Each entrepreneur once thinks about such a serious and reliable client as the state, contracts with which are concluded based on the results of certain procurement procedures (tender, auction, request for quotations, request for proposals). In other words, everyone has the opportunity to conclude such a contract. You just need to go through the selection and offer the best price and other conditions for the execution of the order. This article will talk about the requirements for bidders. What documents are drawn up and submitted for participation. How everyone can take part in the procurement and compete for the state contract.
Who can participate?
A procurement participant is any interested person, whether it is an organization, individual entrepreneur or citizen, who wants to become a supplier of necessary goods for the state or a contractor for work or services. Information on state needs is open and is provided free of charge through the official website of the Unified Information System in the field of procurement.
To whom is public procurement restricted?
Unambiguously cannot claim to conclude a contract with the state offshore companies, that is, those that are registered, for example, in Liechtenstein, Monaco or the UAE. A complete list of such states and territories can be found in the order of the Ministry of Finance of Russia dated 13.11.2007 No. 108N.
For all other potential participants in the purchase, there are no unavoidable obstacles, it is enough to meet simple and understandable requirements.
Basic requirements for participants
You can highlight the basic requirements that apply to all participants:
- the organization should not be in liquidation or be declared bankrupt;
- administrative suspension of activity shall not apply to the procurement participant;
- the procurement participant must not have tax debt (including taxes directly, as well as fees and other obligatory payments) that would exceed 25% of the carrying amount of its assets;
- the procurement participant should not have a criminal record for economic or corruption crimes, for example, illegal business or giving a bribe;
- the organization should not be held administratively liable for unlawful remuneration on its behalf;
- There should be no conflict of interest between the procurement participant and the customer.
The considered requirements are presented in all purchases without exception.
No documents are required to confirm compliance with these requirements. The procurement participant in a free form declares its conformity with them, and if the procurement is carried out in electronic form, such a declaration may consist of putting a mark in the appropriate field on the electronic site.
It is interesting that the customer is not even obliged to check the participant's compliance with the basic requirements, but can do so at his own discretion. Nevertheless, it is necessary to understand that the revealed non-compliance with the requirements of the procurement participant is the basis for his suspension from bidding or refusal to conclude a contract with him. The contract will be surely terminated by the customer unilaterally.
For a procurement participant, this will mean the inclusion of unscrupulous suppliers in the register, which will effectively deprive him of the opportunity to participate in procurement for two years.
By the way, the requirement of the lack of information about the participant in the RNP is also not mandatory and is set at the request of the customer.However, in practice, they willingly use this right of theirs and do not allow bidders with a dubious reputation to bid.
In some cases, participation in the procurement may require a license for the corresponding type of activity (for example, passenger transportation) or exclusive intellectual property rights, if it is the subject of procurement. Then, as part of the application, it is necessary to submit, respectively, a license or other documents.
Additional requirements for bidders
Additional requirements may apply in tenders (with limited participation and two-stage) and auctions.
In particular, they are established when a procurement participant objectively requires appropriate qualifications, experience, the availability of personnel and material resources to execute a contract. An example is the large supply (over five hundred thousand rubles) of food, the organization of children's vacations, construction work at especially dangerous and unique sites, and others.
A complete list of cases, additional requirements and supporting documents can be found in Decree of the Government of the Russian Federation of 04.02.2015 No. 99.
As a rule, an additional requirement is the presence of experience in the execution of a similar contract. For food supplies, for example, it must be executed within the last 3 years, and its price should be at least 20% of the marginal cost of the contract that the participant intends to conclude. To confirm your experience, you must provide copies of a previously executed contract and copies of acts, invoices, invoices and other documents that indicate that the goods have been accepted.
When purchasing certain types of work, for example, preserving the cultural heritage of the peoples of Russia, in addition to having experience, it is necessary for the procurement participant to meet the requirement for the availability of resources that will ensure the proper execution of the contract on time (for example, real estate, machinery, equipment and others). You can confirm its presence by extract from the Unified State Register of Enterprises, a list of technological and other equipment, copies of inventory cards in the form of OS-6 and other documents that confirm the availability of material resources from the procurement participant on any legal basis.
Procurement restrictions
As already mentioned, as a general rule, access to participation in the procurement is equally open to all interested parties. However, the legislation on the contract system allows for certain exceptions that may put the procurement participants in an unequal position or even not allow some of them to take part in a particular procurement.
National Procurement Regime
The national regime implies regulation of the conditions for the participation of foreign companies in procurement and restrictions on the supply or creation of competitive conditions for goods and services that have domestic counterparts. For example, purchases of foreign software are prohibited. Delivery is possible only with the confirmed absence of Russian analogues.
Restrictions and conditions of admission, in contrast to the ban, do not exclude the participation in the procurement of suppliers of imported goods. However, it should be understood that domestic products for the customer will be a priority. In addition, admission restrictions imply the rejection of an application with a proposal for products of foreign origin, if there are competing offers from Russian manufacturers.
In particular, access restrictions are set for medicines, medical devices, radio electronics and a number of other goods.
Participation in the procurement of certain types of organizations
Firstly, a number of tenders are held exclusively for SMP and SONO, therefore, only they are the participants in the procurement.
Secondly, there are lists of goods, works and services, by purchasing which the customer is obliged to provide price preferences to organizations of persons with disabilities, institutions and enterprises of penal correction systems.The participation of other persons in the procurement is not excluded, however, it must be understood that price competition in this case will be unequal.
In any case, all information about the conditions, including restrictions on participation, is open for review to anyone. The procurement participant can take this into account when deciding on the advisability of participating in a particular tender.
Separately, it is possible to single out purchases that are conducted in a closed way, and you can take part in them only at the invitation of the customer.
Technical features of participation in the procurement
According to statistics, about 60% of purchases are carried out in the form of an electronic auction, and from 2019 all purchases will be carried out in electronic form. Exceptions will be very rare. Thus, now a direct road to electronic platforms is open to all potential participants. In this regard, to participate in the purchase you will need:
- electronic signature (can be obtained at any of the certification centers);
- accreditation on the electronic site.
Regarding accreditation, it is worth paying attention to the following feature. Until 2019, accreditation at each individual electronic site is carried out by its operator at the request of the participant.
From 2019, each participant will first need to register with the EIS, and subsequently, on the basis of registration data, ETP operators will automatically accredit the participant at their sites.
If the participant managed to get accreditation before 2019, then he can continue to participate in procurements without registering with the UIS, however, by 2020 such registration will still be necessary.
How to take part?
To do this, the participant needs to prepare an application and send it to the operator of the electronic site or the customer. Since paper procedures are a thing of the past, it makes no sense to consider the requirements for the formation of applications for them (firmware, numbering, inventory of documents, sealed envelope, and so on).
In most cases, now applications of procurement participants are submitted in the form of electronic documents, the content of which depends on the type of procurement procedure.
Application for participation in the request for quotes
Composition: proposal of the procurement participant about goods, works or services, as well as the price of the contract.
Content:
- consent to the execution of the contract on the terms stated by the customer;
- characteristics of the goods that are the subject of delivery or will be used for work or services;
- information about the participant (name, location, phone number and other);
- participant declaration.
Application for participation in the auction
The auction application consists of 2 parts, which ensures the anonymity of bidders (this is extremely important) directly during the bidding process.
The content of the first part:
- consent to the execution of the contract on the terms stated by the customer;
- an indication of the country of production and characteristics of the goods that are the subject of delivery or will be used for the production of works (rendering of services).
The content of the second part:
- information about the participant;
- declaration and documents confirming the compliance of the procurement participant with the requirements of the customer (if necessary);
- documents on compliance of the goods, work or services with legal requirements (for example, certificates).
Additionally, documents on compliance of goods with import substitution measures may be included in the second part of the application. As well as documents and declarations giving the right to receive benefits or participate in the purchase as a whole.
Thus, most purchases are available to all interested parties, and participation in them does not present any difficulties. It is enough to pick up a tender, according to the requirements of which the participant himself is suitable and what he is ready to offer the customer. Then it remains only to apply for participation and conclude a contract if the offer is the best.