In the article, we will consider what trading support is.
With participation in public procurement, many entrepreneurs are not ready to do it alone. The Internet presents many proposals for supporting tenders and promises of imminent success.
In fact, a tender is a competitive type of selection of offers for the provision of services, delivery of goods or performance of work according to the conditions announced in advance in the documentation, on the principles of fairness, competitiveness and effectiveness and on time.
A contract is concluded with the winner of the tender, and it is the participant who submitted the proposal, which meets the requirements of the documentation on the best conditions. Bidders do not have access to the terms proposed by competitors.
In everyday speech, the tender can be an analogue of the terms "bidding", "competition", "auction".
Open and Closed Bidding
Trading in Russia is divided into closed and open, can be carried out in two stages or in one, in the form of an auction or competition. Bidding, which is carried out for state needs at the state order, is always carried out in one stage.
How is full support for participation in tenders in the 44 and 223 federal laws?
Legislation on the placement of municipal and state orders is controlled by Federal Law No. 44 and Federal Law No. 23, which provide for other methods of procurement other than bidding — this is a request for quotations at which the maximum price of the contract is not more than 500,000 rubles. At the same time, the volume of purchases per year, carried out by means of a request for quotations, should not be more than 10% of the total volume of purchases of the customer per year and not more than 100 million rubles.
Why is trading support necessary?
Procurement in the contract system is a multicomponent chain of various legal stages. Possible errors in this process can lead to significant losses of time, financial profit and - very important - the reputation of the company. Therefore, to know the rules established by law is extremely important. According to statistics, the methods for determining the supplier are as follows:
- using electronic auctions;
- supplier unity;
- in open competitions;
- Quotation requests
- other options.
The process of bidding support is a complex procedure regulated by law with various pitfalls and nuances. To achieve success, one should take into account the requirements and norms of legal documents and rely on the experience available in this direction.
Most organizations that submit tenders do not have their own employees with a high level of competence in such matters. For this reason, management prefers to use the services of bidding support provided by other, independent firms.
If necessary, the entrepreneur will receive assistance in obtaining (or reissuing) an electronic signature, accrediting a company on electronic platforms of interest, installing the necessary software on a computer and analyzing its competitive advantages. Search support services, preparation and submission of an application for participation, study of documentation, assistance in obtaining a bank guarantee or loan, legal and legal support are also considered tender support services.
What prevents to participate in contests directly?
Many organizations do not seek to bid on their own for several reasons:
- a large number of regulatory and legislative documents;
- strict requirements for the contestants;
- constant changes in the regulations of this procedure;
- a large amount of necessary documentation.
Organizations involved in the support of tenders have the necessary knowledge in the legislative sphere and can correctly apply the laws. Cooperation with such companies helps to significantly reduce possible risks and form the necessary strategy for participation in such a procedure. In addition, this minimizes contentious issues.
Tender support of tenders and outsourcing
This service may differ in short-term nature. Who may need tender outsourcing? Such a service may be required:
- organizations with no experience in bidding;
- companies that do not have employees involved in auctions and tenders;
- firms that need a one-time preparation service for the tender;
- organizations that regularly use outsourcing support for all types of activities that do not match their profile.
Local and comprehensive support
Trading support services can be local and complex (full). The stages of the complex type are:
- the procedure for finding the necessary event on special sites;
- registration of the application, the formation of a package of documents;
- passing auctions and tenders on behalf of the customer;
- registration of electronic signatures;
- loan assistance for a tender;
- electronic accreditation of the company;
- consultations on organizational, technical and legal issues;
- preparing employees for tender activities.
Comprehensive tracking of company tenders may include both some of the above services and their full range. It all depends on the financial potential of the customer and the qualifications of the company.
Local bidding support may consist of:
- a one-time service that solves a specific problem;
- the regular provision of only one service (for example, reissue of a digital signature).
Legal support - what is it?
This is a set of measures aimed at legal support in bidding and protecting the interests of the customer.
The list of services on legal support of tenders:
- Help in finding orders on the trading floors.
- Consideration of tender documentation in accordance with applicable laws.
- Analysis of the conditions of the tender and the feasibility of participation in them.
- Preparation and submission of bids for bidding in accordance with the requirements.
- Understanding the possibility of fulfilling such conditions.
- Monitoring the correctness of the bidding.
- Appealing the results of tenders in the presence of offenses during their conduct.
- Representation of interests in court in any disputes related to violation of tenders.
- Studying the contract and advising on its points until the conclusion of the contract.
- Supervision of the auction and its results.
- Resolution of any issues arising after their completion.
Types of services of lawyers for bidders and customers
Such services to support the bidding are:
- legal examination of applications;
- preparation of documentation necessary for the tender;
- legal examination of tender documentation;
- support for the placement of municipal and state orders, antitrust auctions;
- representation in resolving disputes arising between participants in placing orders and customers (in the FAS, in court);
- development of internal documentation on the implementation of antitrust bidding, placing orders;
- legal advice on the problems of regulating the placement of orders, the implementation of antitrust tenders.
Upon agreement with the customer, the company’s lawyers can carry out subsequent legal support for the execution of municipal and state contracts, agreements concluded based on the results of tenders in electronic form.
Advantages and disadvantages of the service
The list of advantages of execution of contracts for bidding support include:
- freeing up time from full-time specialists to perform basic functions;
- lack of errors in the tender documentation;
- lack of need to keep an organization employee who specializes in competitions.
The disadvantages of bidding support include:
- high cost of outsourcing tenders;
- the customer also has to prepare the necessary documents for bidding;
- there is no one hundred percent guarantee that victory will be won in the competition.
Criteria for choosing a company for cooperation
Choosing an organization to conclude an agreement to support tendering, you need to pay attention to certain aspects. It is very important not to contact scammers. Unscrupulous firms have these features:
- provision of false guarantees;
- lack of information about their own customers;
- price reduction;
- too short time for work;
- offer only comprehensive services, without the provision of individual services;
- paperwork too fast.
The above characteristics are different organizations that do not have sufficient experience and skill level. Collaboration with them - the likelihood that the organization will be exposed to various kinds of risks, which may result in administrative, civil or even criminal liability.
Too low a price for services should also cause increased attention. Companies that have already participated in such procedures know the complexity of the service and how many specialists will have to be involved in the work to achieve a successful result.
Cost
The price of this service consists of a whole combination of events. Typically, organizations provide customers with a price list for such services. On average, the cost starts from 15-20 thousand rubles for the support of tenders for one month. However, you must understand that the final cost will be determined by the individual characteristics of the tender, depending on the tasks of each client. If interest in tenders at the customer organization arises infrequently, is of a short-term nature, then tender support will be very helpful.
So, we examined how the support for participation in tenders goes.