Types of electronic auctions. Types of trading in Russia: concept, classification and forms. World auction houses

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.

The following types of trading are implemented on the ZMS electronic trading platform:

• Contest;
• Request for proposals;
• Auction;
• Request for prices (quotations);
• Interest in purchasing.

When implementing the electronic trading platform "ZMS", as well as during its use, types of trading procedures with any names can be implemented based on basic procedures, such as competition, auction, request for prices and interest in procurement. For example, an auction can be called a reduction auction, then it will not fall under the Civil Code of the Russian Federation and you will not be obligated to enter into an agreement with the winner of the electronic auction if it does not suit you in some way.

Competition (request for proposals)

A competition is a bidding procedure in which participants’ proposals are evaluated according to several criteria. The competition is held in accordance with Articles 447 and 448 of the Civil Code of the Russian Federation.

A request for proposals is the same as a competition, but it does not fall under the Civil Code of the Russian Federation, therefore it does not oblige the Customer to enter into an agreement with the winner, and can also have any deadline and can be canceled at any time.

The competition and request for proposals can be:

• Open or closed;
• With or without rebidding;

The criteria could be:

• measurable (for example, price, delivery time);
• expertly assessed (for example, the experience and reputation of the supplier, functional characteristics).

We highlight the following evaluation criteria:

When holding a competition, rebidding may be used. Rebidding is especially often used on electronic trading platforms for energy companies. Its implementation is provided for by the S-UES ZD procurement standards developed for RAO UES, which are currently used by the majority of energy enterprises. Rebidding is carried out among bidders whose proposals satisfy the conditions of the competition and are determined by the competition commission to be the best.

The ZMS electronic trading platform provides for two types of rebidding:

• One-time submission of a price proposal;
• Electronic auction to reduce prices.

Auction

An auction is a method of electronic trading in which proposals are evaluated only by price. This method is used when purchasing standard goods and services with predictable quality.

In order to avoid mandatory compliance with the norms of Articles 447 and 448 of the Civil Code of the Russian Federation, when creating an electronic trading platform, this electronic trading procedure can be called not “auction”, but for example “reduction”. Thus, you will avoid the mandatory conclusion of a contract with the winner, and you will be able to cancel the procedure at any time.

When creating an electronic trading platform based on the ZMS software product, you can flexibly configure the rules for conducting electronic procurement auctions. Electronic auctions can be with a fixed step, having a relative value (percentage of the original cost), an absolute value (fixed amount), with free submission of price proposals, with a variable step.

The timing of the auction can also be adjusted flexibly. An electronic auction may end after a specified time has passed from the start of its holding, from the submission of the last application, or when one of these conditions occurs.

An electronic auction can be:

• Open or closed;
• With or without pre-qualification;
• With or without the use of an electronic digital signature.

Request for prices (request for quotation)

This procedure is usually used when it is necessary to quickly purchase an inexpensive standard product (service) with predictable quality. With this procurement method, participants' proposals are evaluated only by price, and the price proposal is submitted by participants once.

Request for prices can be carried out with or without the use of an electronic digital signature.

Interest in purchasing

This procurement procedure does not involve evaluating participants’ applications and selecting a winner. In essence, this is simply a collection of commercial proposals. However, it is possible to make an offer to make offers on the basis of this procedure, that is, the winner will be obliged to conclude an agreement on the terms specified in the offer. This procedure can also be used to study the market before announcing another procedure, such as a tender or auction.

One of the forms of trading activity under the Civil Code of the Russian Federation is the participation of enterprises in tenders, which are held in the form of auctions or.

Commodity auctions(Latin - sale by public auction) is a way of selling goods that have individual properties and values.

Exist permanent auctions that are held one or more times a year, usually at a specific time, but can be organized one-time auction for the sale of a specific or batch of goods. Unlike commodity exchanges, auctions are not permanent, but periodically operating centers for the intermediary of real goods.

These are specially organized operating markets in which sales are carried out through public auction at a predetermined time and in a specially designated place.

Often these are large companies that concentrate trade in a certain type of product. They usually buy goods from manufacturers at their own expense, dictating purchase prices, and resell them, profiting from the difference in prices. These same auctions accept goods from independent manufacturers for resale. Large auctions have their own production and processing of raw materials (for example, furs).

Other auctions are specialized brokerage firms that resell goods on a commission basis, receiving compensation from the sellers. Sellers and buyers themselves do not participate in such auctions.

Auction organizers can also be enterprises for which auction trading is not the main activity: museums, art salons, exchanges, permanent exhibitions, the charter of which provides for this type of activity.

Sellers at an auction can be enterprises, organizations or individuals (owners of goods or property). They can also act as buyers.

The main parties to the auction are: the owner of the goods, the seller, the auction organizer, and the buyer.

An auction in which only one participant participates is considered invalid.

Objects of bidding The auction can include personal items with individual characteristics (paintings, antiques), as well as furs, cattle, horses, tobacco, tea, coffee, unwashed wool, flowers, fruits, etc. In our country, fur auctions are carried out in St. Petersburg, breeding horses - in Moscow, Rostov-on-Don, Pyatigorsk.

Both large quantities of goods and individual products can be offered for auction. When selling at auction, unlike a regular sale, neither the seller nor the auction organizers are responsible for .

The commercial meaning of the auction is that maximum price for the goods sold is established by direct buyer competition simultaneously present at the point of sale. The winner of the auction is the person who offers the highest price.

We continue to publish a series of materials on how a commercial organization or individual entrepreneur can become a supplier in the public procurement system and thereby increase sales of their goods, works or services. In the first article we talked about the contract system and the principles by which it operates (see “”). In today's material we will talk about the forms of bidding or, to put it more correctly, about ways to determine a supplier.

Three forms of bidding

To become a supplier to any government agency, an organization or individual entrepreneur must take part in tenders held by customers. In the language of the law, tenders are called “the method of determining the supplier.” Three methods are most widespread: open tenders, electronic auctions, requests for quotes.

Each method has its own characteristics, conditions and terms, but a single goal. The legislation on the contract system insists on a competitive basis for supplies for government needs, so the customer is obliged to conduct any tenders according to the principle applied in sports competitions - let the strongest win.

In our case, the strongest participant will be the one who, in his application, offers the customer the necessary product, the result of work performed, or the best quality service at the lowest price.

Let's figure out how the methods for determining a supplier differ from each other.

Electronic auction

The most common way to determine a supplier is an electronic auction. Its popularity is explained by the order of the Government of the Russian Federation No. 471-r, which obliges all state and municipal customers to purchase most goods, works and services only through an electronic auction.

Auctions are held on five electronic trading platforms:

Electronic platforms provide an electronic form for all auction elements.

The auction has one important feature: the entire time the auction procedure lasts, the participants do not have direct contact with the customer, since the operator of the electronic platform is between them. The operator undertakes the receipt, processing and placement on the site of all necessary information and documents, as well as the organization of the auction itself.

The customer publishes a notice of an electronic auction for all interested parties not only in the Unified Information System on the website www.zakupki.gov.ru, but also on the website of the electronic platform where the auction will be held.

Therefore, participants must have accreditation on the electronic platform, which provides access to all of its auctions. In order not to miss the publication of information about competitions that is important for you, you can connect the “Kontur.Purchases” service. In this service, the supplier can set up request templates for all auctions for “his” goods (works, services) and receive email notifications that the system has appeared tenders, competitions or auctions of interest to him.

Connect to the “Kontur.Purchases” service

To prepare and submit applications to the site, participants are given either 7 days (when the auction purchase amount does not exceed 3 million rubles) or 15 days (for all purchases exceeding 3 million rubles). During this time, it is necessary to study the auction documentation, which reveals the description of the required product, work, service, draft contract, and indicates the initial (maximum) price.

Filing an application for an electronic auction has its own characteristics. The application consists of two parts. The first part is devoted exclusively to the subject of the purchase, and the second part is devoted to the participant himself.

The participant prepares and sends both parts of the application to the site at once, but the customer receives them separately, because first he needs to evaluate only the first parts of the applications in order to allow them to participate in the price competition to reduce the price. This assessment lasts no more than 7 days and is carried out impersonally. That is, the customer does not even see the names of the participants, but analyzes only their proposals for the procurement object.

At this stage, the customer will reject those applications that do not meet the established requirements. Next, a price competition is held online, which requires participants to have excellent emotional control and solid, well-founded calculations. It ends with the selection of the best offer, that is, the offer with the lowest purchase price.

However, the electronic auction does not end there. After determining the best price, the customer reviews the second parts of the applications, which contain complete information about the participants and their documents. The customer must review them within 3 days.

If the best price offer belongs to the participant whose second part of the application meets all established and stated requirements, he becomes the winner.

Open competition

The customer publishes a notice of an open competition for public viewing in the Unified Information System on the website www.zakupki.gov.ru, and from that moment participants have at least 20 days to submit an application. Please note that you can also track the appearance of information about competitions that interest you using the “Contour.Purchases” service.

The application can either be submitted directly to the customer’s location or sent by mail. The application form for the competition is important - it must be in a sealed envelope that does not allow you to see the contents.

However, before submitting an application, participants should carefully read the information contained in the competition documentation. A description of the procurement object will give an understanding of the customer’s needs, requirements for the product, the result of work, services, quantitative and qualitative characteristics, the draft contract will reveal the terms of future delivery with all the details.

By indicating the initial (maximum) price of the contract, the customer strongly hopes that the participants in their applications will reduce it, so you need to think through your capabilities in this direction and evaluate the profitability of participation in a specific competition.

The customer will also indicate all the details of the competition: the procedure for submitting applications, an exhaustive list of documents that must be submitted by the competition participant, the date and time of the deadline for submitting applications, the place, date and time of opening envelopes, as well as other useful information.

The main difference between a competition and other methods of determining a supplier is the opportunity for the customer to choose the most advantageous offer not only in terms of price, but also in terms of the best conditions for fulfilling the contract.

The customer will choose within 20 days from the date of opening the envelopes. During this time, all submitted applications must be carefully studied, reviewed and evaluated. If the participant, proposal or documentation does not meet the requirements, the application will be rejected.

Request for quotation

Another common way to identify a supplier is to request a quote. It is intended for the purchase of standard, serial goods, works and services in amounts not exceeding 500,000 rubles. This method has a lot of advantages. With its help, ordinary and inexpensive products are purchased in a short time (7 days), the terms of quotation contracts are not complicated, the quotation application is short and simple, it contains only the participant’s consent to fulfill the terms of the contract, basic information about himself, and of course the price offer.

It is safe to say that it is advisable for a novice supplier to start working in the contract system by requesting quotes.

This form of bidding also provides interesting opportunities for the customer - to request quotations, he can invite specific participants of interest to him, which is not allowed in other cases.

Conducting a request for quotations resembles a competition, because... applications are submitted in sealed envelopes, which are then opened by the customer and immediately evaluated to determine the winner based on a single criterion - price.

Important Details

To take part in the auction, all interested parties must prepare applications with proposals to supply goods, work, or services. Applications must be as close as possible to the description set out by the customer in the procurement documentation. In addition, the participant must offer the lowest price, based on the initial (maximum) contract price established by the customer, and also submit documents that the law and the customer require from the participant in the procedure.

If a participant is preparing for an electronic auction, then it is necessary to undergo accreditation on the electronic platform where the auction of interest is taking place.

We must not forget about financial resources. Applications for competitions and electronic auctions must be accompanied by monetary security; the amounts are always indicated by the customer in the documentation. If the participant does not provide security for the application, the customer is obliged to reject such application without consideration.

As for the request for quotes, in this case the customer does not have to establish security for the application, which is another advantage for novice participants.

What is a tender

Today, the term “tender” is widely used in Russian business. But at the same time, there is no definition of the concept of “tender” in the legislation. This term comes from the English tender, which means “offer”. It was first mentioned in the model law on the procurement of goods and works, adopted by UNCITRAL on July 16, 1993 (). It contains such definitions as tender documentation, tender application and tender security. The word “tender” in this context should be interpreted as an offer to participate in tenders. A modern economic dictionary gives the following definition: “A tender is a competitive tender of an open type (open tender) or closed - for a limited number of participants (closed tender), a competitive form of placing an order" [Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. "Modern Economic Dictionary" (INFRA-M, 2006)]. In Russian legislation, a similar definition is given to bidding, namely, in the Civil Code of the Russian Federation, bidding is understood as a competition or auction. However, nowadays it is customary to understand a tender as other ways of selecting a supplier for concluding a contract.

The organizers of tenders can be both government customers and many commercial structures, as well as owners or holders of rights to property. And the participants can be any legal or natural persons capable of fulfilling their obligations.

A special feature of tenders is that this procedure makes it possible, through free and transparent competition, to conclude contracts on the most favorable terms for all parties. The organizer satisfies his needs by purchasing or selling with the best conditions at a favorable price. Participants get the opportunity to participate in competition on equal terms.

Classification of tenders

Tenders are classified according to various criteria. Depending on the purpose of holding, they are divided into sales tenders and purchase tenders. According to the procedure, they are divided into: competition, two-stage competition, auction, request for proposals; request for quotations, competitive negotiations and other procedures. Depending on the form of tenders, tenders can be open or closed. An open form gives everyone the opportunity to participate; in a closed form, invitations are sent only to a limited number of participants. This procedure is carried out when the contract is related to commercial or state secrets, when the circle of participants in the area in which the tender is being held is small or the costs of holding an open tender are not justified. A notice of tender is not subject to publication if information constituting a state secret is contained in the documentation or draft contract. When choosing an open or closed form of tender, the tender organizer must rely primarily on the current legislation. There are also tenders in electronic form and in “paper” form. In electronic form, procurement is carried out on an electronic trading platform - “a hardware and software complex of organizational, information and technical solutions that ensure interaction between the customer and the tender participant through electronic communication channels” or by submitting an application signed with an electronic signature to the customer’s email [GOST R 51303- 2013. National standard of the Russian Federation. Trade. Terms and Definitions]. The specifics of conducting a tender in electronic form are regulated by law and in local acts of the organizer.

It is advisable for the organizer to conduct contest, when the subject of the contract is something technically complex, for example, design or construction work that requires highly professional specialists, and when an important criterion is the financial stability of the contractor. In this case, qualification and quality criteria are established by which the participant in the competition who offers the best conditions for the execution of the contract is selected. When holding a competition, the offer price may not play the most important role. If it is difficult for the customer to formulate clear requirements, then he can hold a two-stage competition, where at the first stage the corresponding technical task will be selected, and at the second - a participant who is ready to fulfill it.

Auction should be done when price is the only criterion. A distinctive feature of this type of auction is that the participant can change his price offer during the auction period by analyzing the offers of his competitors. A similar procurement method, in which the only criterion for selecting participants is price, is request for quotation (customers can also give this method names such as request for quotation price or request for prices). However, it is customary to request quotes for small amounts, because First of all, this method is attractive for its efficiency and does not provide for a detailed assessment of proposals based on other parameters. Request for quotation may have other names - request for prices, request for price quotes .

Among others, there is such a way as request for proposals . It is not regulated by the Civil Code, as is the request for quotations. However, organizers quite often use this method. A request for proposals makes it possible to evaluate participants not only by price, but also by qualification and technical components and, after considering the applications, refuse to enter into an agreement. This type of tender can be used as an analysis of the existing market situation in a particular area.

Another type of tender is competitive negotiations . This type of procurement is the freest of all of the above, since the organizer actually freely chooses the best one according to his preference among the participants.

In addition to the above, there are many other ways to conduct tenders: request to make offers, collection of commercial proposals, price monitoring, competition with limited participation and others.

State procurements

The tendering procedure varies depending on the law governing the procurement. All government tenders are regulated by Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.” The organizers in such cases are government agencies, public authorities or the Rosatom corporation. This law strictly regulates the tender procedure, establishing specific rules for the selection of participants. In addition, there is a strict system of planning and reporting of public procurement. To participate in a government tender, it is necessary to understand the unified scheme of the procedure in accordance with the law. The customer is prohibited from establishing requirements other than those specified in Law No. 44-FZ. In addition, the Order of the Government of the Russian Federation dated October 31, 2013 No. 2019-r approved a list of purchases of goods, works, and services that should occur exclusively through an electronic auction. For this purpose, five official electronic trading platforms have been approved. The law also establishes a ban on customers purchasing goods of a certain brand and manufacturer, which makes it possible for a wider range of participants to apply for participation in the tender, providing different price offers. Public procurement is aimed at saving and targeted spending of budget funds, so price will often be of paramount importance. However, the law establishes a number of interim measures, such as anti-dumping measures, application security and special requirements for a bank guarantee acting as contract security.

Procurement by certain types of legal entities (under 223-FZ)

Tenders, which are regulated by the Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities,” are carried out by state corporations and companies, natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic or subsidiaries companies in the authorized capital of which the share of participation of the Russian Federation or a constituent entity of the Russian Federation in the aggregate exceeds 50%. A special feature of these tenders is that the customer independently develops its own procurement regulations, in which it prescribes the mechanism for conducting procurement and concluding contracts based on their results. The law does not determine exactly what types of tenders customers can conduct. Only the competition and auction are indicated, but this list is currently open and the organizer has the right to come up with any procurement methods and establish the procedure for conducting them himself. In order to participate in the tender, the applicant must first study the customer’s procurement regulations, then study the documentation and only then submit an application. But even after this, tenders are fraught with many difficulties. Firstly, Law No. 223-FZ defines adequate deadlines for submitting applications only for a competition and an auction, while the customer, to please himself, can conduct a tender in the shortest possible time, using other procedures not regulated by law. Secondly, the list of requirements that the customer can present to participants is not clearly defined. As a result, the customer often abuses this opportunity, limiting competition and prescribing inflated requirements. Thirdly, the documentation may establish immeasurable criteria for evaluating a participant's applications, and it is often difficult to determine which qualification requirements will satisfy the customer. In addition, the government provides a list of goods, works and services that must be purchased electronically. This can be any type of procurement, applications for participation in which are submitted with an electronic signature, or the procurement must take place on an electronic trading platform. The difficulty is that there are many commercial platforms, and to participate you need to be accredited at the site where the customer places his tender. However, there are also positive aspects of participation in tenders regulated by 223-FZ. Due to the difficulties that arise during procurement, this market has not yet been sufficiently developed, and on the path to victory you can not meet many competitors. Also, often the customer, due to the fact that he is not limited in establishing the procurement method, can carry out a simple procedure for a large initial maximum contract price.

Commercial tenders

Commercial tenders are tenders in which the organizer is any commercial entity. They choose to hold a tender for themselves, since for them this is an excellent way to economically spend their own money. The conduct of these tenders is not regulated by law; the organizers have the right to conduct any procedures according to their own rules. In contrast to the above-mentioned tenders regulated by laws, the organizer does not have the obligation to place a notice of procurement in a unified information system. In addition, the organizer is not subject to administrative liability for violating the tender procedure if the organizer’s actions do not contradict current legislation (primarily the Civil Code of the Russian Federation and Law No. 135-FZ on the protection of competition).

Features of government, commercial procurement and procurement by certain types of legal entities

In general, the regulation of government and commercial tenders is aimed at savings, targeted spending of funds and the development of healthy competition. However, in government tenders, despite the strictness of the law, more lenient conditions are created for participants and more opportunities are given to participate in procurement. While commercial tenders and tenders regulated by 223-FZ, although they provide more freedom to the organizer and participant, the existing difficulties often repel potential participants, which does not contribute to the development of effective competition.

Table 1. Comparison of government and commercial tenders

Thus, there are a large number of types of tenders: for purchase and for sale; government and commercial; open and closed and so on. The emergence of each of them is determined by the specific needs of the market and, accordingly, has its own characteristics in the order of implementation. Today, not only the number of types of tenders is growing, but also the number of tenders themselves, new areas for the application of competitive selection procedures are emerging: sale of state property, selection of a tenant, selection of subcontractors and many others.