Bidding support: what is included in the service and how it is issued

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the article, we will consider what trading support is.

When participating in public procurement, many entrepreneurs are not ready to manage on their own. There are many proposals for tender support and promises of imminent success on the Internet.

In fact, a tender is a competitive type of selection of proposals for the provision of services, the supply of goods or the performance of work according to the conditions announced in advance in the documentation, on the principles of fairness, competitiveness and efficiency and within the agreed time frame.

A contract is concluded with the winner of the tender, and it is the participant who submitted the proposal that meets the requirements of the documentation on the best terms. Bidders do not have access to conditions offered by competitors.

In everyday speech, a tender can be an analogue of the terms "bidding", "competition", "auction".

Open and closed trades

Trading in Russia is divided into closed and open, can be held in two stages orinto one, in the form of an auction or competition. Bidding, which is carried out for state needs with a state order, is always held in one stage.

How is full support for participation in bidding under 44 and 223 FZ carried out?

The legislation on the placement of municipal and state orders is controlled by Federal Law No. 44 and Federal Law No. 23, which also provide for other methods of procurement that are not bidding - this is a request for quotations, in which the maximum contract price is not more than 500,000 rubles. At the same time, the volume of purchases per year, carried out through 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 do I need bidding support?

Procurement in the system of contracts is a multi-component chain of various legal stages. Possible errors in this process can lead to significant losses of time, financial profit and - very importantly - the company's reputation. Therefore, knowing the rules established by law is extremely important. According to statistics, the ways to determine the supplier are as follows:

• through electronic auctions;
• supplier unity;
• in open competitions;
• quote requests;
• other options.

The process of bidding support is a complex legally regulated procedure with various pitfalls and nuances. To achieve success, the requirements and norms of legal instruments should be taken into account and based on the existingthis direction of experience.

Most organizations that apply for a tender do not have their own employees with a high level of competence in such matters. For this reason, management prefers to use bidding services provided by other, independent firms.

An entrepreneur, if necessary, 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. Bid support services also include finding suitable orders, preparing and submitting an application for participation, studying documentation, assistance in obtaining a bank guarantee or loan, legal and legal support.

What prevents you from participating directly in contests?

Many organizations are reluctant to bid on their own for several reasons:

• a large number of regulatory and legislative documents;
• strict requirements for contestants;
• permanent changes in the regulations of this procedure;
• large volume of necessary documentation.

Organizations that support tenders have the necessary knowledge in the legislative field and can competently apply the laws. Cooperation with such companies helps to significantly reduce possible risks and form the necessary strategy for participation in such a procedure. Moreover, it minimizescontroversial aspects.

Tender support and outsourcing

This service may be of short duration. Who might need tender outsourcing? This service may be required:

• organizations without bidding experience;
• companies that do not have employees involved in participation in auctions and bidding;
• firms that need a one-time tender preparation service;
• organizations that regularly use outsourcing support for all activities that do not match their profile.

Local and complex support

Trading support services can be local and complex (complete). The stages of the complex type are:

• procedure for finding the required event on special websites;
• filling out an application, forming a package of documents;
• going through the procedure of auctions and bidding on behalf of the customer;
• registration of electronic signature;
• assistance in lending for the tender;
• electronic company accreditation;
• consultations on organizational, technical and legal issues;
• preparing employees for tender activities.

Comprehensive support for the company's trading 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 bid support can be:

• a one-time service that solves a specific problem;
• 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 the implementation of bidding and protecting the interests of the customer.

List of services for legal support of tenders:

1. Help in finding orders on trading platforms.
2. Review of tender documentation in accordance with applicable laws.
3. Analysis of the conditions of the tender and the feasibility of participating in them.
4. Preparation and submission of applications for bidding in accordance with the requirements.
5. Clarifying the possibility of meeting such conditions.
6. Checking the correctness of the auction.
7. Appeal against the results of the auction in the presence of offenses during their conduct.
8. Representing interests in court in any disputes related to the violation of tenders.
9. Studying the contract and advising on its points until the conclusion of the contract.
10. Observation of the auction and its results.
11. Resolving any issues that arise after they are completed.

Types of legal services for bidders and customers

Such bidding services are:

• legal review of applications;
• preparation of documentation required for the tender;
• legal examination of competitivedocumentation;
• support for the placement of municipal and state orders, antitrust auctions;
• representation in resolving disputes arising between participants in the placement of orders and customers (in the Federal Antimonopoly Service, in court);
• development of internal documentation on the implementation of antitrust tenders, placing orders;
• legal advice on regulation of order placement, antimonopoly bidding.

The company's lawyers, in agreement with the customer, after the end of the auction, can perform subsequent legal support for the procedures for the execution of municipal, state contracts, agreements concluded as a result of tenders in electronic form.

Advantages and disadvantages of the service

The list of advantages of drawing up bidding support agreements includes:

• freeing up time for full-time specialists to perform basic functions;
• no errors in tender documentation;
• no need to keep an employee in the organization who specializes in contests.

Disadvantages of bidding support include:

• high cost of tender outsourcing;
• the customer also has to prepare the necessary documents for bidding;
• There is no 100% guarantee that the contest will be won.

Criteria for choosing a company for cooperation

Selecting an organization forconcluding an agreement on bidding support, it is necessary to pay attention to certain aspects. It is very important not to contact scammers. Unscrupulous firms have the following characteristics:

• giving false guarantees;
• lack of information about own clients;
• price cuts;
• too short time for work;
• only offer a comprehensive service, without the provision of individual services;
• Filling out the necessary paperwork too fast.

The above characteristics distinguish organizations that do not have sufficient experience and skill levels. Cooperation with them is the likelihood that the organization will be exposed to various kinds of risks, as a result of which administrative, civil or even criminal liability may arise.

Too low price of services should also attract attention. Companies that have already participated in such procedures know how complex the service can be 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 bidding support for one month. However, it must be understood that the final cost will be determined by individualfeatures of the tender, depending on the tasks of each client. If the interest in tenders from the customer organization arises infrequently, is of a short-term nature, then tender support will be very useful.

So, we have looked at how the support for participation in the auction goes.