protocol drawn up by the general director giving the green light to the transaction.
Individuals are required to provide:
- A copy of your passport.
- Tax registration certificate.
- Statement of the consent of one of the spouses to enter into a transaction.
- if individual has no family, a supporting certificate is also required.
After providing the proper documentation, we proceed to filling out the application.
Individuals must submit:
- passport details;
- registration information.
Legal entities provide:
- company name and type of organization;
- the company's postal address and telephone numbers are also required;
- providing information about interests in the property of the debtor/creditor and their participation in the capital;
- proposal regarding the value of the enterprise (if the bidding takes a closed form).
The entrepreneur monitors the bidding process and offers his bids. The auction website page is subject to self-updating. Or you can use the automatic update form.
The system sets a price indicator equal to 5% of the indicated cost. The step with the minimum value is 0.5%.
You can use the services of an auction robot that automatically submits bids for each new proposal from participants. All offers during the auction are subject to assignment of a serial number in accordance with the sequence of their receipt.
An offer sent from a PC is marked with a star. It is recommended to record the progress of trading from the screen in order to prove to the FAS that the computer is malfunctioning in the event of an Internet failure. Record the exact time of the failure.
Recording time is extremely important. If the exact time is provided, trading is stopped until Sberbank-AST electronic transactions are resumed.
After the end of the auction, you can submit an additional bid on the website. There is a struggle between the auction participants for possession of the second place, which makes it possible to buy out the property of a bankrupt company in the event of the refusal of the deal by the owner of the first place.
When taking part in state-level tenders haste is not the best adviser. Every day a lot of interesting offers are launched in Russia. It is wiser to skip a proposal that does not inspire confidence and implement better preparation to the next proposal.
There are situations of a different nature. Offers that are interesting for your company arise in parallel. Apply for everything at once.
The results of trading on electronic platforms are recorded. After its publication, each bidder has the right to enter a written explanation of the result. If you are dissatisfied with the explanations, you have the right to appeal the results of the auction by filing an official statement of complaint with the FAS.
If you are the winning bidder, you will receive a draft contract drawn up electronically and certified with an electronic signature.
Russian civil legislation determines the possibility of concluding contracts through tenders. The essence of bidding comes down to pre-established conditions for the fulfillment of obligations, according to which bidders, on the principles of competition and equality, offer their conditions. The auction organizer identifies the winner among such participants and concludes a deal with him on the proposed and predetermined conditions. Part 4 of Article 447 of the Civil Code of the Russian Federation establishes the main types of bidding and includes auctions and competitions, which can be either open or closed. But it is also clarified that other types and forms of bidding may be established by law. Considering that meeting state and municipal needs is inevitably associated with the expenditure of budget funds, Law 44-FZ establishes additional types of tenders that allow customers to carry out state and municipal procurement as efficiently as possible. Naturally, not all purchases can be carried out through tendering; in such cases, purchases are made directly from a single supplier. In all other cases, customers use different classification and types of trading, which we will consider in detail in this article.
The Law on the Contract System provides for the following types of tenders:
- competition, which in turn is divided into open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition;
- auctions, which are of two types: electronic auction and closed auction;
- request for quotation,
- request for proposals.
From the above, I would like to note that currently types of electronic trading are represented only by electronic auction. In the near future, it is planned to transfer most types of trading to electronic form.
This classification and types of tenders significantly expand the customer’s procurement capabilities, since, depending on the procurement object, the customer chooses a form of tendering that will satisfy state or municipal needs as fully as possible. For example, purchasing the organization of children's recreation and their health can be carried out in the form of an open competition, where the main criterion for the participant will not be the price offered to him, but his qualifications. Thus, the risks of identifying an unscrupulous winner, who can cause more harm than good, are reduced.
Contest
From the above, it can already be determined that a competition is a form of procurement that is applied to complex and socially important procurement objects. And it’s not without reason that this type of trading contains so many varieties. But their essence is approximately the same, the winner is determined according to several criteria, varying degrees importance. There are two groups of such criteria: cost and non-cost criteria. And in turn, if the group of cost criteria includes only the contract price, then the group of non-cost criteria includes the costs of operation and repair, functional, quality, and environmental characteristics, as well as the qualifications of the proposed procurement participants. The customer, at his discretion, sets at least two criteria (more are possible), one of which must be the contract price. At the same time, for some types of procurement, the Government in Resolution No. 1085 established maximum values for the significance of such criteria for assessing participants’ applications. The same resolution also establishes the procedure for evaluating participants' applications.
Auction
Unlike a competition, in an auction the winner is determined only by the criterion of the price offered by such a participant. By general rule The winner is the participant who offered the lowest price if the auction was initially for a reduction. But there are also exceptions. So, if the participants negotiated up to 0.5% of the NMCC, then in this case, according to Law 44-FZ, the type of auction changes to an increase for the right to conclude a contract. The winner in this case is the participant who offered the highest price. And a contract with such a participant is concluded only after he pays this price. Also, if two participants offer the same price, the winner is the participant who made his offer earlier. The advantage of an auction over a competition is that determining the winner is much easier, making the procedure itself faster. An important factor in the popularity of auctions under Law 44-FZ in modern Russia is to conduct open auctions only in electronic form. Distinctive feature This type of bidding is that a significant part of the functions for conducting such a purchase is transferred from the customer to the operator of the electronic platform on which applications from participants and the bidding procedure itself take place. This, combined with the factors mentioned above, makes the types of electronic trading the most popular among customers.
Request for quotation
This type of bidding combines elements from both the competition and the auction. So, the winner is the participant who offered, as in an auction, the lowest price. But unlike an auction, the form and method of submitting applications is more similar to a competition. Applications by participants are submitted in envelopes and contain a price proposal. Unlike an auction, participants do not trade in real time and do not evaluate their offer relative to competitors. A special feature of the request for quotations is also established by law 44-FZ restrictions. The customer cannot request quotes from NMCC above five hundred thousand rubles. Also, the total amount of such purchases should not exceed ten percent of the customer’s total purchases per year.
Request for proposals
A request for proposals is an innovation of the Law on the Contract System, which differs from other types of tenders in that participants offer their proposals, which are disclosed by the customer at a designated time. After this, participants have the right to submit their final proposal within one day. Thus, this method of procurement is very similar to a request for quotation, only in this method bidders see the proposals of their competitors and can change their final proposal taking into account this information. At the same time, the request for proposals has no restrictions on the request for quotations, but this type of bidding can only be carried out in cases strictly defined by law.
Other types of trading
Not only state and municipal customers carry out their purchases through tenders. This method concluding an agreement is also very common among commercial organizations, since it allows you to identify the most successful business partners. Also, customers who carry out their purchases in accordance with Law 223-FZ are free to independently determine the types and forms of tenders, which has given rise to completely different types trades, sometimes very exotic. But the general requirements for types of tenders are primarily determined by the Civil Code of the Russian Federation, which stipulates that tenders can be open and closed. This classification is determined by the degree of access of participants to them. And if anyone who meets the established requirements can take part in open tenders, only participants determined by the customer are involved in closed tenders.
Having examined the concept and types of trading, I would like to additionally note that their diversity is not limited to those discussed in this article, but we have covered the main and key types of trading in Russia in detail.
The following types of trading are implemented on the ZMS electronic trading platform:
- Contest;
- Request for proposals;
- Auction;
- Request for prices (quotations);
- Interest in purchasing.
When implementing the electronic trading platform "ZMS", as well as during its use, types of trading procedures with any names can be implemented based on basic procedures, such as competition, auction, request for prices and interest in procurement. For example, an auction can be called a reduction auction, then it will not fall under the Civil Code of the Russian Federation and you will not be obligated to enter into an agreement with the winner of the electronic auction if it does not suit you in some way.
Competition (request for proposals)
A competition is a bidding procedure in which participants’ proposals are evaluated according to several criteria. The competition is held in accordance with Articles 447 and 448 of the Civil Code of the Russian Federation.
A request for proposals is the same as a competition, but it does not fall under the Civil Code of the Russian Federation, therefore it does not oblige the Customer to enter into an agreement with the winner, and can also have any deadline and can be canceled at any time.
The competition and request for proposals can be:
- Open or closed;
- With or without rebidding;
The criteria could be:
- measurable (for example, price, delivery time);
- expertly assessed (for example, the experience and reputation of the supplier, functional characteristics).
We highlight the following evaluation criteria:
|
Criterion |
Evaluation method |
|
Price of goods, services |
Measurable |
|
Maintenance cost |
Measurable |
| Terms of payment |
Expert review |
|
Cost of operation |
Measurable, expert assessment |
|
Price changes during work |
Expert review |
|
Delivery time |
Measurable |
|
Supplier's production capabilities |
Measurable, expert assessment |
|
Delivery method |
Expert review |
|
Sanctions for missing the deadline |
Expert review |
|
Shelf life |
Measurable |
|
Quality guarantee period |
Measurable |
|
Supplier experience and reputation |
Expert review |
|
Scope of quality guarantee |
Expert review |
|
Functional, quality characteristics of the product (service) |
Expert review |
|
Product service life |
Measurable |
|
Possibility of warranty repair |
Expert review |
When holding a competition, rebidding may be used. Rebidding is especially often used on electronic trading platforms for energy companies. Its implementation is provided for by the S-UES ZD procurement standards developed for RAO UES, which are currently used by the majority of energy enterprises. Rebidding is carried out among bidders whose proposals satisfy the conditions of the competition and are determined by the competition commission to be the best.
The ZMS electronic trading platform provides for two types of rebidding:
- One-time submission of a price proposal;
- Electronic auction to reduce prices.
Auction
An auction is a method of electronic trading in which proposals are evaluated only by price. This method is used when purchasing standard goods and services with predictable quality.
In order to avoid mandatory compliance with the norms of Articles 447 and 448 of the Civil Code of the Russian Federation, when creating an electronic trading platform, this electronic trading procedure can be called not “auction”, but for example “reduction”. Thus, you will avoid the mandatory conclusion of a contract with the winner, and you will be able to cancel the procedure at any time.
When creating an electronic trading platform based on the ZMS software product, you can flexibly configure the rules for conducting electronic procurement auctions. Electronic auctions can be with a fixed step, having a relative value (percentage of the original cost), an absolute value (fixed amount), with free submission of price proposals, with a variable step.
The timing of the auction can also be adjusted flexibly. An electronic auction may end after a specified time has passed from the start of its holding, from the submission of the last application, or when one of these conditions occurs.
An electronic auction can be:
- Open or closed;
- With or without pre-qualification;
- With or without the use of an electronic digital signature.
Request for prices (request for quotation)
This procedure is usually used when it is necessary to quickly purchase an inexpensive standard product (service) with predictable quality. With this procurement method, participants' proposals are evaluated only by price, and the price proposal is submitted by participants once.
Request for prices can be carried out with or without the use of an electronic digital signature.
Interest in purchasing
This procurement procedure does not involve evaluating participants’ applications and selecting a winner. Basically it's just a collection commercial offers. However, it is possible to make an offer to make offers on the basis of this procedure, that is, the winner will be obliged to conclude an agreement on the terms specified in the offer. This procedure can also be used to study the market before announcing another procedure, such as a tender or auction.
