In the everyday life of modern entrepreneurs, such concepts as “ tender” and “public procurement ” are often used. The terms can be seen in the press, heard on television. Meanwhile, the attitude of many businessmen to them is different. Some entrepreneurs do not want to mess with budget funds. Others, on the contrary, consider participating in tenders and public procurement a good tool to increase sales and expand the market for sales of their goods and services. Next, we will examine in more detail what public procurement is.
general characteristics
Public procurement - is the acquisition of products, services, works to ensure municipal or state needs.
The state constantly needs various products. They can be very different: from stationery to industrial facilities. Procurement is being undertaken to meet all these needs . To ensure state and municipal needs budget funds are allocated. Suppliers are selected on a competitive basis.
Normative base
Currently, public procurement is regulated by a special federal law - 44-FZ. In addition, normative regulation is carried out by other legal acts adopted in accordance with it.
According to the provisions of the Law "On the contract system in the field of public procurement", all information about orders is placed in the UIS - a single information system. The information contained in it is open to all interested parties. Interesting information about suppliers, public procurements , customers can be obtained for free.
Types of purchases
There are 11 of them in the Federal Law "On Public Procurement ". Moreover, all of them can be combined into 2 groups: competitive and non-competitive. The former suggest bidding, the latter not.
The competitive types of the Federal Law "On Public Procurement " include:
- Electronic auctions.
- Open contests.
- Requests for quotes.
- Limited Contests.
- Request for proposals.
- Two-stage competitions.
Closed government procurements are also competitive . This is a separate category of competitions in which specific conditions for participation are established.
Non-competitive purchases from one supplier are considered.
Statistics
Currently, electronic auctions have gained the most popularity. They account for about 57% of total public procurement. This is due to the active use of digital technology in all economic sectors.
13% falls on open tenders, 22% - on purchases from one supplier.
Subjects
The main participants in public procurement are :
- Customers They are federal, regional, local authorities.
- Suppliers. They can be any legal entity or individual entrepreneur that meets the requirements of the law.
Procedures
The main stages of public procurement for the customer include:
- Choice of event form.
- Formation of documentation. It provides a detailed description of the requirements for suppliers and products / services. Be sure to indicate the time, cost, quality.
- Competition.
- The choice of artist.
- The execution of the contract.
Public procurement for the artist looks a little different. First, he needs to find an order that he can fulfill. After that, the contractor draws up the documents and provides them to the tender commission. When winning in procurement, a contract is concluded with him.
Contest
In order for the manufacturer to win it, it is necessary to offer the best conditions for the execution of the order. Competitions are closed and open.
Information about the conditions of the event is posted in official publications, as well as on the website of public procurement. Contractors may submit applications on paper or in electronic form.
Each manufacturer is given the opportunity to submit one application for the competition. Moreover, it may be canceled or withdrawn by the contractor before opening the envelope.
If no application has been received for the competition, it will be declared invalid. Similarly, the customer may act upon receipt of documents from only one manufacturer. However, in this case, this participant may be recognized as the only winner. Accordingly, the competition will be retrained.
The tender documentation sets the date on which envelopes will be opened. This procedure is carried out by members of the commission. Then they compare the conditions offered by the performers and choose the most favorable ones. Decision-making is carried out within 20 days.
Criterias of choice
To determine the winner in the application is evaluated:
- Contract value.
- Performance quality options.
- The cost of servicing products.
- Deadlines.
- The duration of the warranty period.
After choosing an executor, the commission draws up a protocol. It is posted on the public procurement website. After 10 days, a contract with the winner is drawn up. The remaining participants are entitled to appeal the results.
Auction
It can also be closed or open. Within the framework of the auction, the contractor is selected, who has offered the most favorable cost for the implementation of the order.
Information about the auction should be posted in official sources 20 days before the start of the auction. Manufacturers submit applications according to the same rules that are provided for competitions.
During the auction, the initial value of the order is reduced. The reduction threshold is 5%. The winner is the one who offers the lowest price. That is, one participant in the application offers a cost of 5%, and the other - 15% below the initial one. Accordingly, the latter wins.
The execution of the contract is carried out 10 days after the minutes of the meeting of the commission are placed in the UIS.
Electronic auction
To participate in it, suppliers must be accredited on the official website of the customer. For this, the contractor must send the operator all the necessary documentation, drawn up in accordance with the requirements of the law.
Applications are processed within 5 days. After this period, the subject receives either accreditation or refusal. The filing of documents is given, as in previous cases, 20 days.
The application consists of two parts. In accordance with the first, the commission makes a decision on the admission of the subject to the auction. The event itself is held on a special online platform.
To win, you must also minimize the initial price. For an electronic auction, the reduction step is 0.5-1%.
Bans
The actions of the participants are to some extent limited. In particular, it is not allowed:
- To expose such a performance cost that has already been voiced by someone else is equal to the original price or even zero.
- Offer more than two times the same price.
To voice the cost is given 10 minutes. If after this time no new offers arrive, the winner is the participant who indicated the cost last.
Request for quotes
This type of public procurement is provided for the selection of the contractor, the cost of which is not more than 500 thousand rubles. To carry out the request, the customer should post information about those goods or services that he needs. The winner will be the performer who offered the lowest price.
You can apply within 7 days. If the order amount does not exceed 250 thousand rubles, then only 4 days are allotted for this.
The contractor can send only one application. However, it cannot be changed after sending. For consideration of the documents of the commission 1 day is allotted.
The protocol is published on the customer’s website. The contract is concluded after 7 days.
Benefits of Public Procurement
Among the main advantages of participating in such events are the following:
- There is no need to spend money on advertising your products.
- You do not need to attract a large number of people to participate.
- As a rule, purchases are carried out in electronic form. This contributes to the expansion of the market.
- Virtually no competition.
- The contractor can predict customer demand.
- You can take part in public procurement with a minimum of funds.
Additionally
The value of public procurement has only recently increased. This is due to the fact that the state and municipalities are the largest consumers. At the same time, we can talk about large-scale deliveries, for example, for the needs of defense structures, or about ensuring the work of relatively small organizations (schools, preschool educational institutions, etc.).
Meanwhile, all purchases, regardless of their scale, should be organized and carried out strictly in accordance with the law. In order to avoid problems with the execution of contracts, enterprise specialists should constantly monitor the latest changes in the regulatory framework. In addition, it is necessary to take into account the industry characteristics of orders, to have the skills to work with various electronic systems.
Particular attention should be paid to the procedure for appealing the results of the examination of applications.
It is advisable for the manager to appoint a person responsible for the formation of the documentation and forwarding it to the tender or auction. This employee should be well versed in all the intricacies of the process. His tasks may include constant monitoring of the most suitable orders for the company.
In the field of public procurement, the ability of performers to meet deadlines is of great importance. In some cases, it happens that the winner evades the conclusion of the contract. In such situations, sanctions are applied to performers.