Tender, auction, competition, bidding: general and specific. What is the difference between an electronic auction and an open competition Electronic auction and competition difference

WHAT IS THE DIFFERENCE BETWEEN TRADES AND QUOTATIONS?

Our answer: Bidding includes procedures such as auctions and competitions. These procedures differ from the request for quotes in their greater transparency, publicity, longer procedures, methods for determining the winner, etc. For more details see chapters 2, 3, 4 Federal Law dated July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

WHAT DIFFERS A COMPETITION FROM A REQUEST FOR QUOTES?

Our answer: A competition is an auction in which the winner is the person who offered Better conditions execution of the contract. Applications of participants will be assessed by the Customer's commission based on the criteria for evaluating applications for participation in the competition established in the competition documentation on such indicators as functional characteristics (consumer properties) or quality characteristics, qualifications of the competition participant, delivery time of goods, performance of work, provision of services, volume providing quality guarantees, etc. Thus, the price offered by the competition participant will not be the only criterion for determining the winner of the competition.
A request for quotations is understood as a method of placing an order in which the winner is the participant in the order placement who offered the lowest contract price and whose quotation application meets all the requirements established in the notice of the request for quotations.
Also, these procedures differ in the timing.

BIDDING PROCESS AT A GOVERNMENT PURCHASE AUCTION?

Our answer: Before the start of bidding, an “auction step” is announced - a monetary interval by which the price of the item being traded at the auction is reduced. The winner is determined by step-by-step price reduction. The winner of the auction is the person who offers the lowest price.

WAYS TO CONDUCT PUBLIC PROCUREMENTS?

Our answer: An order can be placed:
1) through bidding in the form of a competition, auction, including an auction in electronic form;
2) without bidding (request for quotations from a single supplier (performer, contractor), on commodity exchanges).

GOVERNMENT PROCUREMENT WHAT IS THE ESSENCE?

Our answer: State and municipal procurement is regulated by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.” This Federal Law regulates relations related to the placement of orders for the supply of goods, performance of work, provision of services for state, municipal needs, needs budgetary institutions, including establishing a uniform procedure for placing orders, in order to ensure the unity of the economic space in the territory Russian Federation when placing orders, effective use budget funds and extra-budgetary sources of financing, expanding opportunities for the participation of individuals and legal entities in placing orders and stimulating such participation, developing fair competition, improving the activities of authorities state power and local governments in the field of placing orders, ensuring openness and transparency of placing orders, preventing corruption and other abuses in the field of placing orders.

INTENDED PARTICIPANTS IN THE PROCUREMENT?

Our answer: Anyone can be a participant in placing an order. entity regardless of the organizational and legal form, form of ownership, location and place of origin of capital or any individual, including individual entrepreneur.

WHERE ARE PRIVATE AUCTIONS PUBLISHED?

Our answer: Invitation to participate in closed auction not published. Only those suppliers/performers/contractors invited by the customer can participate in it. Information about the results of a closed auction is also not published.

Electronic auction-What is this?
What is the electronic open auction procedure?

Our answer: In accordance with chapter 3.1. 94FZ: “...an open auction in electronic form for the right to conclude a state or municipal contract means an open auction, the conduct of which is ensured by the operator of an electronic platform on a website on the Internet in the manner established by this chapter.” Currently, an open auction in electronic form (hereinafter referred to as OAEF) is available only to federal customers. From January 1, 2011, it will also become available to other customers of the public procurement system, replacing the “open auction” form. The features of OAEF are that it:
- is carried out remotely, without the presence of Participants, on the website of an electronic platform on the Internet, which the Customer has chosen to conduct the UAEF;
- requires preliminary accreditation on the electronic platform;
- requires the mandatory payment of monetary security for the submitted application for participation in the UAEF;
- has a breakdown of the deadlines allocated for filing applications for participation in the UAEF: for public procurement, whose initial maximum price does not exceed 3 million rubles, the number of days from the date of publication of the notice to the end of acceptance of applications should not be less than 7 days; for public procurement whose initial maximum price exceeds 3 million rubles, the number of days from the date of publication of the notice to the end of acceptance of applications should not be less than 20 days;

Duration and cost of accreditation
How much time and money does accreditation on an electronic platform take?

Our answer: Depending on the conditions of a particular site, accreditation cannot exceed 3-5 working days, depending on the regulations of a specific electronic platform. Accreditation is free.

Difference
Difference open competition from open auction

Our answer: The differences between an auction and a competition lie in the principle of determining the winner. An auction is a form of bidding in which the bidder is interested in obtaining a minimum price, and the winner is determined by a step-by-step reduction in price. Before the start of bidding, an “auction step” is announced - a monetary interval by which the price of the item being traded at the auction is reduced. The winner of the auction is the person who offers the lowest price.
A competition is a form of bidding in which the winner is the person who offers the best terms for the execution of the contract. A competition seems to be the optimal form of bidding when, when concluding a contract highest value have not the cost of goods, works, services, but the conditions and quality of execution of the contract.

competitions
where you can see information about competitions held in 2012. to take part in them. About me: Individual entrepreneur selling tiles and other materials.

Our answer: Information on competitions held within the framework of the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" can be seen on the official website of the Russian Federation for posting information on placing orders http://zakupki.gov.ru/.

holding a closed auction
Good afternoon Please tell me what deadlines are set for holding a closed auction, if the closed auction is approved by Rosoboronzakaz. If possible, in stages. Thank you in advance.

Our answer: Good afternoon Please tell me what deadlines are set for holding a closed auction, if the closed auction is approved by Rosoboronzakaz. If possible, in stages. Thank you in advance.
Good afternoon The auction is regulated by Chapter 3 of Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Law), the specifics of conducting a closed auction are specified in Art. 39 of the Law.
A closed auction is held in agreement with the federal executive body authorized to exercise control over the placement of orders. In this case, the period for such approval should not be more than ten working days from the date of receipt of the application for approval to conduct a closed auction.
The customer, no later than twenty days before the deadline for submitting applications for participation in the auction, sends written invitations to take part in the closed auction to persons who meet the requirements and are capable of supplying goods, performing work, and providing services that are the subject of the auction.
The period for consideration of applications for participation in the auction cannot exceed ten days from the date of submission of applications for participation in the auction. Procurement participants who submitted applications for participation in the auction and are recognized as auction participants, and procurement participants who submitted applications for participation in the auction and were not allowed to participate in the auction, are sent notifications of decisions made by the auction commission no later than the day following the day of signing the specified protocol.
The auction protocol is posted on the official website by the customer, authorized body, specialized organization during the day following the day of signing the specified protocol.
The contract can be concluded no earlier than ten days from the date of signing the auction protocol.
Alexandra
Olya

deadline for consideration of the second parts
When considering the second parts in the case of Part 2 of Article 41.5, how to take into account weekends, for example, an auction on September 22, 2011, when there should be a protocol for summing up the results, will the protocol dated September 26, 2011 be a violation?

Our answer: The total period for consideration of the second parts of applications for participation in an open auction in electronic form with an initial (maximum) contract price not exceeding three million rubles cannot exceed four days from the date of posting the protocol of an open auction in electronic form on the electronic platform. Specifically in your situation, when the auction is held on 09.22.11 (Thursday), the start of the period for consideration of the second parts of applications for participation in the auction begins on 09.23.11 (Friday). The deadline for reviewing the second parts of applications is 09.26.11. The protocol for consideration of the second parts of applications is posted by the customer during the day following the day of signing the protocol, i.e. 09.27.11. Also, please note that the rules for calculating deadlines are specified in Articles 191-193 of the Civil Code of the Russian Federation.

Russian specifics?
What are the Russian specifics?

Our answer: The point is not clear this issue. Due to the fact that your question does not contain any reference to legislation or the procurement form, it is impossible to fully answer your question. At the same time, we draw your attention to the fact that Law No. 94-FZ defines complete equality for all participants in procedures and establishes uniform requirements. The only exceptions to these rules are the benefits directly established in the Law for institutions of the penal system, organizations of the disabled and small businesses and the provision of preferences for goods of Russian or Belarusian origin.

technical specifications
How do the technical specifications of an electronic auction differ from the technical specifications of an open competition?

Our answer: The auction documentation and the Tender documentation must contain the requirements established by the customer, the authorized body for quality, technical specifications goods, works, services, requirements for their safety, requirements for functional characteristics (consumer properties) of goods, requirements for sizes, packaging, shipment of goods, requirements for work results and other indicators related to determining the conformity of the goods supplied, work performed, services provided customer needs.
For more detailed information You can contact the specialists of Tender Documentation Center LLC.

Can a foreign legal entity participate in a competition electronically?
Good afternoon.
I wanted to clarify the following question. Can a foreign company that has neither a branch nor a representative office in Russia participate in an open competition in electronic form?

Thank you in advance.
Sincerely,
Alena Vladimirovna

Our answer: Good afternoon In accordance with Part 1. Art. 8 of the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" any legal entity can be a participant in the placement of an order, regardless of the organizational and legal form, form of ownership, location and place of origin of capital or any individual, including an individual entrepreneur. However, if in order to participate in the procedure it is necessary to undergo electronic accreditation trading platform, then without a registered representative office in the Russian Federation it will be impossible to do this.

Trade transition through zero
Good afternoon. I read the article by T.V. Belenkova. "Selected problems of the process of introducing an open auction in electronic form into the practice of placing government orders.
"
Quote from there: At the same time, in accordance with paragraph 1 of paragraph 18 of Article 41.10 of the Law: “... an open auction in electronic form in accordance with this part is held until the contract price reaches no more than one hundred million rubles,” the price of the state contract presumably should be re-set at the original maximum contract price.
The fact is that we won the right to conclude a contract, but we are forced to conclude it at zero price, although when we won, we understood that the contract would be concluded at the maximum price. Is there a real practice of concluding contracts at the maximum price? It is not yet possible to convince the customer that we are right...

Our answer: In accordance with paragraph 1, part 18, article 41.10 of Law 94-FZ, if during an open auction in electronic form the contract price is reduced to zero, an open auction in electronic form is held for the right to conclude a contract by increasing the contract price until the price is reached contract for no more than one hundred million rubles. When conducting an open auction in electronic form, the participant who made the last price offer is recognized as the winner of the auction and a contract is concluded with him at the proposed price.
At the same time, we draw your attention to the fact that in accordance with clause 1, part 9, article 41.10 of Law 94-FZ, a participant in an open auction does not have the right to submit a proposal for the contract price that is equal to or greater than the proposal for the contract price submitted by such participant in the open auction auction earlier, as well as a contract price proposal equal to zero, thus, when concluding a contract, the price cannot be “zero”.

About the tender
How to implement it?

Our answer: You need to prepare the appropriate documentation and post it on the tender website.
You can find out more by calling us.

Specifics of public procurement
What are the specifics of placing orders for the supply of goods, performance of work, provision of services for state or municipal needs (hereinafter referred to as government procurement)?

Our answer: The specificity of this area is that it is strictly regulated by a special norm - Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter 94FZ) .

The essence of the procurement procedure
What is the procedure for public procurement?

Our answer: In accordance with Federal Law 94, there are several ways to carry out the public procurement procedure. The main division occurs according to the principle: with a bidding procedure and without a bidding procedure. During the bidding procedure state procurements can be done using:
- competition (open competition, closed competition);
- auction (open auction, open auction in electronic form, closed auction).
Without a bidding procedure, public procurement can be carried out using:
- public procurement (up to 100,000 rubles);
- request for quotes;
- placing an order with a single supplier (performer, contractor);
Based on the results of these procedures, a state contract is concluded between the state customer (hereinafter referred to as the Customer) and the supplier (executor, contractor) (hereinafter referred to as the Contractor).

Tender (bidding)

The term “tender”, used in everyday speech, can be an analogue of the Russian terms competition or auction, as well as other competitive procedures, for example, request for quotations, request for proposals. Bidding in the Russian Federation is divided into open and closed, and can be held in one or two stages, in the form of a competition or auction. Bidding carried out for government needs within the framework of government orders is carried out only in one stage.

Legislation on the placement of state and municipal orders (Federal Law of July 21, 2005 No. 94-FZ “On the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs”) also provides for other methods of procurement that are not tenders - this is a request for price quotes - which can be used for small volumes of purchases (less than 500,000 rubles), as well as purchases from a single source, used in cases specifically specified in Russian legislation.

Russian legislation

On July 21, 2005, Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs” was issued, which came into force on January 1, 2006. This law regulates all state and municipal procurement in the Russian Federation, and also introduces a number of mandatory requirements for the publication of information about ongoing procurement on the Internet.

Law 94-FZ does not contain the term “tender”, since it is borrowed from in English by tracing (borrowing the structure of an element of a foreign language) without translating or reflecting it true meaning words. Instead, a more correct term is used, which is present in the legislation of the Russian Federation - open competition. The law also defines such types of procurement as request for quotation, open auction, open auction in electronic form, pre-selection, exchange trading.

On July 24, 2007, Federal Law No. 218-FZ “On Amendments to the Federal Law “On Placing Orders for the Supply of Goods, Performance of Work, and Provision of Services for State and Municipal Needs” was adopted. This law introduced significant changes to the procedures for placing government orders, the list of grounds for procurement using the “single supplier” method was expanded, the procedure for calculating deadlines was changed (from calendar days to working days), etc. Subsequently, Federal Laws No. 257-FZ of November 8, 2007, No. 160-FZ of July 23 were adopted. 2008, No. 225-FZ dated December 1, 2008, No. 308-FZ dated December 30, 2008, No. 323-FZ dated December 30, 2008, No. 68-FZ dated April 28, 2009, No. 93-FZ dated May 8, 2009 and No. 144- Federal Law dated July 1, 2009, No. 147-FZ dated July 17, 2009, No. 155-FZ dated July 17, 2009, and No. 164-FZ dated July 17, 2009, introducing numerous clarifications and amendments to the law. The current version contains amendments that entered into force on July 17 2009 with the release of Law No. 164-FZ (Article 7). Based on materials from ru.wikipedia.org

Types of government procurement

• With bidding
  • Competitions
    • Open competition
    • Closed competition
  • Auctions
    • Open auction
    • Closed auction
    • Electronic auction

Open competition

The competition is held by the customer or his authorized representative. All requirements for the subject of procurement and suppliers, as well as the criteria for selecting the winner and the tender procedure are set out in the tender documentation. Participants in the competition submit applications completed in accordance with the requirements. If only one application is submitted to the competition, it is considered invalid.

During the public procedure for opening bids, the tender participants and their price proposals are announced. The competition commission evaluates all applications and determines the winner - the participant who submitted the most advantageous offer. Negotiations are being held with him to conclude a contract.

If negotiations reach a dead end, the tender organizer conducts them with the supplier who made the next most profitable offer.

Closed competition

A closed competition is held in the following cases:

• products are available only from a limited number of suppliers or a limited number of suppliers have qualifications that suit the customer;
• products are purchased for security needs or the purchase is confidential;
• the time and expense that will be required to review and evaluate large quantity competitive bids are incommensurate with the cost of purchased products.

Open auction

A notice of an open auction is published in the official printed publication and posted on the official website at least twenty days before the closing date for filing applications for participation in the auction. In cases specified by law, notice of an open auction may be reduced to seven working days before the deadline for filing applications.

Bids at an auction can be discrete (with a certain step) or continuous. The auction may consist of several rounds, in each of which participants have the opportunity to make new rate. If no new bids are made at the end of the round, the auction ends.

To confirm the seriousness of the intentions of auction participants, they usually take a non-refundable cash deposit, deposit or other security for bids.

Closed auction

Notice of a closed auction, auction documentation, changes made to it, as well as explanations of auction documentation are not subject to publication in the media or posting on the Internet. The customer, the authorized body, no later than twenty days before the deadline for submitting applications for participation in the auction, sends in writing invitations to take part in a closed auction to persons who meet the requirements of the law, have access to information constituting state secrets, and are able to supply goods , performance of work, provision of services that are the subject of the auction.

Closed auctions are most often used to reduce the customer’s risks, primarily associated with possible collusion among participants. However, the price for this is reduced efficiency.

Electronic auction

Notice of the auction, as well as other information about the progress and results of the auction, is posted directly on electronic platforms.

From July 1, 2010, federal government customers, and from January 1, 2011 - customers from constituent entities of the Russian Federation and municipal customers are required to conduct open auctions in electronic form. In such conditions, it is not known until the end of the auction who is bidding, which ensures competition and reduces the possibility of corruption.

Accredited electronic trading platforms (ETP) for government orders

According to the decision of the Russian Ministry of Economic Development, by January 1, 2010, five electronic trading platforms were selected:

• CJSC "Sberbank-AST";
• OJSC "Unified Electronic Trading Platform";
• State Unitary Enterprise “Government Order Agency of the Republic of Tatarstan”;
• CJSC Moscow Interbank Currency Exchange;
• RTS-tender LLC.

Advantages of electronic auctions

In addition to saving budget funds and reducing the risk of corruption, the UAEF provides wide access to government orders for small and medium-sized enterprises, expanding markets for the goods they produce and services they provide. Among the advantages of electronic auctions, compared to conventional auctions and competitions, are the following:

• Short deadlines;
• Saving budget funds on organizing and conducting tenders;
• Transparency and openness of the procurement process;
• Fair competition, excluding non-price methods of struggle;
• Equal rights for all suppliers of goods, works and services;
• Participation in auctions is possible from anywhere in the world, without leaving your office;
• High level of security and protection, use of electronic digital signatures;
• Accessibility for representatives of medium and small businesses who previously could not enter the area of ​​public procurement.

• To participate in the auction, you need to register on the electronic trading platform and on the day of the auction, go to the auction website using identification tools or digital signature.
• The auction is for price reduction. If the price drops to zero, then it will go up.
• At the start of the auction, the participant can make a price offer within the current auction step, not exceeding the initial (maximum) contract price, using a special form on the website.
• A participant can submit price proposals multiple times.
• Bidding is considered completed if, after 10 minutes from the start of bidding or the last price offer, no proposal has been received from the participant providing a lower price.
• The winner is the participant who offers the lowest contract price.
• The participant who made the next best price offer after the winner is also identified.
• The system automatically generates a protocol with trading results within a few minutes.
• No bidding
  • Request price quotes
    • limit on amount: up to 500 thousand rubles. per quarter for goods/works/services of the same name
    • restriction on goods: there must be an existing market for goods/works/services, customer requirements must be quite general
  • • limit on amount: up to 100 thousand rubles. per quarter for goods/works/services of the same name

Request for quotation

This method is usually used in cases where we're talking about about serial, standard products, for example, about computers, stationery, fuels and lubricants, some types construction work, rental of premises, etc. The winner is the participant who offered the lowest contract price.

The limit for placing an order by requesting quotations at the maximum contract price should not exceed 500,000 rubles.

The method of requesting quotations is the simplest and fastest of the competitive procedures. In this case, there is no need to develop tender documentation and criteria for evaluating applications, and since serial products are most often purchased, the evaluation of quotation applications, taking into account all approvals, occurs in approximately 1-7 days.

The disadvantage of the method of requesting quotes is the ability of interested parties to influence the outcome of the purchase, because All proposed prices are known to the organizers before the deadline for accepting applications.

Placing an order with a single supplier

Purchasing from one supplier is used in the following cases:

• when the product is provided by only one supplier or the equipment is patented and can only be purchased from a single source, and there is no equivalent substitute;
• when extending the concluded contract, if it provided for such an opportunity;
• if the contractor needs procurement key positions from a specific supplier as a guarantee of contract fulfillment;
• in emergency circumstances (liquidation of the consequences of natural disasters);
• if there were no suitable proposals during the procurement using the competitive method.

Auction, competition and request for quotations are integral concepts of modern Russian business practice. They are enshrined in law; the concepts carry different meanings. These terms are united by the fact that these are forms of competition between suppliers. Participants submit their proposals and packages of documents according to pre-agreed conditions. Activities within these concepts are based on fairness and efficiency. However, it is important to understand the differences between an auction, a tender, and a request for quotation.

What is an auction?

The main criterion in the competition between suppliers during bidding is price. Participants' offers are available to everyone, so they can quickly change their price in order to outbid their competitor. Before the start of the auction, an initial maximum price is set, which is indicated in the notice. The cost is reduced by an auction step, which is 0.5% of the customer’s price. The winner of the auction is the one who offers the lowest price.

Initially, auctions were organized for the purpose of selling off debt property, but over time the policy of the event changed. Now you can take part in an auction for the sale of art, antiques, certain goods in foreign trade etc. At the same time, there are such types of auction as direct (English), first price, second price, reverse and “everyone pays” auction. This is considered to be the most transparent form of trading.

Features of the competition

The concept of “competition” is often used in the same context as a tender. Do not forget that tender is not enshrined in legislation; it is a foreign concept. Therefore, it is easier to use the definition of “competition”, which is regulated by the Civil Code of the Russian Federation.

Several suppliers are participating in the competition. The customer needs to choose a worthy candidate, focusing on the terms of the contract. The difference between a competition and an auction is that participants cannot change their conditions during the auction.

Competitions are divided into:

• open: the customer invites everyone to participate;
• selective: after submitting applications for participation, the customer independently selects applicants who will continue to fight;
• closed: the customer sends invitations to a limited number of people.

Bidders don’t know what competitors are offering, which is why it’s so important to carefully prepare documentation. It is recommended to invite specialists to help verify the information and arrange it properly. These are additional material costs that will not be compensated in case of loss, but will significantly increase the chances of winning.

Request for quotation

The criterion for selecting a bidder when requesting quotations is the lowest price. The difference from an auction is in the mechanics of the procedure itself. The request for quotation is published by the state customer and communicated to an unlimited number of participants. Documentation is posted on the electronic trading platform, which indicates the maximum starting price, terms and other conditions. Suppliers prepare a proposal indicating the cost for a given scope of work. The supplier cannot change its terms and conditions.

Request for quotes ranks second in popularity among other forms of placing orders that an electronic platform can offer. In the first position is an electronic auction. At the same time, the Federal Antimonopoly Service has a negative attitude towards the request for quotations, considering it a potentially convenient procedure for corrupt officials.

Thus, in an auction, price is the determining factor, and suppliers have the opportunity to change their offer. During the competition, suppliers do not have the opportunity to familiarize themselves with the competitor’s documentation and influence the price, while the customer takes into account not only the cost factor, but also the reputation of the supplier and the quality of the product. Request for quotations is carried out in short term, the lowest price wins, and participants cannot change the original price.

If the purchased goods (work, services) are included in the List approved by Order of the Government of the Russian Federation dated October 31, 2013 No. 2019-r (hereinafter referred to as List No. 2019-r), the institution must announce an electronic auction. In addition, the highest executive body of state power in the region can draw up its own list in addition to the federal one. For example, such a list was approved by order of the Government Irkutsk region dated December 19, 2013 No. 584-rp.

However, exceptions are still provided for goods (works, services) from the lists. They can be purchased following a request for quotation or request for proposals. Another option is to enter into a contract with a single supplier. But at the same time, the institution needs to take into account the requirements of Federal Law No. 44-FZ of April 5, 2013 (hereinafter referred to as Law No. 44-FZ). It is impossible to announce a competition for such a purchase.

Please note: the customer has the right, at his discretion, to conduct electronic auctions when purchasing goods (works, services) that are not included in the specified lists (Part 3 of Article 59 of Law No. 44-FZ).

Competition or auction: in what cases is a competition held?

Open competition is used for any procurement of goods, works or services, except for situations in which the law directly requires determining the supplier in a different way (Part 2 of Article 48 of Law No. 44-FZ). For example, when, due to the specifics of the subject of the contract, the institution is obliged to announce an electronic auction or determine the contractor in a closed way.

In addition, Law No. 44-FZ lists cases when the customer must hold a competition with limited participation. These include, in particular, the purchase of goods (works, services) of particular complexity, innovative or specialized nature.

How not to make a mistake when choosing a competition or auction

Judicial practice shows that customers are often confused about how to identify a supplier. And this, according to judges and inspectors, leads to restriction of competition. Moreover, institutions often try to justify themselves by saying that they held a competition only in order to obtain high-quality services. The courts never listen to such arguments.

To avoid violations, follow three steps.

Carefully study List No. 2019-r

Having identified the procurement object, check whether it is included in the auction list. If yes, we need to hold an auction.

It would seem that everything is simple. However, in practice, difficulties still arise, mainly during construction and repairs. Therefore, study the list thoroughly.

Example:

The customer purchases work according to major renovation road barriers.

The initial (maximum) contract price (NMCC) is 3 million rubles.

The contract manager checked whether such work was included in List No. 2019-r. And I saw that the document contained code 45 “Construction work” All-Russian classifier products by type economic activity(OKPD) (except for code 45.12). At the same time, the following are excluded from the list:

• work on the construction, reconstruction, overhaul of particularly dangerous, technically complex capital construction projects, as well as artificial road structures that are part of federal, regional, intermunicipal or local highways;
• work included in group 45 “Construction work” (except for code 45.12), if the initial (maximum) contract price for procurement for state needs exceeds 150 million rubles, for municipal needs - 50 million rubles.

Conclusion: the institution is obliged to conduct an electronic auction, since the NMCC for carrying out major repairs of the road fence is less than the established limit values.

An insufficiently thorough analysis will most likely result in claims from the antimonopoly authority. Thus, a government agency held an open competition to carry out work on inventory and certification of road facilities. OFAS officials considered that the customer violated contract legislation. Indeed, for services for technical inventory and technical certification of non-residential assets, the OKPD provides code 70.32.12.130. And procurement items with this code are included in List No. 2019-r. Therefore in in this case an electronic auction should have been announced. The judges supported the controllers (resolution of the Ninth Arbitration Court of Appeal dated May 6, 2015 No. 09AP-13282/2015).

Check the list of particularly dangerous and technically complex objects

Let us turn to paragraph 5 of Appendix No. 2 to the Decree of the Government of the Russian Federation of February 4, 2015 No. 99. It follows from it that a competition with limited participation is held if two conditions are simultaneously met:

• procurement object - execution of works on construction, reconstruction, major repairs of especially dangerous, technically complex capital construction projects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance;
• NMCC for meeting state needs exceeds 150 million rubles, for municipal needs - 50 million rubles.

As an example, I will cite the decision of the Federal Antimonopoly Service of Russia dated November 9, 2015 in case No. K-1493/15. In St. Petersburg, they planned to reconstruct the bridge with the preliminary preparation of working documentation. NMCC amounted to more than 2 billion rubles. To select a contractor, the government agency decided to hold a competition with limited participation. The controllers came to the conclusion that this does not contradict the requirements of the legislation on contract system. After all, the above conditions were met simultaneously. Firstly, the customer’s representative at a meeting of the FAS Russia commission proved that the procurement object relates to construction, reconstruction, and major repairs of particularly dangerous, technically complex capital construction projects. Secondly, the NMCC exceeded the established limit values.

Think through the arguments about the classification of the work you need, otherwise problems will arise. Thus, the Eleventh Arbitration Court of Appeal indicated that low and medium pressure gas pipelines do not fall under the concept of particularly dangerous and technically complex capital construction projects (Resolution No. 11AP-17190/2015 of January 15, 2016). Consequently, the customer had to announce an electronic auction, because the procurement object is mentioned in List No. 2019-r. The table will help you understand the methods of purchasing construction work.

Table. Methods of purchasing construction work: competition or auction*

* Joint letter of the Ministry of Economic Development of Russia, FAS Russia dated August 28, 2015 No. 23275-EE/D28i, No. ATs/45739/15.

Select the correct OKPD code

Each subject of a government contract corresponds to a specific classifier code. When choosing it, customers often make mistakes.

Let's consider the resolution of the Ninth Arbitration Court of Appeal dated October 21, 2015 No. 09AP-42546/2015. In the terms of reference, the institution defined the procurement object as “ carrying out work to eliminate the consequences of physical, mechanical and climatic effects on the organization’s technical equipment traffic after the autumn-winter period of operation, installed on the roads of Moscow" The customer used code 74.20.60.000 “Project management services related to the construction of buildings and structures” OKPD. The selected grouping includes certain types of work. However, none of them in meaning corresponds to the terms of reference. Moreover, the contractor had to perform the work and services specified therein independently. And the OKPD code chosen by the institution assumes exclusively management activities. The court found that the works and services named in the technical specifications relate to code 45.23.12.160 “Work on the installation of protective fences, installation of road signs, road route indicators and similar works” OKPD and are included in the auction list. This means that the customer did not have the right to hold an open competition. The judges paid attention to this point. Let’s say the object of purchase is services that are complex (multicomponent) in nature, and they cannot be classified in strict accordance with one OKPD code. Then they should be classified according to the component that characterizes the most in full the largest or most specific part of their components.

And one more interesting detail. The institution referred to the fact that the OKPD code was automatically assigned in the Unified Automated information system trading in Moscow. However, the court did not accept this argument. He indicated that the assignment of such a code is determined by the description of the procurement object, which depends directly on the actions of the customer.

In Russian production and business practice there are several concepts that describe almost the same process. Competition between companies for the right to conclude an agreement in a strictly defined manner, limited by specific deadlines, includes auctions, tenders, trades, competitions and more. But there is a significant difference between them: the main difference between a tender and a competition is that the first concept is not regulated by Russian legislation, but at the same time these events themselves are widely used in business practice.

Regulated sign

Federal Law No. 94-FZ defines the concept of a competition and the procedure for its conduct. Participation in it imposes certain legal obligations on the organizer and the participant, in contrast to a tender, the consequences of which arise only after drawing up an agreement between the parties. Therefore, the customer has the right to conduct it in any form convenient for himself, which can only be regulated by internal regulatory documents, for example, a Regulation developed on the basis of a standard one.

The difference is also that the winner is determined by comparing applications, which cannot be changed or clarified after they are opened. When holding a tender, additional competition takes place; the customer may try to reduce the price or ask for better conditions for fulfilling the application. Thus, as a result of the tender, more profitable cooperation for the customer can be achieved.

Deadlines and paperwork

Another reason why you need to know how a tender differs from a competition is that the first event has an unlimited duration, while the time frame of the second and the date of concluding the contract with the selected contractor are always known exactly in advance. The tender committee may deliberately delay until a decision is made in order to obtain a more favorable offer from suppliers. However, usually the tender period is shorter than the competitive one and ranges from a week to a month, and the time to determine the winner of the competition is at least 30 days.

A government agency has the right to reject a competitive bid because it is improperly formatted while commercial organizations do not pay close attention to the application form for participation.

Competition result

When holding a competition, a state or municipal organization must select a performer in any case if the number of participants is more than one, and the applications meet the requirements. Wherein commercial company may not choose a winner - this issue is decided only by the tender commission.

The result of the competition must be officially announced and reflected in the media, and its organizer must enter into an agreement with the winner on previously determined conditions. At the same time, participants dissatisfied with the decision can appeal the results in court and recover costs associated with the preparation. The result of the tender is communicated to the selected service provider by any means, such as email or call, and other participants cannot have any claims against the tender committee.

Main conclusions

Competition or tender? Both of these forms are competitive events, the purpose of which is to find a profitable cooperation option and a reliable service provider.

The differences between these concepts can be briefly summarized as follows:

1. The purpose of organizing the competition is to comply with all regulations and norms, the purpose of the tender is to maximize monetary savings.
2. The rights of suppliers are protected in a certain way when participating in a tender; there are no obligations to them in the tender.
3. Carrying out a competitive competition always leads to the conclusion of a contract, a tender - at the discretion of the tender commission.
4. Competitive bids cannot be changed during the event; tender organizers may try to reduce the price to the minimum.
5. The winner of the competition must be known, the winner of the tender - only at the will of the tender committee.
6. The deadline for announcing the result of the competitive competition is known in advance, but the tender deadline can be any and change during the process.

One way or another, the competition is the prerogative of state and municipal structures, while the tender is chosen by commercial organizations as a more profitable option for conducting the competition.