”, which is so often used in business. This foreign word couldn't find a place in Russian legislation. There is an equivalent word for it in Russian - “bidding”, so the article is devoted to electronic trading and electronic trading terms.
There are several types of procurement ( electronic trading):
The winner in this type of electronic trading is the participant who offers the lowest price. So the main criterion here remains the price. However, participants are required increased requirements. The customer has the right to require each participant to have licenses and certificates for products. The bulk of this type of electronic trading is construction tenders.
Open competition – form of procurement, where the participants’ proposals are evaluated comprehensively, and the price offer is only one of the criteria for selecting the winner. Through an open competition in electronic form conduct tenders for exhibition design or development tenders.
Thus, electronic bidding is present only in an electronic auction, where participants submit their price proposals several times.
Auction and competition of distinction
The difference between an auction and a competition is that a competition can be won at a price higher than that of a competitor due to quality. The auction and competition are held by the same customer for different needs. The auction procedure involves competition, when electronic auctions take place and participants place bids several times.
The difference between a competition and an auction is that there is no bidding. Participants in the competition submit their proposal for conditions once, do not see the proposals of other participants and cannot change it.
Relatively recently, Russian businessmen were presented with a unique opportunity to conduct auctions through electronic platforms. Entrepreneurs at any level can take part in such transactions without leaving the threshold of their office.
What is electronic trading
Using this type of auction, you can sell your service or product to budgetary or government organizations that have resorted to purchasing goods through this type of auction.
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Customers such as Gazprom OJSC, Rusnano, MTS OJSC, Rosatom State Corporation, etc. have long switched to this form of purchasing goods.
Electronic trading involves choosing a supplier. The process of buying and selling takes place through special websites on the Internet.
The law also provides for the sale of the fortunes of bankrupt companies. If you are interested in purchasing property on favorable terms, an electronic auction will come to your aid.
Electronic auctions, the main goal of which is to receive an order at the state level, are held on federal platforms. Customers who comply with the format of 223-FZ can resort to the form of procurement based on electronic trading.
Advantages of participating in electronic trading
- For entrepreneurs, such a project is convenient because it allows them to maintain anonymity and participate remotely. Each bidder has his own number, which does not allow him to influence the course of the auction. In addition, electronic trading does not involve any paperwork.
- With this form of auction there is no pre-qualification. This means that suppliers do not need to justify the availability sufficient quantity resources to fulfill the contract. Mandatory provision of participation in the auction is required (5% of the initial bid). If the contract is not fulfilled, the money is lost.
- For customers we also have our own positive points. They have the right to announce one tender and conclude a number of contracts. The site only charges the winner the fee.
Types
- Auction open type. Participants submit price proposals. The one who can set the optimal price will win.
- Down auction. The customer announces the size of the required services and the highest starting price. Participants offer to fulfill the order at the most reasonable price.
- Upgrade auction. In this case, the winner is the one who puts the highest price. This form of auction is applicable when renting premises or selling property.
It should be noted that a variety of procurements are carried out through electronic auctions.
In addition to the auction, there are such electronic forms as:
- contest;
- request for proposals;
- request for quotations.
The rules for such forms are regulated. The participant is given the opportunity to choose the type of bidding that is suitable for him.
Electronic digital signature
Electronic trading is supported by an appropriate set of documentation. Electronic signature(CEP) is a guarantee that you are not participating in a scam. The CEP has a legal basis.
The signature key corresponds to the trading platforms:
- federal level;
- commercial category, which are components of the Association of Electronic Trading Platforms.
How to participate
- Registration is required initially. At the time of bidding, you must log into the trading platform using an electronic signature.
- At the beginning of the auction, participants have the opportunity to offer their price by filling out a special form on the website.
- Typically the auction lasts 15 minutes. Participants must make their offer within 10 minutes. The end of the auction is marked by the offer with the maximum benefit. It is victorious.
- The customer sets a maximum price and cannot offer anything higher. It is not possible to offer a price higher than that of other participants. The winner is the one who offers the lowest price.
- If the auction winner does not have SRO clearance and documentation permitting participation, the winner will be the participant who turns out to be second.
What do you need to participate in electronic trading?
To participate, enterprises require:
- Presentation of an electronic digital signature certificate.
- Providing an extract from the Unified State Register of Legal Entities, legally certified.
- A document confirming the rights of the certificate owner.
- Installing the required software.
- The company undergoes accreditation on trading platforms in electronic form. If you have a signature, this service is offered free of charge. Go to the electronic trading website and fill out the required form and application to open an account. All necessary documentation must be attached.
- Not all certified participants are aware of the rules for conducting electronic trading. All the nuances require clarification, so lectures are held every week to give you the opportunity to practice. At the end of the training, the participant receives a certificate.
- Participation in electronic trading must be supported by the presence of a certain amount cash on the organization's account. Otherwise, the application is automatically rejected.
- To participate in the competition, you must adhere to the existing regulations when filling out an application. The application is made up of two parts. The first part is subject to review within 5 days. Only after this will a decision be made on the organization’s participation in the competition.
- The second part of the application is subject to consideration by the results committee. It takes approximately 6 days to process them.
Which electronic platform to choose
Electronic platforms come at the commercial and federal levels. The first type is represented by a wider range.
- In order to be a supplier to commercial customers of Rusnano, Rosatom State Corporation, Gazprom OJSC, you need to use the platform that deals with this type of trading, Fabrikant, B2B-Center, TZS Electra, etc.
- To purchase the property of bankrupt companies, they resort to using Sberbank-AST, Russian Auction House, uTender, SELT, etc.
- State-level sites have gained a high level of popularity among businessmen. Purchases of this nature are ranked among the most profitable by businessmen.
Commercial sites are divided into:
- Specialized, serving the needs of a number of companies. For example, Gazprom’s electronic platform sells petroleum products.
- Multidisciplinary, offering a wide range of products and services. These platforms allow you to be both a customer and a supplier. No restrictions are imposed.
- Large corporations that are interested in selling their products use Supplier-driven.
- There are also sites of an intermediary nature. Their main goal is to bring together those who buy and those who sell. They belong to the Third-party-driven category.
Commercial sites do not require accreditation and sometimes do not even require an electronic signature.
How to participate in electronic auctions "Sberbank AST"
The function of Sberbank - Automated Trading System CJSC includes the sale of property of companies that have fallen into the category of bankrupt. These include companies whose total debt is more than 100,000 rubles if they fail to pay within 3 months after the arbitration ruling. Debt amount individual entrepreneur should not exceed 50,000 rubles.
After a company or entrepreneur is granted bankrupt status, his property is seized.
After a court verdict is issued, the property is subject to valuation. Then select the start date for the sale.
The following are sold on the Sberbank-AST site:
- residential or commercial real estate;
- production equipment;
- passenger cars;
- special purpose equipment;
- land plots;
- antiques;
- precious items.
To participate on the Sberbank - AST platform, please get accredited, and also become the owner of an electronic signature.
The application is reviewed within five days.
The deposit for participation in trading on the platform should not exceed 20% of the price of the lot. It is due before the results of the auction. Individuals use a card account. Deposits are not applicable.
When paying the amount to the bank, receive a confirmation receipt, scan it and send it to the competition manager. This fee is refundable 5 days after the winner is announced. It is not subject to return if the application for withdrawal was submitted after the start of the auction or a deviation from the regulations was noticed after winning the auction.
A package of documents is also provided.
Legal entities are required to provide:
- Scans of notarized copies of the Charter documents and certificates of registration and tax registration.
- Extract from the Unified State Register of Legal Entities.
- A protocol drawn up by the general director giving the green light to the transaction.
Individuals are required to provide:
- A copy of your passport.
- Tax registration certificate.
- Statement of the consent of one of the spouses to enter into a transaction.
- in case individual has no family, a supporting certificate is also required.
After providing the proper documentation, we proceed to filling out the application.
Individuals must submit:
- passport details;
- registration information.
Legal entities provide:
- company name and type of organization;
- the company's postal address and telephone numbers are also required;
- providing information about interests in the property of the debtor/creditor and their participation in the capital;
- proposal regarding the value of the enterprise (if the bidding takes a closed form).
The entrepreneur monitors the bidding process and offers his bids. The auction website page is subject to self-updating. Or you can use the automatic update form.
The system sets a price indicator equal to 5% of the indicated cost. The step with the minimum value is 0.5%.
You can use the services of an auction robot that automatically submits bids for each new proposal from participants. All bids during the auction are subject to assignment serial number in accordance with the sequence of their arrival.
An offer sent from a PC is marked with a star. It is recommended to record the progress of trading from the screen in order to prove to the FAS that the computer is malfunctioning in the event of an Internet failure. Lock exact time failure.
Recording time is extremely important. If the exact time is provided, trading is stopped until Sberbank-AST electronic transactions are resumed.
After the end of the auction, you can submit an additional bid on the website. There is a struggle between the auction participants for possession of the second place, which makes it possible to buy out the property of a bankrupt company in the event of the refusal of the deal by the owner of the first place.
When taking part in state-level tenders haste is not the best adviser. Every day a lot of interesting offers are launched in Russia. It is wiser to skip a proposal that does not inspire confidence and implement better preparation to the next proposal.
There are situations of a different nature. Offers that are interesting for your company arise in parallel. Apply for everything at once.
The results of trading on electronic platforms are recorded. After its publication, each bidder has the right to enter a written explanation of the result. If you are dissatisfied with the explanations, you have the right to appeal the results of the auction by submitting an official statement of complaint to the FAS.
If you are the winning bidder, you will receive a draft contract drawn up electronically and certified with an electronic signature.
In accordance with current legislation, the main way to satisfy government needs in the field of supply of required goods, works, and services is government procurement. An order for government procurement is placed in two ways: competitive (through bidding) and non-competitive (without bidding).
The competitive form of ordering comes down to the selection of suppliers according to pre-selected criteria. The main principle of public procurement in this case is equal competitive participation. The government contract is concluded with the winner who meets the requirements of the customer’s documentation and offers the most favorable terms of the contract.
Types of bidding under 44 Federal Laws
Law No. identifies the following forms of bidding:
- contest
- auction
- request
- quotes
- request for proposals
- two-stage competition
Contest
Competition, as a method of public procurement, is used to determine the supplier for complex, expensive supplies. The winner of the competition is determined based on several criteria, including quality, price, and successful experience in similar deliveries.
Auction
An auction differs from a competition in that the main criterion for choosing a supplier is price. The government contract is concluded with the participant who put forward the lowest cost of supplies.
Both in the case of a competition and in the case of an auction, the customer places an application for a government order in the relevant trading systems describing the requirements for the supplied goods, works, services, and within a specified period accepts applications from participants. Applications sent within the deadlines and drawn up taking into account the stated requirements are accepted for bidding. After the agreed date, the acceptance of proposals ceases and consideration of the received proposals begins.
Electronic auction
These types of auctions can also be conducted electronically through specialized trading platforms. This method is gaining increasing popularity, as it significantly simplifies the government procurement procedure and is accessible to a wide range of participants and others. interested parties. To participate in electronic trading, the supplier must be accredited on the relevant site and have an electronic digital signature.
Request for quotation
A peculiarity of this method of bidding, such as a request for quotations, is that the customer, through a unified information system and electronic communication channels, sends an application for concluding a government contract to an unlimited number of persons. The contract is concluded with the supplier who offers the lowest price.
Request for proposals
Request for proposals is a competitive method of public procurement, in which the customer informs potential suppliers about existing needs and invites them to submit appropriate applications.
It should be noted that the last two methods of bidding are carried out only in certain cases, subject to established restrictions on the contract amount, types of goods, works, services purchased, and taking into account other conditions.
Subtypes of trading procedures
In business practice, other methods of classifying trades are also accepted. Thus, depending on the methods of attracting participants, open, closed and limited participation are distinguished. Open tenders are usually held electronically, and anyone can take part in them. An open procedure is necessary to attract maximum quantity participants.
IN in some cases the customer can set certain requirements for the qualifications of the supplier - the presence of the necessary experience, licenses, approvals, membership in specialized self-regulatory organizations. This form of identifying a supplier is a tender with limited participation and is intended to exclude participants who do not meet the stated criteria.
Closed form of bidding is carried out mainly in relation to government procurement that constitutes a state secret. A limited number of companies that have received an invitation from the customer are allowed to participate in the procedure.
Types of bidding- methods of organizing and conducting public procurement for targeted purposes, which can be competitive or non-competitive in nature.
The Urban Planning Code and federal laws establish the following types of bidding on the territory of Russia, organized for the implementation of state and municipal procurement - competition, auction, electronic auction. The main difference between them lies in the criteria for selecting the performer.
So in an auction, the main criterion is price, that is, the participant who offers the best (lowest or highest) price wins. When holding a competition, the winner is the participant who offers the most favorable terms for using the contract. When organizing an electronic auction, the entire procedure is moved to a specialized site on the Internet.
The above types of tenders refer to competitive methods of organizing government procurement. Non-competitive methods include quotations, purchases on a commodity exchange, and purchases from a single source.
According to statistics, the most popular methods of procurement on a competitive basis include open competition, open auction, electronic auction, and on a non-competitive basis - request for quotations.
Experts prefer to classify auctions according to the range of participants, the method of attracting them and the availability of information.
- Depending on the range of participants, auctions can be divided into international and national. In the first case, foreign companies or their representative offices can apply for a contract on an equal basis with Russian enterprises. In the second, only domestic applicants can be accepted.
- Depending on the method of attracting participants, there are closed, open, and limited participation. The open form of holding is based on attracting the maximum number of participants; everyone has access to the auction. A closed form is used to organize procurement involving selected participants. accepted by organizations that have received an invitation from the customer. Bidding with limited participation requires the presence of a certain criterion that must be met. For example, having access to work or a license, etc.
- Depending on the availability of information in the media and the Internet, public and secret types of bidding are distinguished. Vowels are focused on providing maximum information about the organized competition or auction, applicants, and winners. Tacit - are confidential in nature, which excludes access to information about participants and their proposals, requirements for applicants, and the winner.
In accordance with paragraph 1 of Art. 447 of the Civil Code of the Russian Federation, unless otherwise follows from its essence, a contract may be concluded through bidding. The contract is concluded with the person who wins the auction. According to the literal meaning of this norm, bidding is one of the ways to conclude an agreement, namely, a mechanism that allows you to determine the counterparty with whom the agreement will be concluded.
The auction includes a number of legal meaningful action, the characteristics of which are necessary to determine the structure of emerging legal relations.
A person who has decided to use auctions to conclude an agreement (for example, an owner who has decided to sell his property in this way) can naturally carry out any actions related to the conduct of future auctions even before publishing information about their conduct (for example, conduct preliminary assessment of this property, determine requirements for bidders, etc.). These actions are preparatory, do not directly give rise to any obligations for the person who carried them out, and are not directly included in the process of organizing and conducting specific tenders.
Bidding is a special way of concluding contracts, the choice of which is determined by the need to find a counterparty, as well as the desire to ensure the most favorable terms of the transaction by increasing competition between potential counterparties (bidding participants). Concluding contracts through tendering is associated with certain difficulties and the need for additional financial costs for their preparation and implementation, but it also entails economic benefits for customers.
Bidding can be held to select investors, tenants, during the privatization of state and municipal property, placing orders for state and municipal needs, selecting contractors, selling seized real estate in enforcement proceedings, foreclosure on collateral, selling the debtor's property during bankruptcy. Many organizations conduct tenders and own initiative for objective selection of the best counterparty.
Russian legislation provides for two forms of bidding: auction and competition (clause 4 of article 447 of the Civil Code of the Russian Federation). The differences between them lie in the principle of determining the winner. The winner of the auction is the person who offered " best price" Here it should be noted that in strict accordance with paragraph. 2 clause 4 art. 447 of the Civil Code of the Russian Federation, the winner of the auction is the person who offered the highest, not the best, price. The explanation for this formulation is seen in the fact that the Civil Code of the Russian Federation regulates only one type of auction bidding: bidding for the sale, and not for the purchase of something. At such an auction, the winner is determined by a step-by-step increase in the price of the product (property). 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 increases. The auction step is most often set at percentage to the initial (starting) price. In such an auction, each subsequent offer is higher in price than the previous one, and the last offeror wins.
An active auction is always used in the field of enforcement proceedings, since the main purpose of the sale of the debtor’s seized real estate is for the bailiff to receive the largest amount to cover the debt under writs of execution. In addition, active auctions are a common way of privatizing state and municipal property, selling land plots for housing construction(Articles 38.1 and 38.2 of the Land Code of the Russian Federation) and in many other cases.
However, in practice, a huge number of auctions are carried out not only for the sale, but also for the acquisition of goods, works or services. In this case, the customer of the auction, on the contrary, is interested in obtaining the minimum price. The winner of such an auction (reduction) is determined by step-by-step (in an oral competition) lowering the initial (starting) price. The price is gradually reduced until its first acceptance by one of the participants, and the first acceptor wins the auction. Thus, the starting price is the limit price and must necessarily be reduced by the bidders. Reductions are most common in the field of placing state and municipal orders. For example, the presence in the application of a procurement participant of a proposal for the price of a state or municipal contract that exceeds its initial (maximum) price is in itself grounds for refusing him admission to participate in an auction or competition.
In accordance with the same paragraph 4 of Art. 447 of the Civil Code of the Russian Federation, a competition is recognized as a form of bidding in which: a) the winner of the bidding is determined not by the organizer, but by the competition commission appointed by him; b) the winner is the person who offered the best conditions. It is the competition that seems to be the optimal form of bidding when concluding a contract for the management of a property, since in this case highest value It is not the cost of the services of such an organization that matters, but the conditions for maintaining the building and the quality of the services provided.
From the interpretation of the norms of the Civil Code of the Russian Federation we can conclude that:
a) to distinguish between an auction and a competition, the entity authorized to determine the winner of the auction (the auction organizer or the competition commission) is of decisive importance, while the “highest price” is a special case “ better conditions»;
b) “best terms” must either include the best price only as one of several conditions to be assessed in the aggregate, or consider conditions other than price. Ignoring the specifics of the subject that determines the winner (not unreasonable, since such a sign cannot affect the essence of the relationship) leads to the fact that the auction is viewed as special case competition.
At competitive bidding (from the Latin “concursus” - flow, collision), the winner is the person who offered the best conditions for the execution of the contract and use of the property. The selection criteria are established by a pre-formed competition commission, which may include not only employees of the customer of the tender, but also any persons who have scientific authority, professional reputation, and are considered experts in a certain field. These criteria, as a rule, include the company’s financial resources, labor resources, professional skills of personnel, availability necessary equipment, work experience.
For example, to win a land competition, the mode of use of the property is decisive: the intended use of the land plot, compliance with environmental, architectural and planning requirements, ensuring the maximum amount of investment, carrying out reclamation, improvement work, etc. In turn, at the auction land plots are sold in cases where the buyer (tenant) is not required to fulfill any conditions other than the intended use of the land.
Bidding in the form of a competition is in a convenient way for their initiator to select a counterparty with the most optimal terms of the transaction. The semantic meaning of the term “competition” comes down to competition, competition, competition in order to identify the best participants. In judicial and arbitration practice, it is rightly noted that a competition is an event whose purpose is to determine the persons most capable of optimally solving a given problem.
The differences between an auction and a competition are, by and large, insignificant. In essence, an auction is the same competition, but with only one selection criterion, which is price. However, it is also permissible to define a competition through the concept of an auction, because a competition is the same auction, the participants of which have passed a certain qualifying selection and, at the conclusion of the competition commission, satisfy all the stated requirements (criteria).
Often, the customer of the auction sets mixed (both auction and competitive) requirements for the winner, who must simultaneously offer both the best conditions for the execution of the contract and the best price (for example, privatization competitions, land competitions for the sale of plots located in the state or municipal property, for the construction of non-residential facilities). It must be admitted that in this case the competition will be completely identical to the auction.
Bidding (whether auctions or competitions) can be divided into open and closed. According to Art. 448 of the Civil Code of the Russian Federation, any person can participate in open auctions, in closed ones - only specially invited persons, and if for open bidding the organizer “makes” a notice, then when holding closed events, he “sends” it to potential participants.
The literature suggests that when classifying trading according to the range of participants, it is necessary to distinguish:
Open tenders in which any person can participate;
Closed auctions, in which specially invited persons participate;
Bidding with limited participation, when the circle of participants is not defined, but is limited by some criteria (for example, the presence of licenses, special clearance, etc.).
This classification is not flawless, since two classification grounds are mixed: according to the order in which the circle of participants is determined and according to the presence of requirements for bidders, if their circle is not predetermined.
It seems more correct to divide trading into open and closed. Accordingly, in the first case, the circle of participants is not determined in advance, in the second, the winner is determined from among not any people who responded, but only those invited. The use of open bidding is advisable when there are no specific requirements for a potential counterparty, for example, when selling real estate.
Open tenders, in turn, can be divided depending on the requirements for responding participants into “unconditionally open” (when the participant must be legally capable, and this is sufficient for his application to be accepted for consideration), and into “tenders with limited participation" (when participants are required to qualification requirements, which, however, does not turn them into closed ones, since the selection of persons admitted to participate in the auction is carried out not by the organizer at the stage of their preparation for holding, but directly when accepting or analyzing applications for participation). Establishing such restrictions is important when a potential counterparty needs to have appropriate licenses to carry out certain activities, for example when conducting trading, major renovation buildings and structures.
These two classifications (the division of bidding into auctions and competitions - open and closed), reproduced in the law, make it possible to create a form of bidding that is most adequate to the interests of society and individuals.
Assessing the norms of the current legislation on the conduct of auctions, we can conclude that priority is given to auctions where the principle of determining the winner by price is observed. For example, a systematic analysis of many provisions of the Law on the Placement of Procurement allows us to conclude that the main criterion for determining the best conditions for the execution of a government contract is the price of the contract. Other criteria are of secondary importance, even when holding competitions.
