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.
Bidding includes a number of legally significant actions, the characteristics of which are necessary to determine the structure of the 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 valuation 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, choosing 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 a step-by-step (in an oral competition) reduction of 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 a competition that seems to be the optimal form of bidding when concluding a contract for the management of a real estate property, since in this case the greatest importance is not the cost of the services of such an organization, but the conditions for servicing 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 of the “best 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 considered as a special case of a 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 usually 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 and improvement work, etc. In turn, land plots are sold at auction in the case when 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 a convenient way for the initiator to choose 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 optimal solution assigned task.
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 state or municipally owned plots for construction non-residential objects). 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: by the order in which the circle of participants is determined and by 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 qualification requirements are imposed on participants, which, however, does not turn them into closed ones, because the selection of persons admitted to participation 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, system analysis Many norms of the Law on the Placement of Orders allow 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.
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, 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 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 basic principle of public procurement in 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, and 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 allowed to bid. 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 other 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 purchased goods, works, services, 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 the maximum number of participants.
In some cases, the customer may set certain requirements for the supplier’s qualifications - 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.
What are electronic trading, auctions, tenders? Where to start, which platform to choose? How do government electronic auctions work and how to get a contract? This article contains answers to these and other important questions for those starting their journey in electronic trading.
Read answers to common questions from bidders:
1. What is electronic trading?
Electronic trading is modern way selection of a supplier (or buyer), in which the buying and selling process is carried out on specialized sites - electronic trading platforms on the Internet. You can buy and sell goods, works or services. For example, electronic auctions for the right to receive government orders are held on five federal platforms: Sberbank-AST, EETP, AGZRT, RTS-tender and the MICEX ETP “Government Procurement”. Customers who work under 223-FZ can also conduct their purchases in the form of electronic trading.
2. What is traded on the ETP?
There are completely different lots on different sites. Theoretically, the range of lots that can be placed on the ETP is unlimited. You can sell (and, accordingly, buy) goods, offer to perform work, or provide various services.
For government customers, there is a government-approved list of goods (works, services), the placement of orders for the supply of which for federal and municipal needs is carried out only through an open electronic auction.
For certain types of legal entities (subjects of 223-FZ: state companies, state corporations, natural monopolies, companies with state participation), the Government also approved a list of goods purchased electronically. Such electronic trading (not necessarily in the form of an auction) is also carried out on an electronic trading platform.
3. Why and how to participate in electronic trading?
Participation in electronic trading is the only way to sell your products or services to budgetary, government organizations, as well as other large companies that various reasons decided to purchase goods and services through electronic trading.
Government customers are required by law to purchase most of nomenclature of goods/works/services only at open electronic auctions. Moreover, this applies to government customers at all levels: federal, regional, municipal. Thus, if you want to conclude a government contract, you need to go to the federal ETP (Sberbank-AST, EETP, AGZRT, RTS-tender, MICEX ETP “Government Procurement”) and trade at auctions.
Large commercial customers (OJSC Gazprom, Rusnano, OJSC MTS, State Corporation Rosatom, etc.) also long ago transferred their purchases to electronic form. The most well-known sites where such auctions take place are B2B-Center, Fabrikant, TZS Electra, and Auction Competitive House.
The law also provides for the sale of property of bankrupt enterprises. If you are interested in a profitable purchase of property, you also cannot do without electronic trading. Electronic auctions on bankruptcy are held on specially accredited platforms, among them “Russian auction house", "Sberbank-AST", "SELT", uTender, etc.
Online course "". Start winning in electronic auctions.
4. What benefits do you get when participating in electronic trading?
By becoming a participant in electronic auctions, you discover new markets, incl. regional (while in Moscow, you can make a sale to a customer located in any other city in Russia) and get access to a wide database of offers for items that interest you.
You interact with bidders without intermediaries, and thus save time and money.
Thanks to modern IT technologies, you quickly receive notifications about new lots, which means you won’t miss interesting offers.
If we talk about government procurement, then participation in electronic auctions is an opportunity to earn your share of 13 trillion rubles. This is the amount estimated at the total volume of state and municipal orders, taking into account state corporations and natural monopolies. The state is a reliable and large customer.
5. What types of electronic auctions are there?
Auctions:
- Open electronic auction: all procedures are carried out entirely on the electronic trading platform. Participants submit price proposals during the bidding process. The participant who offers the best price wins.
- Short auction(sometimes called “reduction”): the customer announces the volume of required services and the initial maximum price, participants submit proposals and undertake to provide the entire volume of services for less money. The participant who offers the lowest price wins. A down auction is the only form of electronic trading for government orders.
- Upgrade auction: The highest bidder wins. Such auctions are announced, for example, when renting out premises or during property sales.
What besides the auction?
Do not forget that in electronic form You can conduct almost any purchase, not just an auction. These could be:
- electronic competition;
- electronic request for proposals;
- electronic request for quotations and so on.
The rules for such procedures are stipulated by the regulations of electronic platforms. Modern electronic platforms offer organizers and bidders a variety of procurement methods.
Choose what suits you best!
The School of Electronic Trading provides professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
6. What is the portal zakupki.gov.ru and what is it for? How has the Unified Information System worked since 2016?
From January 1, 2011, information on placing orders for the supply of goods, performance of work, provision of services for federal needs, the needs of constituent entities Russian Federation or municipal needs was posted on a single All-Russian official website (the abbreviation OOS is often used).
At that time, the OOS was the only official source for providing information on placing orders, until 01/01/2014 - in accordance with the Federal Law of 07/21/2005. No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”, after this date - in accordance with the Federal Law of 04/05/2013. N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
From January 1, 2016, the basis for the information support of the Contract System is the Unified Information System.
The composition of the information in the UIS is commented on by trading expert Roman Chibisov:
From October 1, 2012, in its own separate section zakupki.gov.ru/223, information about their purchases was also required to be published by certain types of legal entities - subjects 223 Federal Law. Among them are state-owned companies, state corporations, unitary enterprises, natural monopolies and companies with state participation. Information about the goods/works/services they purchase can also be found on the All-Russian official website.
7. How to get it?
An electronic signature certificate for participation in electronic trading can be obtained from the SKB Kontur Certification Center. You can ask any questions about obtaining an electronic signature certificate by calling toll-free 8-800-5000-508.
Receive or renew an electronic signature certificate at the SKB Kontur Certification Center.
8. I want to participate in electronic auctions. What should I do?
First, you need to decide what kind of orders you are interested in, government or commercial. This determines which electronic signature certificate will be needed for bidding, and where electronic auctions will be held. Government customers place electronic auctions on five federal platforms. Commercial companies and corporations trade on specialized, including their own electronic resources.
Secondly, in order to become a participant in electronic auctions, an organization must purchase a suitable electronic signature certificate accepted on the desired electronic trading platform (ETP) and undergo accreditation on this ETP. Not only a legal entity, but also individual, incl. individual entrepreneur. The rules are the same.
Thirdly, you need to find the auction you are interested in on the site, study the documentation and customer requirements. And if you are ready to fulfill all the requirements, you can apply for participation.
Online course "". Start winning in electronic auctions.
9. I have an EDS and Rutoken. What to do next?
If you already have a certificate electronic signature for government procurement, you need to find the auction on the all-Russian official website, find out , where the auction will take place (the site is indicated in the notice), undergo accreditation on this electronic site, transfer funds to secure the application and submit an application for participation.
The accreditation procedures and transfer of collateral will take some time (according to rough estimates, a total of at least seven working days). Therefore, we recommend that you undergo accreditation in advance on those sites where customers could potentially place auctions that interest you.
If you purchased an electronic digital signature to participate in commercial auctions that take place on specialized sites, check the accreditation rules on these sites.
10. Which electronic trading platform should I choose?
It depends on your goals. If you want to receive a government order, you must be accredited to the federal ETP: “Sberbank-AST”, “EETP”, “AGZRT”, “RTS-tender”, ETP MICEX “Government Procurement”.
If you want to become a supplier to large commercial customers (OJSC Gazprom, Rusnano, OJSC MTS, Rosatom State Corporation, etc.), then you should choose sites where these auctions take place (for example, B2B-Center, “Fabrikant”, “TZS Electra”, “Auction Competitive House”, etc.)
If you are interested in profitable acquisition of property of bankrupt enterprises, then you need sites accredited to conduct auctions for the sale of property of bankrupt enterprises. Among them are Russian Auction House, Sberbank-AST, SELT, uTender, etc.
Yuri Maisky, presenter of the webinar, comments on where to look for contract information.
11. What is the procedure for government electronic bidding and obtaining a government contract?
For supplier companies, we can roughly identify several stages that they have to go through in order to conclude a government contract:
- Obtaining an electronic signature certificate for government tenders from a certification center.
- Receipt. To do this, on the website of the electronic trading platform, you must fill out an accreditation form and an application for opening an account, as well as attach a number of documents. After this, you need to receive confirmation of accreditation from the site within five days.
- Preparing for trading. The organization selects an auction, transfers an amount equal to the application security to the site’s account and submits an application for participation.
- Bargaining. This is followed by a bidding procedure in which participants submit price proposals. The winner is the one who offered the lowest price, as well as whose application fully meets the customer’s requirements.
- . The winning company is required to enter into a contract. The contract is concluded electronically on the ETP. First, the auction winner signs the draft contract with his/her ES, then the contract with his/her ES is signed by the customer. After this, the contract is considered concluded. All that remains is to execute it! 117,981 views
What all the terms presented have in common is that they all:
– are forms of competitive, market competition between participants for the right to conclude an agreement;
– carried out after collecting a package of documents received from potential participants according to the conditions previously announced in the documentation; within the time limits established by the commission; based on the principles of competition, fairness and efficiency.
Tender is a synonym for the words “bidding”, “competition”. The definition of this term was borrowed from English language. The term has been used in Russia since the 90s of the 20th century. In 1994, the UNCITRAL Model Law on the Procurement of Goods (Works) and Services was adopted at the international level. The Model Law summarized the experience in the field of public procurement abroad and proposed a model for organizing procurement activities for national legislation. In Russian business practice, along with international tenders in which Russian companies participate, there are government and commercial tenders.
A tender is a competitive form of placing orders for the supply of goods, provision of services or performance of work according to conditions previously announced in the documentation, within a specified time frame, on the principles of competition, fairness and efficiency. The concept of “tender” is also used in relation to non-competitive (but competitive) procedures, such as requests for quotes, requests for prices, requests for proposals. The contract is concluded with the winner of the tender - the participant who submitted a proposal that meets the requirements of the documentation, which offers the best conditions.
There is no concept of “tender” in Russian legislation. Instead, the concepts of “bidding” and “competition” are used. Thus, Articles 447-449 of the Civil Code of the Russian Federation define the specifics of holding public auctions in Russia. Article 447 of the Civil Code of the Russian Federation states that the owner of a thing or the holder of property rights or a specialized organization can act as an auction organizer. Bidding is carried out in the form of an auction or competition. The form of bidding is determined by the owner of the item being sold or the owner of the property right being sold, unless otherwise provided by law. An auction or competition in which only one participant participated is considered invalid. Article 448 defines the procedure for conducting auctions, according to which “the person who wins the auction and the auction organizer sign on the day of the auction or competition a protocol on the results of the auction, which has the force of a contract.” Article 449. “Consequences of violation of the rules for conducting auctions” characterizes auctions held in violation of the rules established by law as invalid based on a lawsuit by an interested person. Recognition of the auction as invalid entails the invalidity of the contract concluded with the person who won the auction.
How does a tender differ from an auction?
An auction is a competition between bidders based on only one criterion – price. The auction offers prices and offers for all participants. It differs from a tender by the ability of participants to change the submitted proposal. Each auction participant can change their offers, offering more favorable conditions than their competitors. The auction is held by reducing the initial (maximum) contract price (lot price) specified in the notice of holding open auction, to the “auction step”. The auction step is strictly defined and amounts to 0.5% of the maximum contract price specified by the customer. The supplier who offers the lowest price wins.
Tenders are conducted on the reverse principle. Each participant submits a proposal in a “closed envelope”. Proposals are hidden from competitors and are available only to the tender commission. The goal of the candidates is to provide the tender commission with favorable delivery conditions. The contract will be concluded with the company that offered the best terms for the execution of the contract. Best conditions There are several criteria: price (submitted by the participant in advance), consumer properties, quality of goods, works, services, qualifications of the competition participant, terms, guarantee. An important role is played by the tender documentation submitted by the enterprise. It must meet all the requirements of the tender documentation, that is, contain the technical and commercial parts. In the technical part you need to provide a description and general information about the auction item, provide instructions for suppliers, and provide an information card. The commercial part must indicate prices, conditions, payment schedules, and sources of financing for the contract. The specific content of the tender documentation is determined by the tender committee.
How does a tender differ from a competition?
In fact, these are synonymous words. Unlike “tender,” the concept of “competition” is defined in the main document regulating property relations in Russia - the Civil Code of the Russian Federation. The concept of “tender” is widely used in Russian business practice and is absent in Russian legislation.
Summarizing our analysis, we can draw the following conclusions:
– the concepts of “tender”, “auction”, “competition”, “bidding” are widely used in business practice as forms of competitive competition between participants for the right to conclude an agreement;
– the concept of “bidding” is used in Russian legislation and is divided into two types: auction and competition;
– the concept of “auction” means a type of bidding that is conducted by an auctioneer who organizes direct competition between bidders based on only one criterion - price; differ in the ability of participants to change the submitted proposal;
– the concept of “competition” means a type of bidding in which the competition of participants is carried out according to several criteria: price (submitted by the participant in advance), consumer properties, quality of goods, works, services, qualifications of the competition participant, terms, guarantee. Proposals are hidden from competitors and are available only to the competition commission, which, at a closed meeting, evaluates the packages of tender documentation of bidders;
– the concept of “tender” means a competitive form of bidding and is widely used in international and Russian business.