I, an expert in public procurement, will share the story of a bidder and explain how to avoid similar situations and create favorable conditions for the supplier.

What happened to the entrepreneur

The entrepreneur participated in the tender with 223-FZ for the development and promotion of sites. Previously, he had already cooperated with the customer – he was the only supplier, and he had no competitors. Then the contract was concluded without bidding.

But this time, the customer decided to hold a competition, since the amount of the order was large. The entrepreneur did not expect competition, as he was sure that the experience of working with this client would allow him to quickly complete the project.

The evaluation of bids in the tender included several non-price criteria. One of them was work experience in the required field. The entrepreneur knew that there were no companies with the necessary qualifications in the customer’s region. Although companies from other cities could participate in the competition, he believed that they would not be able to win, because the task required frequent visits to the customer, and the journey from Moscow or St. Petersburg took a long time.

The entrepreneur, confident of his victory, began working on the project before the results were announced. However, the contract went to another firm, which offered a very low price – in other words, dumping. It cost the entrepreneur 2 million rubles.

Later it became known that the winning organization did not fulfill its obligations under the contract. It was assumed that she submitted forged documents – deeds and contracts with friendly companies, but it was not possible to confirm this. As a result, the company was included in the register of dishonest suppliers, and the customer wasted time and did not keep his nerves.

What should have been done in his place

Before applying for a tender, I would take the following steps.

1. Studied the niche. In this way, I would understand the level of competition in the region, how much other procurement participants reduce prices and what experience they have. I would look for information in open contracts under 223-FZ, and if there is no data, I would contact customers who often order such services. They would be able to provide the necessary data and tell how to win the tender.

2. I followed the purchase plans of large customers from my niche. It would help to find out about the tender in advance and prepare for its start.

3. I would turn to customers with whom I worked before for a recommendation. This would increase the chances of receiving new contracts in the future.

4. I would suggest the customer to use a non-competitive procurement method. For example, through an electronic store.

Even in remote regions, there is often high competition. This increases the risk of dumping, so it is important for the customer to choose the tender winner not only on price. A non-competitive way helps to do this and reduce the risks – I would convince the customer to include it in the procurement clause.

If it is not possible to choose a non-competitive method, I suggested that the customer specify non-price criteria in the application in more detail. This will allow you to choose a research company, rather than the one that offers a low price.

Criteria may include:
– proven experience, executed contracts and acts of works;
– letters and thanks from other customers;
– Availability of qualified employees with diplomas and certificates;
— licenses for the software used.

Various cases, for example, the story of our entrepreneur, will help convince the customer to change the procurement method or prescribe non-price criteria.

5. I would recommend the customer to focus on the experience of suppliers with 44-FZ and 223-FZ in a group of companies. It cannot be faked as commercial. So beginners in procurement need to work it out.

6. I would not start the work before signing the contract. Exceptions can rarely be made.

What would be the result?

The measures I would take would allow me to prepare well for the tender, offer good terms and successfully conclude the contract. In the long term, they will help build a strategic development plan, accumulate experience and attract regular customers. Therefore, it is easy to win tenders in the future, even at a higher cost of services.

PS I regularly share useful materials and real stories about public procurement in my Telegram channel.