1. Purpose of contract bidding

In the international practice of capital construction, the selection of designers, contractors, and suppliers of technological equipment is usually carried out on a competitive basis through bidding. The entire process of construction activity in countries with developed economies is associated with choice best project, reliable supplier, contractor, partner, capable of providing best quality products, works, services, the lowest costs when developing a project, reducing the time required to carry out work on a particular project. The best mechanism for creating a competitive environment is contract bidding. Trades - almost the only way selection of construction workers on a competitive basis, who would materially guarantee the exact fulfillment of their obligations.

In connection with the process of development of entrepreneurship in Russia, legal and individuals, vitally interested in the most effective implementation of investments. But in my practical activities they experience great difficulty in determining the real cost of construction, in optimal choice contractors and suppliers.

It should be noted that among contractors and designers in Lately There are also many well-organized companies that are capable of carrying out construction at relatively low prices, with high quality and in a short time. However, many cannot use their potential opportunities due to a lack of information about existing orders for the construction of facilities, ongoing competitions and tenders and their results, as well as due to lack of awareness of the methods of preparing documentation for participation in tenders. These factors are most acute in cases where domestic contractors attempt to participate in international tenders. The Russian construction products market is becoming increasingly open and accessible to foreign contractors, manufacturers of building materials and engineering equipment. An integral part integration into the system of the global construction market is the introduction into the practice of domestic construction of placing an order for construction on a competitive basis, which is decided through bidding.

Contract bidding is a method of purchasing goods, placing orders and issuing contracts, which involves attracting proposals from several suppliers or contractors by a certain, predetermined deadline and concluding a contract with the one whose proposal is most profitable for the bidding organizers (in terms of prices, as well as other commercial and technical conditions).

Contract tenders can be held when:

1. construction of buildings, structures, enterprises; 2. carrying out design and survey, installation, commissioning and other types of work; 3. choosing a supplier of materials, structures, equipment; 4. project management, engineering, consulting, control and supervision; 5. other technical and organizational work and services or their reasonable combinations.

The purpose of organizing tenders is to increase production efficiency, construction quality and reliability of constructed facilities on the basis of competition between organizations and enterprises. Contract bidding facilitates the selection of contractors with a guarantee of its stable financial position, stable production and economic relationships between partners, and well-functioning supply relations. Careful elaboration of contractual terms using pre-contractual relations also creates certain guarantees for the successful completion of the investment project within the agreed time frame.

2. Types of bidding

Depending on the method of holding, tenders can be: Open, in which all interested firms and organizations, both local and foreign, are invited to participate. Public tenders usually place orders for standard equipment, as well as small-scale contract work; ■ Open with pre-qualification of participants; Closed by invitation. Only certain companies are invited to participate in closed tenders and special invitations are sent to them. At closed auctions, orders are placed for unique, complex and special equipment, and so on. Sealed bidding is used in cases where complex orders are placed. Closed tenders usually involve a small number of reputable firms, well-known in this field of production, with extensive experience and well-equipped technical equipment; ■ Single with an organization chosen by the customer. In case of single auctions, their organizers contact only one company without attracting competitors, but in compliance with the external form of the auction and the auction procedure according to the rules of the given country. Single auctions are held in exceptional cases when equipment or other goods can only be purchased from a single monopolist company, and the conclusion of a regular contract for government organizations is prohibited by the law of the country.

Subjects of bidding may be contracts for: Construction of enterprises, buildings, structures for industrial purposes and non-industrial purposes, built on a turnkey basis; Carrying out complexes of construction and installation works and their individual types; Carrying out complexes of commissioning works, engineering survey work; feasibility study; Design; Project management; Supply of complex technological equipment, including on a turnkey basis; Other supplies and services, including consultant services.

The decision to hold a tender is made by the customer. Domestic and foreign construction and installation organizations, equipment manufacturers, intermediary organizations can take part in contract bidding, regardless of their form of ownership, and if this

activities are subject to licensing - those who have a license to carry them out. Contract bidding for objects located on the territory of the Russian Federation is held at the location of the bidding organizer, and for objects located outside the Russian Federation, they are held at a place determined by the bidding organizer.

3. Functions of the organizers and participants of the auction:

The main participants in contract bidding are: the customer, the bidding organizer, the tender committee, and bidders (offers). Engineering and consulting firms and financial institutions may take part in certain bidding procedures. Offeror - the person on whose behalf the offer is submitted, i.e. a set of documents confirming in writing the bidder’s intention to participate in the tender and conclude a contract in relation to a specific subject of the tender on the terms determined by the customer in the tender documentation, taking into account additional proposals from the bidders. Customer - the person for whom the auction object is being built, reconstructed or equipped. The auction organizer is the person to whom the customer has entrusted the conduct of the auction. Tender committee is a permanent or temporary body created by the customer or organizer to organize and conduct tenders. Applicant is a person who decided to take part in the auction before the offer is registered. The customer performs the following functions: Decides on holding contract tenders; Determines the person who will perform the functions of the auction organizer; Monitors the work of the auction organizer and participates in the work of the tender committee through his representative; Sets the final terms of the contract and concludes it.

The auction organizer performs the following functions: Prepares documents for the announcement of auctions, publishes announcements and sends out invitations; Forms a tender committee; Directs and controls the activities of the tender committee and involved engineering and consulting organizations in the preparation of tender and other necessary documentation; Approves the trading results; Considers appeals against decisions of the tender committee; Liquidates the tender committee; Bears all expenses for preparing and conducting the auction.

The Tender Committee performs the following functions: Collects applications for participation in tenders and pre-qualification; Conducts pre-qualification of applicants; Organizes the development and distribution of tender documentation and resolves issues of changes to this documentation and procedures; Familiarizes applicants with tender documentation and provides necessary clarifications; Provides collection, storage and evaluation of submitted offers; Carrying out the bidding procedure and its execution; Determines the winner or makes another decision based on the results of the auction and submits them for approval; Publishes in media mass media report on trading results. All decisions of the tender committee are made at closed meetings in the presence of at least 2/3 of the members by open voting by a simple majority of votes. If there is an equal number of votes cast for and against this decision, the vote of the chairman of the tender committee is decisive. The decision of the tender committee is documented in a protocol, which is signed by all members of the tender committee who took part in the voting. The customer has the right to cancel or change the decision of the tender committee.

The applicant has the right to: ■ Receive from the tender committee comprehensive information on the conditions and procedure for conducting contract tenders; Contact the tender committee with a request to defer the submission of the offer in writing. A person acquires the status of a contender from the moment he applies to the tender committee to participate in the tender. A person loses the status of an applicant in the following cases: At the request of the applicant - at any preparatory stage; Due to failure to undergo pre-qualification, failure to pay the first deposit by the time the offer is submitted; Due to a violation by the bidder of this provision or the terms of the auction known to him. From the moment the offer is registered, the applicant acquires the status of an offeror.

An engineering consulting firm may be engaged by the tender organizer and the tender committee to conduct preliminary studies and issue an opinion on the advisability of putting up for tender a specific volume, prepare tender documentation, develop conditions for prequalification, evaluate bids and issue recommendations for the award of a contract, evaluate proposals and requests

applicants entering the process of preparing tenders, explaining to them the terms of the contract and performing other services. An engineering consulting firm may also be engaged by the applicant to develop an offer. But it should be borne in mind that the same engineering consulting company does not have the right to cooperate in the process of preparing specific tenders simultaneously with the customer, the tender organizer and the tender committee on the one hand and with the applicant on the other hand.

A financial institution acquires the status of a bidding participant if the bidding organizer opens special accounts in it for carrying out financial transactions related to the conduct of contract bidding, including the deposit of security deposits, as well as for carrying out various settlements. The Interdepartmental Commission on Contract Bidding, created under the Ministry of Construction of Russia, deals with: issues of legal and methodological support contract tenders; Coordination of the development of tender legislation; Consulting on the issue of contract tenders.

The procedure and conditions for bidding in many countries are basically similar. However, there are also some features arising from the laws on auctions or associated with certain traditions and customs. In a number of countries, the procedure and conditions for conducting auctions are regulated by special laws and decrees. The bidding procedure is influenced by the country where the investment facility is planned to be built. Many importing countries require bidders to have a representative office in the country. In a number of countries, bidding for the construction of government projects requires that a foreign firm have a local partner. Most countries have certification requirements for architects and engineers that include educational criteria and evidence of experience, and in some cases, technical examination requirements.

There are several stages in conducting a tender: A. Preparation of the tender; B. Submission of proposals by bidders; B. Evaluation of offers and selection of the winner of contract tenders; D. Signing the contract. A. Preparation of tenders The decision to hold tenders is made by the customer, taking into account the specifics of the objects and the readiness of the project documentation. The organization and preparation of tenders is carried out by the tender committee.

The composition of the tender committee is approved by the head of the customer organization. For objects financed from the budget, the composition of the tender committee is agreed upon with a representative of the government agency. The tender committee is headed by the chairman, and the secretariat organizes the work of conducting tenders. In addition, consultants and experts may be involved in its work. The tender committee prepares and publishes the tender announcement. The composition of the information included in the tender announcement, which contains: Name of the customer and auction organizer; Name of the type of auction and the subject of the auction; Brief description construction sites; Approximate volume and timing of work; Conditions for the execution of the contract, the need to take into account a number of restrictions; Address, terms, conditions of purchase and other information necessary to receive tender documentation; Deadline for submitting offers.

Tender documentation is a set of documents containing initial information about the technological, commercial, organizational and other characteristics of the object and the subject of the tender, as well as the conditions and procedure of the tender. Tender documentation usually includes the following main sections: Invitation to participate in tenders; General information about the volume and subject of trading; The technical part (project documentation) and the commercial part of the tender documentation; Instructions to offerors; Applicant's application form for participation in the auction; Conditions and procedure for bidding; Draft contract. At the discretion of the tender committee, the information contained in the tender documentation may be reduced or supplemented. The Tender Committee distributes tender documents to all participants wishing to participate in the tender or organizations selected as a result of pre-qualification. Tender documents are distributed for a fee determined by the committee. The currency of payment for tender documentation is determined by the tender committee.

B. Submission of proposals to bidders:

In international practice, various methods of submitting proposals for participation in tenders are used. The first method assumes that the tenderer fills out and signs all pages of the tender proforma, indicating in it his price and other competitive conditions. The tender pro forma completed and signed by the offeror has the force of a tender and is submitted to the tender organizers for participation in the tendering procedure - competitive selection. A tender pro forma is a form to be completed and signed by the tenderer when he agrees to undertake all obligations to perform the work in accordance with the general and special conditions of the tender documents. It should be borne in mind that the term “tender” in international practice is used in different meanings: As a notice of upcoming tenders, as an invitation to a number of well-known companies that have the necessary technical and financial base to participate in tenders, as a special invitation to one or more companies selected in advance to participate in closed auctions; As a set of tender documentation reflecting the requirements of the tender legislation of the importing country; As a pro forma proposal drawn up by the tender organizer, included in the tender documentation; As a proposal (offer) of a company or organization (offerer) wishing to take part in the auction; As a closed procedure (without inviting bidders), as a result of which the counterparty with whom the contract is concluded (usually for technically complex, unique new equipment, large industrial facilities) is determined.

The second method involves the tenderer submitting a tender drawn up by himself and fully complying with the terms of the tender documentation. Offers are accepted in two envelopes. The outer envelope contains an application for participation in the auction, a copy of the payment document confirming the payment of the first deposit, and an inner envelope containing the proposals of the bidder-offerer and a bank guarantee. The inner envelope must be sealed by the bidder at the time of submission of the offer. Upon acceptance of the offer, the secretariat of the tender committee checks the completeness of the outer envelope. If one of the above documents is missing from the outer envelope of the offer, the tender committee may decide to refuse to accept the offer. The first guarantee deposit is a form of security for the fulfillment of the applicant’s obligation to participate in the auction on the terms of the auction organizer and bear all the associated risks. As the main form of the first guarantee deposit, it is recommended that the offeror deposit the deposit amount - the deposit into a bank account as directed by the tender committee. When determining its value, it is assumed that, on the one hand, the deposit mainly compensates for the damage of the customer in the event of the refusal of the winning bidder to sign the contract, and on the other hand, that no obstacles are created to attract participation in the contract.

bidding by a sufficient number of competing bidders. In international practice, the amount of this deposit is up to 2% of the price of the item being auctioned; in Russia in 1994 this amount did not exceed 1%. Deposits made by bidders (except the winner) are returned to them within the time specified in the tender documentation. The deposit is alienated if the bidder: Does not maintain the validity and immutability of its proposal for the period of time specified in the tender documentation or proposed by the bidder; Refuses to enter into formal agreements with the customer after his proposal is accepted by the customer prior to the expiration of the proposal. In case of winning the auction, the deposit is taken into account at a certain final amount. Proposals are sent to the tender committee by registered mail or submitted against receipt. Proposals received after the deadline will not be considered. The date of submission of proposals is determined by the date of registration upon delivery against receipt or by the date indicated on the postmark. Applicants have the right to contact the tender committee if it is necessary to develop a more thorough and scientifically sound technical and commercial proposal with a request to increase the time for its preparation. If the tender committee grants additional time to prepare a tender proposal for one of the participants, the same condition applies to all other tender participants. The bidder has the right, while generally accepting the contract terms contained in the tender documentation, to attach individual amendments to these terms and conditions, as well as to submit an alternative proposal. An alternative offer is an offer provided simultaneously with the main offer, containing conditions that differ from the main offer. The bidder has the right to withdraw his offer before the deadline for opening the auction by notifying him in writing or by fax. The applicant who decides to take part in the tender submits the following documents to the tender committee: Application for participation in the contract tender, which informs the applicant’s decision to participate in the tender on the grounds given in the tender documentation, and his details; A copy of the payment document confirming the payment of the first deposit and a temporary guarantee in the form of a bank guarantee; A certificate of contracts concluded in the last 12 months indicating the main terms of the contracts, with a list of subcontractors, foreign partners, if any; An offer developed in accordance with the requirements of the tender documentation.

The Offer contains detailed information about the organization behind whose name the tender proposal is submitted: Full name of the organization (applicant) and its details, address, telephone, telefax and others; Core activity; Certified copies of registration and statutory documents; Licenses for certain types of activities; Structure of the organization (company), presence of branches and subsidiaries; Annual volume of work for the last three years similar to the work that is the subject of bidding, including those completed on our own; Bank details; Data on the composition and qualifications of technical and production personnel for the last three years; Number of administrative and management personnel; List of equipment necessary to perform the work in question; Data on the financial position, including the balance sheet, calculation of profits for the last three years; Information about the solvency of the applicant, signed by the authorized bank; List of office and production premises; The applicant’s experience and work experience in the field determined by the subject of the tender; Photos, books, articles, customer reviews confirming the applicant’s experience and his ability to complete the work presented at the auction. The technical part of the offer contains: Schemes and schedules of work; Delivery schedules for construction equipment and technological equipment; Work schedules; Composition of attracted material and labor resources, construction machines; List of involved subcontractors and transport organizations; Working hours, personnel training; Providing workers with housing and facilities social infrastructure; Proposals for protection environment, safety precautions. The commercial part of the offer contains: The price offered by the offeror for the subject of the tender, the conditions and composition of the price revision; Conditions, types and methods of making payments depending on the price level, the expected form of payment, the procedure for financing, the terms of crediting the work.

AT 4. Evaluation of offers and selection of the winner of contract tenders.

To open the envelopes, by order of the chairman of the tender committee, a special one is appointed and the bidders and the cost of the contract work proposed in the bids are registered, as well as additional information, if provided for in the tender documentation. Other information regarding the content of the proposals is not disclosed. After checking the availability of the required information and documents and compliance with all formalities, an appropriate protocol is drawn up. The protocol must indicate that it has been read and found to be correct. The protocol is signed by all members of the commission. Proposals submitted out of form or not admitted to bidding are separately listed in the minutes, indicating the reasons why they were rejected. Once all bids have been opened and the proposed contract price has been announced, no changes are permitted to any bidder. During the evaluation of received proposals, the tender committee has the right to invite applicants for clarification and request additional information and documents from them. Participants who have submitted proposals cannot withdraw their proposal until the end of the commission’s work; such a step alienates the “guarantee of seriousness”. If there are errors identified during the verification of tender documentation, the tender committee has the right to provide the applicant with the opportunity to amend the documentation or make a different decision. When evaluating competitive proposals, the Tender Committee may use any criteria and methods that it deems preferable. In the actual practice of conducting contract bidding, various methodological approaches are used: from selecting the winner according to one criterion - the minimum offered price, to scoring. This experience has been summarized by the Institute of Construction Economics and its recommendations for evaluating offers are offered below.

The system of indicators for assessing the technical part of offers may include: Indicators characterizing the time parameters for fulfilling the obligations of the offeror (dates for the start and completion of work, putting the facility into operation, supply of products, etc.); Indicators of the quality of products or services provided by the offeror (quality of master plan solutions, urban planning, architectural, space planning, structural design solutions, main and auxiliary facilities, quality of engineering survey, design, construction, construction, installation, commissioning, repair work, quality of supplied

technological and engineering equipment, other industrial products, quality of services provided, completeness of supplies, etc.) Indicators characterizing the organization of work performed by the offeror in terms of compliance with safety measures, health protection of workers and environmental protection (health and labor protection measures, compliance fire safety, to prevent pollution of air, land surface and groundwater, etc.); Indicators characterizing the level of organization by the offeror of management of the processes of preparation and implementation of design, construction or implementation of work packages, the level of qualifications of workers and administrative and managerial personnel (use modern methods project management, automated information processing systems, ensuring a balanced work schedule, applying a progressive enterprise management structure, attracting highly qualified specialists, etc.); Indicators characterizing the technical level of means of production used by the offeror (quality level of machines, mechanisms, technological processes, quality control means and the degree to which the offeror is equipped with these means); Indicators characterizing the degree of use of local resources by foreign contractors, as well as contractors from other regions Russian Federation(local labor force in those professions for which the region has underemployment of locally produced materials, products and semi-finished products, when the region has excess capacity for their production, local waste industrial production and other resources); Indicators characterizing the technical and property guarantees provided by the offeror (for free elimination of detected defects and deficiencies during the warranty period, for compensation for possible damage to the customer, etc.); Other indicators of the technical part of the offers, determined by the customer for each specific case.

The indicators for assessing the commercial part of offers may include: The price proposed by the offeror for the subject of contract bidding (construction, performance of a set of works, provision of services, supply of products), indicating in what currency and in the prices of what period the proposed price is calculated; The method proposed by the offeror to take into account, when making payments for work performed, subsequent changes in the price level in connection with inflationary processes, changes in legislation in the field of tax policy and other issues; Offeror's proposals on the terms and procedure for financing and lending of contract work.

The customer does not have the right to conduct any negotiations on the subject of the tender with the tenderers or with other persons from the moment of announcement of the tender until the approval of the results of the tender. If during negotiations with the winning bidder the bidder puts forward unacceptable demands, the tender committee, in agreement with the customer, has the right to begin negotiations with the bidder who took the next place. After the auction, the customer (organizer of the auction) returns the deposit amount to the applicants within a specified period from the moment the winner of the auction is announced. This period cannot exceed five banking days.

The tender may be declared invalid by the tender committee if: Before the end of the closing period of the tender, not a single offer has been received; All offers presented do not contain bank guarantees. If all submitted offers do not comply with the terms of the tender documentation, the auction is considered completed, but has a negative result. In this case, the customer may schedule re-tenders. The tender committee submits the results of the auction in the form of a protocol to the auction organizer for approval. three-day period after making an appropriate decision, after which the auction organizer, within a week, reviews the submitted documents and makes a decision to approve the results of the auction. If the bidding results are not approved, the bidding organizer makes a reasoned decision and forwards it to the tender committee. In this case, the auction organizer has the right to make any decision based on the results of the auction: Signing an agreement of intent between the customer and the offeror or offerors for the purpose of further negotiations. Signing a contract between the customer and the offeror; Carrying out repeated auctions. Trading is considered closed after approval of its results by the bidding organizer.

D. 5. Signing the contract

Signing a contract with the winning company is the last stage of the tender. In accordance with the conditions of bidding in all countries, the winning bidder is required to pay a second security deposit. The second deposit (second security deposit) is a form of security for the fulfillment of the offeror's obligation to conclude a contract and perform contract work or supply products put up for auction.

When choosing one of several forms of the second guarantee deposit and its value, the auction organizer must take into account the real financial capabilities of potential bidders and their intended guarantors. In Russia in 1994, the value of this pledge was set at a relatively low level or not set at all, keeping in mind that the functions of the second security pledge were performed by a bank guarantee. After the order is completed, the second guarantee deposit is returned to the supplier, and the method of this return can also be different: either in its entirety after delivery of the equipment, or in parts as the order is completed (in proportion to deliveries). Organizers of the auction, acting as customers after the auction, have the right to use this deposit to cover individual claims that arise during the execution of the order (in case of delivery of low-quality equipment, delay in the start of delivery, and so on). The terms of contracts concluded as a result of tenders differ little or not at all from the terms of ordinary contracts. However, sometimes they contain some specific conditions. The conclusion of a transaction based on the results of the auction can also be carried out by applying (accepting) the offeror’s proposal without subsequent signing of the contract by both parties. The organization and conduct of tenders is carried out at the expense of the customer with attribution to the cost of construction, as well as funds from the sale of tender documentation. If violations of the auction are detected, the results are considered invalid, and the auction organizer pays compensation for costs to everyone who took part in the auction. The amount of compensation is determined by calculation based on the actual costs incurred. The person who decides to participate in the tender as a tenderer bears all costs, losses and risks associated with this decision. Thus, the bidder is obliged to purchase the tender documentation at the announced price within the announced period, and to make a security deposit on time in the announced amount and form provided for by the terms of the auction. The offeror is obliged to provide financial guarantees and security provided for by the terms of the auction in the prescribed form and within the announced deadlines. Violation of any of the financial conditions entails the unconditional loss of the status of a bidder with property consequences provided for by the conditions of the auction.

6. Secondary, tertiary and re-tenders

The tenderer who wins the tender and concludes the contract has the right to appoint and announce secondary tenders for the performance of part of the work stipulated by the contract. At the same time, holding secondary auctions should not violate the terms of the concluded contract. The tenderer who wins the secondary tender can do the same and, in turn, announce tertiary tenders for certain types of work or supplies. The procedure and conditions for conducting secondary and tertiary trading are the same as for conducting primary trading. The customer has the right to appoint a repeat tender for the same object with the same subject of tender if, as a result of the initial tender, the contract was not awarded.

7. Dispute resolution

All disputes between bidders are resolved, as a rule, through consultations between the bidders and the interdepartmental bidding commission, and this procedure must be documented. If it is impossible to resolve the dispute in the specified way, it is considered arbitration court in the manner prescribed by law.

Main stages of competitive bidding:

1. Development of competition documentation (tender dossier). Tender documentation is a set of documents containing information that allows the applicant to make a decision on participation in the tender and prepare tender proposals (offers), as well as the rules and procedures for the tender.

2. Notice of bidding (competitive publication, invitation to participate). Broad, complete and early information makes it possible to present a proposal to a maximum number of people, while ensuring openness and transparency. The tender may be preceded by prequalification, which is carried out according to the following parameters:

· Experience in carrying out similar work;

· Availability of necessary production capacities;

· Financial position;

· Reputation.

The decision to admit an applicant to participate in the competition is made by the competition commission through a simple vote.

3. Preparation and submission of trade proposals (offer). Simultaneously with the submission of proposals, a security deposit is made in any form acceptable to the customer, specified in the tender documentation.

4. Evaluation of proposals and award of contract. Potential bid winners are sorted, which makes it possible to reserve suppliers in the event that the winner refuses to enter into a contract.

5. Conclusion of a contract.

6. Summing up, drawing up statistical reports.

According to Article 41 “The concept of an electronic auction and cases of its application” of the Law of the Republic of Belarus No. 419-Z “On public procurement of goods (works, services)”: an electronic auction is a type of public procurement procedure, which is a transparent and competitive way of selecting a supplier (contractor, contractor) when carrying out public procurement on electronic trading platforms.

Electronic auctions have undeniable advantages over traditional types of trading. Among them: student confidentiality

Contract bidding- one of the options for purchasing products, placing orders, as well as providing contracts, according to which a supplier (contractor) is selected on a competitive basis.

Contract bidding: classification

Bidding is one of the most popular procurement methods, which was used by Peter I during the construction of ships.

At the present stage, contract tenders are held to solve various problems:

Purchases of works, services and products within government orders;
- procurement of resources necessary for the implementation of investment projects;
- procurement of goods for projects paid for with public money;
- procurement within projects financed by international structures (EBRD, IBRD and others).

Contract tenders can be classified:

1. By industry- mechanical engineering, agricultural, fuel and energy, housing and communal services, etc.

2. By variety- electrical installations, sanitary-technical, general construction.

3. By direction- to perform individual works (for example, supply of transport, equipment), construction of facilities, implementation of pre-project activities, turnkey construction, carrying out comprehensive analysis and monitoring activities.

4. By type of property- for the construction of facilities for state or federal needs, for the performance of work (services) for different types property (foreign, private, state).

5. By type of organization:

With or without preliminary selection of applicants;
- with the involvement of participants from other countries or the admission of only residents;
- with limited or free access of participants.

6. According to the circle of potential performers:

- regular open tenders. The main requirement is the availability of publications about the auction in the printed press and on the Internet. This type of contract bidding is public. Anyone can participate in open bidding. Bidding is held to find performers for orders of low complexity. In this case, the total order amount can be significant. Companies that act as bidders must purchase tender documents from the organizing party, study them and prepare their proposals;

- open tenders with the condition of preliminary classification- one of the varieties of public competition. Open tenders with “weeding out” in the second phase have the properties of closed tenders;

- single trades - a rare event. Their peculiarity is the involvement of one offeror, that is, a party that has permission () to carry out specific deliveries;

- closed auctions. Conducted with the participation of well-known suppliers, consultants, contractors who have proven themselves and have experience in a particular industry. Closed tenders are organized when purchasing expensive equipment that has special specifications, supply of expensive equipment, carrying out design and complete works.

7. By affiliation- international, national.

Contract bidding may take place in two stages. At the first stage, a general contractor is selected, who conducts secondary bidding, identifying suitable subcontractors.

Contract bidding: principles, stages of implementation

The following principles are typical for contract bidding:

- openness. Potential participants and the public are given access to the information necessary for participation - publications of regulations, data on results, conditions of contract tenders, and so on;

- compliance with procedures and openness. Organizers of contract tenders must strictly follow the established procedure. For example, for public procurement, all documentation must be available, the volume of required data must be established, bidding methods must be determined, and so on;

- effective and open. All participants who meet the customer's requirements must have access to contract tenders. The higher the open competition, the greater the efficiency of procurement;

- equality and justice. All applicants (bidders) must be treated equally and fairly by the organizers. The criteria, conditions, principles and features of bidding are identical for everyone. It is prohibited to change the conditions during the competition period. Discrimination against any applicant is also prohibited;

- efficiency. Contract bidding procedures should be carried out with the lowest possible costs.

Stages of implementation of contract tenders include:

- organizational events. This includes the decision to hold tenders, issuance of an administrative document, identification of responsible persons, and so on;

- development of tender documentation with determination of the order and timing of the work;

General information about trading, terminology

The purpose of contract bidding is to select the best contractor for construction activities. Contract tenders can be announced for all types of construction activities: surveys, design, production of building materials, construction and installation work (including for the customer and general contractor).

The main trading participants are :

Customer of the auction (investor or customer of future construction);

The organizer of the auction (the person who has been entrusted by the customer of the auction to conduct it), the organizer of the auction must have a license to conduct the auction;

Tender committee (permanent or temporary body created by the auction organizer to select the winner (contractor) from among the applicants);

Bidder (a person who decided to take part in the auction and purchased the tender documentation);

Offeror (a person from among the applicants who submitted an offer to the tender committee);

Contractor (winner from among the tenderers).

The customer, organizer and applicants must have a license to carry out the relevant types of activities. In addition to these persons, the tender committee may involve an expert and consulting organization to participate in the bidding.

Contract bidding documentation:

1. Announcement of tenders or invitation of bidders(published in periodical documentation).

Composition of the ad:

1. name of the customer and auction organizer;

2. name of the type of object and subject of bidding;

3. type of bidding;

4. brief description of the construction site;

5. approximate terms of contract implementation, the need for a number of restrictions;

6. conditions for fulfilling the contract, the need for a number of restrictions;

7. terms of purchase and other information for obtaining tender documentation;

8. deadline and address for submitting competitive bids (offers).

2. tender documentation.

It is developed by the auction organizer (tender committee) and sold to applicants.

Composition of tender documentation for contract bidding for construction and installation work:

· conditions and procedure for bidding;

· general information about the subject of the auction;

· documentation on the object and subject of the auction (drawing, technical specifications, etc.);

· requirements for the composition of the offer documentation;

· instructions to the offeror;

· draft contract agreement as amended by the customer;

· bidder application form for participation in the auction.

3. Offer – applicant's document.

Draws up on the basis of tender documentation and submits it to the tender committee by the deadline. The instructions to the offeror contain information and requirements for the development, procedure for execution and presentation of offer documentation.

4. Protocol of the tender committee on the results of the auction.

5. Contract between the customer and the winning bidder (contractor).

Stages of contract bidding:

1. Making a decision to hold a tender:

Participants in the stage:

A) customer of the auction:

Issues an administrative document on the holding of tenders;

Sends an application to the organizer of the auction to conduct it;

Concludes an agreement for holding auctions with the organizer, with the obligatory indication of their type and timing.

b )auction organizer :

checks the legal purity of the application;

concludes an agreement on conducting tenders with the customer of the tender.

2. Bidding preparation:

Participants in the stage:

A ) auction organizer :

Draws up and publishes an advertisement for tenders;

Forms a tender committee;

Directs and controls the activities of the committee

b) tender committee :

Makes a decision on involving expert-- - consulting organizations in the bidding;

Determines the composition of tender documentation, organizes its development and distribution, provides explanations to applicants on tender documentation;

Conducts, if necessary, pre-qualification of applicants;

Receives applications from offerors, registers them in a special journal, and stores submitted offers before the start of bidding.

V) expert consulting organization :

Develops conditions for prequalification;

Provides explanations to applicants regarding the terms of the competition.

G) challenger :

Purchases tender documentation;

Makes the first deposit;

Submits an application to participate in the auction with an offer attached.

3. Bidding:

Participants in the stage:

A) tender committee :

Determines the list of persons invited to the auction;

Carry out the bidding procedure by opening envelopes with offers;

Sets a deadline for consideration of offers;

Makes decisions based on the results of trading.

b) expert consulting organization :

If necessary, communicates to the tender committee the reasons for its recommendations for awarding the contract.

V) offeror:

Speaks at the auction with explanations of his offer.

4. Registration of trading results

Participants in the stage:

A) tender committee :

Draws up a protocol of the decision of the tender committee for bidding, and, if necessary, informs the organizer of the motivation for its decisions;

b) offeror :

Can file a complaint or appeal against the decision of the tender committee;

Receives the return of the 1st deposit from the organizer.

V) auction organizer :

Considers complaints and appeals against decisions of the tender committee;

Pays all expenses for preparing and conducting auctions;

Returns deposits to offerors.

G) contractor :

Makes a second deposit (after he is awarded the victory);

Concludes a contract with the construction customer

receives a refund of the first and second deposit (after the conclusion of the contract).

d) construction customer :

Concludes a contract with the winning bidder.

Previous

Introduction

In the context of the development of new economic relations, the problem of developing and activating market mechanisms for managing capital construction, which includes the contract bidding system, becomes especially relevant.

Contract bidding in construction and urban services is carried out for objects, works and services, including the construction of new, expansion, reconstruction and major repairs of existing buildings, urban highways, engineering structures, maintenance of housing stock, transport communications.

Trades come out effective way selection on a competitive basis of participants in investment and construction activities. The introduction of a contract bidding system ensures an increase in the quality of construction, a reduction in its terms, rational use funds, reducing the risk of non-fulfillment of contractual obligations during the implementation investment projects. In addition, in modern economic conditions and growing competition, competitive procurement of a contract is the main condition for the survival of a construction organization and an indicator of its competitive position in the market of construction work and services.

Contract tenders in construction

In the international practice of capital construction, the selection of designers, contractors, and suppliers of technological equipment is usually carried out on a competitive basis through bidding.

The entire process of construction activity in countries with developed economies is in one way or another connected with the selection of the best project; a reliable supplier, contractor, partner, capable of providing the best quality of products, works, services, the lowest costs when developing a project, reducing the time required to complete work on a particular project.

The best mechanism for creating a competitive environment is contract bidding, which makes it possible to demonopolize the construction services market.

The customer of the work during the bidding strives to ensure Better conditions on prices, quality of work and deadlines for their completion.

Bidding, compared to direct bilateral contracts, creates conditions for competition between contract construction and design firms, suppliers and allows the customer to choose the most advantageous offers in terms of both price and other commercial and technological conditions

Competition in placing orders occurs at every phase of the project life cycle. This is done in the form of competitions and contract tenders.

Contract tenders can be held when:

Construction of buildings, structures, enterprises;

Carrying out design, survey, installation, commissioning and other types of work;

Choosing a supplier of materials, structures, equipment;

Project management, engineering, consulting and control and supervision;

Other technical and organizational work and services in their reasonable combinations.

From the above conditions follows the definition: contract bidding is a competitive form of placing orders in investment construction activities at all phases of the project in order to select the best offer for the performance of work and provision of services.

Bidding is practically the only way to select construction contractors on a competitive basis, who would materially guarantee the exact fulfillment of their obligations.

The paper discusses the main points of conducting competitive bidding and concluding a contract with the winning bidder.

The organization and conduct of contract tenders (competitions) can be considered as a kind of project, the purpose of which is to select the best offer for the successful completion of work and provision of services (Table 1).

Table 1 - Organizational process of contract bidding

Bidding phases	Contract Bidding Process Procedures
Initial phase	Initiation of trading Appointment of the auction organizer Determination of the object and subject of the auction Auction announcement
Project development phase bidding: preparation and holding auctions	Formation of a tender committee Carrying out pre-qualification Development of tender documentation Calculation of investor and offeror estimates Preparation of offers and proposals Meetings and negotiations Visit to the construction site Verification of documents Making a deposit
Execution phase bidding project: holding auctions	Approval of regulations and evaluation criteria Procedure for opening offers Evaluation of proposals and their analysis Justifications of the tender committee Selection of general contractor Subcontractor selection Control and verification of documents
Completion phase: conclusion of contracts	Contract preparation Conclusion of contracts and subcontracts Control of documents, procedures, analysis and data bank
Winner and Contract Information

The presented phases of the implementation of the bidding project correspond to the procedure and sequence of performance of certain works by the bidding participants.

The composition and volume of phases are general in nature and can be changed and supplemented in each specific case. At every step of the bidding project, bidders act within the scope of their rights, functions and responsibilities.

There are a number of guidelines, standards and methods (methods) have been developed to achieve compliance with the requirements of regulatory documents that are applied at each phase of the bidding project, and the process of conducting contract bidding itself should be considered as a stage in the life cycle of the investment project.

The bidding procedure consists of the following stages:

Before making a decision to conduct contract bidding, the customer must receive the necessary investment resources (or the right to dispose of them in the time interval required for the creation of the facility), confirmed by relevant financial documents, for example, a loan agreement, a bank certificate, or a resolution of the executive body state power, for full or partial financing of facilities for federal government needs.

The next set of problems that the customer needs to solve before announcing the tender is the development of the concept of future contractual relations between the customer and the winning bidder. The essence of the concept is expressed in the degree of responsibility of all subjects investment activities. The degree of responsibility is determined by the organization of the relationship between the customer and the work performer (contractor).

The most developed form of relationship between the customer and the contractor is the selection of a general contractor (general contractor). The degree of responsibility for the performance of work is determined on the basis of a contract concluded between the customer and the general contractor. Based on these contractual relationships, the general contractor selects subcontractors to perform special types of work.

After fulfilling the above conditions, one of the first problems that the customer should solve is the identification and appointment of the auction organizer.

The customer can entrust the functions of the auction organizer to one of the specialized companies that has a license for this type of activity, or by order of the head of the administration of a constituent entity of the Russian Federation, a company is determined that is entrusted with work throughout the entire territory of this constituent entity of the Russian Federation. The auction organizer performs the following functions: forms and approves the composition of the tender committee, prepares documents for announcing tenders, publishes an announcement or sends out proposals, organizes the development and distribution of tender and other necessary documentation, approves the results of tenders, and liquidates the tender committee.

The authority of the auction organizer is confirmed by the customer’s administrative document or the relevant agreement. The organizer has the right to delegate part of its powers to the tender committee.

After the appointment of the auction organizer, the customer or the auction organizer determines the object and subject of the auction.

Before the announcement of the auction, the auction organizer, implementing the customer’s conditions, decides on the type of auction: open or closed, with or without prequalification.

In closed bidding, the customer invites several companies already known to him to participate in the bidding. In open auctions, the customer, by means of an announcement in the open press, invites everyone to take part in the auction. The announcement of the auction, published in the press, is drawn up in any form; all interested foreign and local firms can take part in the open auction. A notice of prequalification must be included in the tender announcement. When conducting closed bidding, a notice of prequalification is contained in the invitation.

Depending on the object and subject of the tender, the customer (or the organizer of the tender) independently forms a tender committee, attracting its own specialists, representatives of research, design, engineering, consulting and other organizations, individual consultants and experts on the basis of contracts concluded with them in accordance with the current legislation.

The tender committee may include representatives of the Russian Ministry of Construction and the Interdepartmental Commission for Contract Bidding under the Russian Ministry of Construction.

The tender committee, together with the auction organizer and the customer, bear full responsibility for the correct preparation, conduct and objectivity of the tender results, compliance with laws and other regulations of the Russian Federation, international agreements. The Tender Committee has the right to delegate part of its functional responsibilities for the development, distribution and examination of tender documentation, evaluation of competitive proposals to engineering and consulting organizations that have the appropriate license.

If the customer decides to hold a tender with pre-qualification of applicants, a procedure is carried out to determine the technical, economic, organizational and other potential capabilities of the applicant to perform the contract submitted for tender. Prequalification provides certain guarantees for the selection of possible applicants.

After this, the tender committee develops tender documentation (tender), consisting of technical and commercial parts. It, in addition to indicating the place, day and hour of opening and closing of the auction, the name of the organization that conducts it, contains information about the nature of the object, its capacity, productivity; about the main technical and economic characteristics; what additional technical and explanatory documentation should be attached by the offeror to his proposal; about the main commercial and technical conditions, including the construction period, the terms of payment (as well as other information, for example, related to the provision of a loan by the exporter) and the payment of security deposits (their amount, the possibility of replacing them with a bank guarantee); indications of the prices at which proposals should be submitted by tenderers; sliding prices are allowed for large objects; the terms of arbitration, fines, guarantees, the possibility (or impossibility) of providing alternative proposals and requirements related to the provision of technical services are also reported. If we are talking about the construction of an object, the documentation contains a separate description of the object, technical requirements, the required amount of graphic materials, commercial conditions, a draft contract, which allows the contractor to correctly estimate the cost of construction, and in the future, if the contract is awarded, draw up working documentation and carry out construction . Tender documentation is purchased for a certain, usually insignificant, fee.

1) general ( General terms bidding), which is often similar for many types of facilities being built in a given country;

2) special, containing the necessary information about this particular object (detailed technical and economic characteristics); If necessary, this part may be accompanied (in addition to specifications) by drawings and other documentation.

Upon successful completion of prequalification, contractors submit an offer for bidding, competition between contractors intensifies, and at the next stage of bidding, the strongest of them are selected, including by justifying the cost of work that is rational for the customer and contractor. At the final stage of the bidding (identifying the winner and signing the contract), the final contract price for the contract work is determined. And although price is not always the most significant criterion in assessing the potential capabilities of an applicant as part of the offer indicators, it nevertheless occupies one of the leading places, and its determination is perhaps the most difficult, time-consuming and responsible task. Moreover, if other private indicators (criteria) are conditionally constant values ​​at the time of their provision and determination (construction experience, indicators of the financial condition of contractors, the level of qualifications of specialists, the level of technical equipment, etc.), then the price of the offer is such a private an indicator whose value cannot be unambiguous.

To determine the cost during the preparation of proposals at free (negotiable) prices for construction products inserted:

When developing the basis for investment and design and estimate documentation at the request of the investor - investor estimates;

When preparing a contract, when tender documentation has been developed, - the contractor's calculations.

It should be borne in mind that the costs determined by investor estimates and contractor calculations may not coincide.

Investor and contractor estimates can be prepared using various methods, the choice of which is made in each specific case depending on the contractual conditions and the general economic situation.

1) determination of the cost of the subject of contract bidding (CT) in the presence of pre-project and design estimates documentation, when:

Ct = At ​​+ Kn + Knds,

contract tender bidding project estimate

where At is the estimated cost at the current price level for the period of contract bidding; Kn - the coefficient of inflation and the cost of the subject of bidding until the moment of payment under the contract; KNDS - VAT accounting coefficient.

2) determining the cost of the subject of contract bidding in the absence of pre-design and design estimates documentation for aggregated indicators and for analogous objects using several options, bearing in mind that it is necessary to have basic design decisions and deadlines for the completion of work.

IN market relations the contractor needs to calculate the cost of contract work based on a cost structure that does not comply with the recommendations of the Ministry of Construction of the Russian Federation. This is due to the fact that when performing a comparative analysis of construction costs for all tenderers, the customer is not interested in the contractor’s cost structure. The tenderer whose price he has determined, as well as other parameters, turns out to be most acceptable to the customer will win the contract auction. He will have the right to enter into a contract for contract work.

Thus, the proposed new approach to the pricing system and determination of construction costs allows us to streamline the determination of contract prices for construction products, taking into account the alignment of interests of customers and contractors.

When submitting documents to the tender committee, to confirm the seriousness of their intentions, each applicant makes a deposit, usually an average of 2% of the proposal amount. If proposals are rejected, the deposit amount is returned to the applicant.

For the successful performance of bidders at the auction great importance has strict compliance with all provisions and requirements specified in the conditions of bidding, as well as the preparation of offers in a strictly defined form. Without complying with these requirements, the possibility of winning the auction is almost impossible, since their organizers have the right not only to reject, but also not to consider at all those proposals that do not meet the agreed conditions. In addition to complying with all the above formalities, bidders' proposals must be duly signed, certified by the offeror's seal and sent to the bidders in sealed, and sometimes (as required in some countries) double envelopes. In this case, on the outer one only the address of the organization conducting the auction (or the address of the recipient of the proposal) is written, and on the inner one - the auction number, the name of the object and the date.

After holding meetings and negotiations, visiting the construction site, checking documents, the winner of the tender is determined in accordance with the approved regulations, documented in the protocol of the tender committee, which is not an act of legal sealing of the transaction.

On the appointed day and hour, envelopes with proposals are opened, but due to the fact that proposals contain a large amount of information, on this day an announcement is made about all bidders and applicants who are admitted to further consideration. The decision and award of the order usually occurs several months after studying the proposals, the creditworthiness of the applicants, and their production capabilities.

The final stage in case successful implementation The final bidding ends with the signing of the contract.

Regulatory documents imply a long chain of legal actions, starting from the development of tender documentation and placing an advertisement about tenders in the media and ending with determining the winner of the tender and concluding a contract with him.

A contract must be legally formalized to be binding.

In capital construction markets, a significant number of contract models are used, differing in the way they assess the cost of the work performed by the contractor and the degree of responsibility involved in performing the work. Today there are four main types of contracts used in the investment field - A, B, C and D.

Type A - a contract with a fixed, lump sum price (amount). Lump sum price (amount) is the total amount without differentiation of its constituent parts (components). The term comes from the German word "pauschal" (for a circle, in general, of everything); is used when we are talking about establishing one total amount for a batch of homogeneous or dissimilar goods or for performing certain works (services). For example, for the supply of complete equipment for a power plant under construction, a lump sum of $30 million is assigned (instead of indicating the price of each relevant unit). In trade transactions, a lump sum price is the price per circle for the total quantity of goods without distinction by grade, quality, etc.; lump sum discount - a total discount expressed not as a percentage of the amount, but in an absolute figure; lump sum quantity - total quantity without division into individual varieties, types, etc.

Type A contract provides for payment by the employer to the contractor of a predetermined lump sum upon completion latest works, defined by drawings or specifications. The stipulated lump sum amount is not subject to revision, except in cases where the customer himself makes changes to the project during its implementation. In modern conditions, many customers prefer contracts with a lump sum price.

In the process of concluding and executing construction contracts, the contracting company assumes warranty obligations, requiring the payment of appropriate deposit amounts.

The following types of warranty obligations can be distinguished:

1. Security deposit when submitting proposals for the construction of facilities. It is submitted by the tendering companies to the tender committee - the organization that conducts the tenders, for a clearly established period. If the offeror's proposal is not accepted by the customer, the deposit is returned. If the submitted offer is withdrawn by the offeror before the deadline, the deposit paid will not be returned.

The amount of the security deposit depends on the total cost of supplies and usually averages 2% of the total supply (offer).

The collateral is placed in one of the banks of the country conducting the auction, or in a branch of any foreign bank in this state. If the offeror is state organization, then the specified pledge can be replaced by a bank guarantee.

2. The contract performance bond covers the entire period of construction work and is usually approximately 10% of the contract value. The deposit is paid by the construction company (contractor) against a bank guarantee. The warranty may also be provided by an insurance company that accepts liability for the contractor's actions. The security deposit is intended to cover losses associated with the contractor's failure to comply with the terms of the contract (therefore it is very important that the terms are clearly formulated) and other errors made during the work. The amount of damage is determined by the parties by mutual agreement or through arbitration. There is also a practice for the customer to receive guarantee amounts from the bank upon request, regardless of the degree of compliance with the contract by the contractor and the validity of the claim. Some banks prefer this system because it eliminates the need for them to deal with claims, but it can lead to abuse.

3. Guarantee of solvency (payment) indicates the contractor’s ability to pay wages to its workers, pay for construction materials and work of subcontractors.

A type of payment guarantee is a guarantee of advance payment obligations. An advance payment bond covers payments made by the employer to the contractor in advance to cover mobilization costs, such as the initial purchase of materials and equipment.

4. The guarantee upon completion of construction covers the guaranteed operational period provided for by the terms of the contract. It serves as collateral to cover costs associated with the elimination of defects discovered during operation. This may be an amount held by the customer for the guarantee period, or a bank guarantee for such an amount (usually 5-10% of the cost of the object).

Thus, the guarantee system plays a positive role, since the guarantees provided help ensure that the project is completed, contract workers are paid, and construction materials suppliers and subcontractors are paid bills in the event of a contractor's bankruptcy, so that the investor is protected from loss in the event of a seizure of the contractor's property (if the latter does not pay wages and does not pay bills for supplied construction materials and work carried out by subcontractors), and finally, the guarantee system contributes to the normal functioning of the payment mechanism by eliminating the insolvency of the contractor.

The auction organizer has the right to declare the auction invalid without announcing a reason. This can happen if none of the bidders’ proposals suits him, but there may be another reason: the customer, due to a change in his financial situation, sees that he will not be able to pay for the construction, and recognizes the tender as invalid. As a result, the applicant company does not receive the order, and the money that was deposited as collateral, although temporarily, still reduced its working capital.

If a company that received a contract from an auction enters into a contract with a customer, it stipulates the cost, type of currency, terms of payment, deadlines for completing work, forms of dispute resolution, legal provisions, various types of sanctions, types of insurance, and special conditions.

The form of the contract largely depends on the nature of the facility being constructed. Contracts typically have two sections: general terms and specific terms applicable to the project.

The General Conditions include the following provisions: definitions and interpretations; functions of the engineering firm and its representatives, distribution of work, Construction Materials and quality of work; construction start date and delays, changes and additions; equipment; temporary work and materials, measuring the volume of work; preliminary amounts, certificates and payments; powers; special risks; dispute resolution; notifications; failure to comply with conditions due to the fault of the customer; change in value; legislative provisions; currency and exchange rates.

The specific terms depend on the specifics of the contract and include provisions relating to regulations, warranties, insurance, labor, subcontractors, materials, equipment, payments, completion of work, benefits, damages, operating costs and etc.

In the international practice of capital construction, the selection of designers, contractors, and suppliers of technological equipment is usually carried out on a competitive basis through bidding.

The entire process of construction activity in countries with developed economies is in one way or another connected with the selection of the best project, a reliable supplier, contractor, partner, capable of providing the best quality of products, works, services, the lowest costs in developing a project, and reducing the time required to complete work on a particular project.

The best mechanism for creating a competitive environment is contract bidding, which makes it possible to demonopolize the construction services market.

When bidding, the customer of the work strives to provide the best conditions for prices, quality of work and deadlines for their completion.

Bidding, compared to direct bilateral contracts, creates conditions for competition between contracting construction and design firms, suppliers and allows the customer to choose the most advantageous offers in terms of both price and other commercial and technical conditions.

Competition in placing orders occurs at every phase of the project life cycle. This is done in the form of competitions and contract tenders.

Contract tenders can be held when:

• -construction of buildings, structures, enterprises;
• -carrying out design, survey, installation, commissioning and other types of work;
• -choosing a supplier of materials, structures, equipment;
• -project management, engineering, consulting, control and supervision;

other technical and organizational work and services or their reasonable combinations.

From the above conditions follows the definition: contract bidding is a competitive form of placing orders in investment and construction activities at all phases of the project in order to select the best offer for the performance of work and provision of services.

Bidding is practically the only way to select construction contractors on a competitive basis, who would materially guarantee the exact fulfillment of their obligations.

The paper discusses the main points of conducting competitive bidding and concluding a contract with the winning bidder.

The organization and conduct of contract tenders (competitions) can be considered as a kind of project, the purpose of which is to select the best proposal for the successful completion of work and provision of services (Table 8.1).

The presented phases of the implementation of the bidding project correspond to the procedure and sequence of performance of certain works by the bidding participants.

The composition and volume of phases are general in nature and can be changed and supplemented in each specific case. At every step of the bidding project, bidders act within the scope of their rights, functions and responsibilities.

There are a number of guidelines, standards and methods (methods) have been developed to achieve compliance with the requirements of regulatory documents that are applied at each phase of the bidding project, and the process of conducting contract bidding itself should be considered as a stage in the life cycle of the investment project.

The bidding procedure consists of the following stages.

Before making a decision to conduct contract bidding, the customer must receive the necessary investment resources (or the right to dispose of them in the time interval required for the creation of the facility), confirmed by relevant financial documents, for example, a loan agreement, a bank certificate, a resolution of the executive body of state power, for full or partial financing facilities for federal government needs.

The next set of problems that the customer needs to solve before bidding is announced is the development of the concept of future contractual relations between customers

Table 8.1 Organizational process of contract bidding

Bidding phases	Contract Bidding Process Procedures
Initial phase	Initiation of bidding Appointment of a bidding organizer Determination of the object and subject of bidding Announcement of bidding
Tender draft development phase: preparation and conduct of tenders	Formation of a tender committee Conducting pre-qualification Development of tender documentation Calculation of estimates for the investor and the tenderer Preparation of offers and proposals Meetings and negotiations Visiting the construction site Verification of documents Making a deposit
Tender Project Execution Phase: Tendering	Approval of regulations and evaluation criteria Procedure for opening offers Evaluation of proposals and their analysis Justifications of the tender committee Selection of general contractor Subcontractor selection Control and verification of documents
Completion phase: conclusion contracts	Contract preparation Conclusion of contracts and subcontracts Control of documents, procedures, analysis and data bank
	Winner and Contract Information

com and the winning bidder. The essence of the concept is expressed in the degree of responsibility of all subjects of investment activity. The degree of responsibility is determined by the organization of the relationship between the customer and the work performer (contractor).

The most developed form of relationship between the customer and the contractor is the selection of a general contractor (general contractor). The degree of responsibility for the performance of work is determined on the basis of a contract concluded between the customer and the general contractor. Based on these contractual relationships, the general contractor selects subcontractors to perform special types of work.

After fulfilling the above conditions, one of the first problems that the customer should solve is the identification and appointment of the auction organizer.

The customer can entrust the functions of the auction organizer to one of the specialized companies that has a license for this type of activity, or by order of the head of the administration of a constituent entity of the Russian Federation, a company is determined that is entrusted with work throughout the entire territory of this constituent entity of the Russian Federation. The auction organizer performs the following functions: forms and approves the composition of the tender committee, prepares documents for announcing tenders, publishes an announcement or sends out proposals, organizes the development and distribution of tender and other necessary documentation, approves the results of tenders, and liquidates the tender committee.

The authority of the auction organizer is confirmed by the customer’s administrative document or the relevant agreement. The organizer has the right to delegate part of its powers to the tender committee.

After the appointment of the auction organizer, the customer or the auction organizer determines the object and subject of the auction.

Before the announcement of the auction, the auction organizer, implementing the customer’s conditions, decides on the type of auction: open or closed, with or without prequalification.

In closed bidding, the customer invites several companies already known to him to participate in the bidding. In open tenders, the customer, by means of an announcement in the open press, invites everyone to take part in the tender. The tender announcement published in the press is drawn up in any form. All interested foreign and local firms can take part in the open auction. A notice of prequalification must be included in the tender announcement. When conducting closed bidding, a notice of prequalification is contained in the invitation.

Depending on the object and subject of the tender, the customer (or the organizer of the tender) independently forms a tender committee, attracting its own specialists, representatives of research, design, engineering, consulting and other organizations, individual consultants and experts on the basis of contracts concluded with them in accordance with the current legislation.

The tender committee may include representatives of the Russian Ministry of Construction and the Interdepartmental Commission for Contract Bidding under the Russian Ministry of Construction.

The tender committee, together with the auction organizer and the customer, bear full responsibility for the correct preparation, conduct and objectivity of the tender results, compliance with laws and other regulations of the Russian Federation, international agreements. The Tender Committee has the right to delegate part of its functional responsibilities for the development, distribution and examination of tender documentation, evaluation of competitive proposals to engineering and consulting organizations that have the appropriate license.

If the customer decides to hold a tender with pre-qualification of applicants, a procedure is carried out to determine the technical, economic, organizational and other potential capabilities of the applicant to perform the contract submitted for tender. Prequalification provides certain guarantees for the selection of possible applicants.

After this, the tender committee develops tender documentation (tender), consisting of technical and commercial parts. In addition to indicating the place, day and hour of opening and closing of the auction, the name of the organization that conducts it, it contains information about the nature of the object, its capacity, productivity; about the main technical and economic characteristics; what additional technical and explanatory documentation should be attached by the offeror to his proposal; about the main commercial and technical conditions, including the construction period, the terms of payment (as well as other information, for example, related to the provision of a loan by the exporter) and the payment of security deposits (their amount, the possibility of replacing them with a bank guarantee); indications of the prices at which proposals should be submitted by tenderers; sliding prices are allowed for large objects; the terms of arbitration, fines, guarantees, the possibility (or impossibility) of providing alternative proposals and requirements related to the provision of technical services are also reported. If we are talking about the construction of an object, the documentation contains a separate description of the object, technical requirements, the required amount of graphic materials, commercial conditions, a draft contract, which allows the contractor to correctly estimate the cost of construction, and in the future, if the contract is awarded, draw up working documentation and carry out construction . Tender documentation is purchased for a certain, usually insignificant, fee.

• 1) general (general terms of bidding), which is often similar for many types of facilities being built in a given country;
• 2) special, containing the necessary information about this particular object (detailed technical and economic characteristics); If necessary, this part may be accompanied (in addition to specifications) by drawings and other documentation.

Upon successful completion of prequalification, contractors submit an offer for bidding, competition between contractors intensifies and at the next stage of bidding the strongest of them are selected, including by justifying the cost of work that is rational for the customer and contractor. At the final stage of the bidding (identifying the winner and signing the contract), the final contract price for the contract work is determined. And although price is not always the most significant criterion in assessing the potential capabilities of the applicant as part of the offer indicators, it nevertheless occupies one of the leading places, and its determination is perhaps the most difficult, time-consuming and responsible task. Moreover, if other private indicators (criteria) are conditionally constant values ​​at the time of their determination and presentation (construction experience, indicators of the financial condition of contractors, the level of qualifications of specialists, the level of technical equipment, etc.), then the price of the offer is such a private an indicator whose value cannot be unambiguous.

To determine the cost during the preparation of proposals for free (negotiable) prices for construction products, the following are drawn up:

when developing the basis for investment and design and estimate documentation at the request of the investor - investor estimates;

when preparing a contract, when tender documentation has been developed, - the contractor's calculations.

It should be borne in mind that the costs determined by investor estimates and contractor calculations may not coincide.

Investor and contractor estimates can be prepared using various methods, the choice of which is made in each specific case depending on the contractual conditions and the general economic situation.

1) determination of the cost of the subject of contract bidding (CT) in the presence of pre-project and design estimates documentation, when:

where Ap is the estimated cost at the current price level for the period of contract bidding; Кн - inflation coefficient to the cost of the item of tender until the moment of payment under the contract; K - VAT accounting coefficient;

2) determining the cost of the subject of contract bidding in the absence of pre-design and design estimates documentation for aggregated indicators and for analogous objects using several options, bearing in mind that it is necessary to have basic design decisions and deadlines for the completion of work.

In market relations, the contractor has a need to calculate the cost of contract work based on a cost structure that does not comply with the recommendations of the Ministry of Construction of the Russian Federation. This is due to the fact that when performing a comparative analysis of construction costs for all tenderers, the customer is not interested in the contractor’s cost structure. The tenderer whose price he has determined, as well as other parameters, turns out to be most acceptable to the customer will win the contract auction. He will have the right to enter into a contract for contract work.

Thus, the proposed new approach to the pricing system and determination of construction costs allows us to streamline the determination of contract prices for construction products, taking into account the alignment of interests of customers and contractors.

When submitting documents to the tender committee to confirm the seriousness of their intentions, each applicant makes a deposit, usually an average of 2% of the proposal amount. If proposals are rejected, the deposit amount is returned to the applicant.

For the successful performance of tenderers at tenders, strict compliance with all provisions and requirements specified in the tender conditions, as well as the preparation of offers in a strictly defined form, is of great importance. Without complying with these requirements, the possibility of winning the auction is almost impossible, since their organizers have the right not only to reject, but also not to consider at all those proposals that do not meet the agreed conditions. In addition to complying with all the above formalities, bidders' proposals must be duly signed, certified by the offeror's seal and sent to the auction organizers in sealed, and sometimes (as required in some countries) double envelopes. In this case, on the outer one only the address of the organization conducting the auction (or the address of the recipient of the proposal) is written, and on the inner one - the auction number, the name of the object and the date.

After holding meetings and negotiations, visiting the construction site, checking documents, the winner of the tender is determined in accordance with the approved regulations, documented in the protocol of the tender committee, which is not an act of legal sealing of the transaction.

On the appointed day and hour, envelopes with proposals are opened, but due to the fact that proposals contain a large amount of information, on this day an announcement is made about all bidders and applicants who are admitted to further consideration. The decision and award of the order usually occurs several months after studying the proposals, the creditworthiness of the applicants, and their production capabilities.

The final stage, if the final tender is successful, ends with the signing of the contract.

Regulatory documents imply a long chain of legal actions, starting from the development of tender documentation and placing an advertisement about tenders in the media and ending with determining the winner of the tender and concluding a contract with him.

A contract must be legally formalized to be binding.

In capital construction markets, a significant number of contract models are used, differing in the way they assess the cost of the work performed by the contractor and the degree of responsibility of those involved in the work. Today there are four main types of contracts used in the investment field - A, B, C and D.

Type A - a contract with a fixed, lump-sum price (amount). Lump sum price (amount) is the total amount without differentiation of its constituent parts (components). The term comes from the German word pauschal (for a circle, in general, of everything); is used when we are talking about establishing one total amount for a batch of homogeneous or dissimilar goods or for performing certain works (services). For example, for the supply of complete equipment for a power plant under construction, a lump sum of $30 million is assigned (instead of indicating the price of each relevant unit). In trade transactions flat price - this is the price per circle for the total quantity of goods without distinction by grade, quality, etc.; lump sum discount - general discount, expressed not as a percentage of the amount, but in an absolute figure; lump sum - total quantity without subdivision by individual varieties, types, etc.

Contract type A provides for the payment by the customer to the contractor of a predetermined lump sum after the latter has completed the work specified in the drawings or specifications. The stipulated lump sum amount is not subject to revision, except in cases where the customer himself makes changes to the project during its implementation.

In modern conditions, many customers prefer contracts with a lump sum price. For customers, the advantages of contracts with a lump sum price are manifested in the precise determination of project implementation costs, the absence (for the customer, but not for the contractor) of financial risks, and the ease of choosing a contractor and managing the project. Project costs are determined based on early stage, which allows the customer to make decisions taking into account upcoming costs and timing of work before major investments are made. The total volume of capital investments for this type of contract is fixed.

Fixed price contracts typically involve lower investment costs than other types of contracts, subject to favorable economic conditions.

In this case, the financial risk for the customer is minimal, since the contractor guarantees not to exceed the contract price, while for the contractor, financial risk may arise due to a possible increase in costs for subcontract work, rising prices for materials, equipment, design work, labor . In addition, he bears the full risk of failure to complete the work within the agreed time frame due to weather factors, errors and miscalculations.

Lump sum contracts reduce and simplify the client's responsibilities for managing and supervising the progress of the work, since the contractor assumes all cost risks. Here the customer can limit himself only to monitoring compliance with deadlines and the quality of work performed. Responsibilities for controlling the costs of project implementation are limited to supervising changes in work and making cash payments. In addition, there is a natural incentive for the complete completion of work on the project on time or ahead of schedule, since an increase in construction time leads to in this case only lead to higher costs for the contractor.

The use of fixed price contracts requires compliance with a number of mandatory conditions. If these conditions are not met, the contract may no longer be effective for the customer. A significant proportion of qualified and competitive contractors impose conditions upon which they agree to assume the risks associated with lump sum contracts.

The contractor must be fully aware of the volumes and types of work, and specific construction conditions long before the deadline for submitting bids, so that he can clearly estimate his costs. The scope of work must correspond to the financial capabilities of the contractor, and the stability of economic, political, social conditions in the country where the facility is being built must ensure that the contractor’s costs for coverage are minimized various types risks.

For lump sum contracts to be concluded, there must be favorable conditions in the construction market for the customer: not only a significant number of qualified and competitive contractors willing to bid, but also a level of business activity in the relevant sector of the construction market that allows contractors to earn more scope of work compared to what is available to them under other types of contracts, with less risk.

Fixed price contracts also have disadvantages due to which such contracts cannot be used in some cases. For example, a possible increase in work time due to the need for longer development of the project; large volume of work, high complexity of the project, unique nature of the work.

Type IN - contract with payment based on the volume of work. In contracts of this type, the cost of work is determined based on the volume of work and market prices. Initially, the preliminary volumes of the proposed work are estimated, the actual volumes are measured and assessed upon completion of the work.

Type C - cost-reimbursable contract is based on payment to the contractor of the actual expenses he incurred in performing the work. This contract also contains additional payments to cover overhead costs, etc. Additional payments are determined either as a fixed percentage of actual expenses, a fixed amount, or a variable, fluctuating amount.

Contracts A, B and C can act as serial contracts or as design and construction contracts. TO serial contracts refers to contracts entered into with the same contractor to carry out a number of projects in succession. In this case, the first contract is concluded in accordance with the usual procedure, and subsequent ones serve as a continuation of the first. By design and construction contract the same contractor carries out both design and construction work.

Type O - fixed-term contract providing for the contractor to complete certain work within a specified time period. In this case, payment can be made based on the amount of work completed and according to specific deadlines (stages).

Contracts of types L, B, C and O can be with a fixed or adjustable price. By fixed price contract the cost of the contract is agreed upon and fixed at the time of its signing. In this case, the fixed amount cannot be revised, except in cases of changes to specifications or drawings, as well as cases provided for by the terms of the contract (for example, if planned and actual work does not coincide). In this type of contract, the contractor assumes all the risk associated with inflationary increases in the cost of the work. Therefore, he seeks to ensure that the contract provides for additional amounts to cover unforeseen expenses. A fixed price contract should not be confused with a lump sum contract.

Adjustable Price Contract contains a provision that allows the contract price to be increased or decreased depending on the amount of costs incurred by the contractor. Typically, contracts of this type are concluded for a long period (over a year).

The category of contracting agreements also includes subcontracts concluded by the general contractor with subcontracting companies that, as a rule, perform specialized work. In this case, the subcontractor can be appointed by the customer or the contractor can choose him at his own discretion.

In the process of concluding and executing construction contracts, the contracting firm undertakes warranty obligations, requiring the payment of appropriate security deposits.

The following types of warranty obligations can be distinguished.

1. Security deposit when submitting proposals for construction projects. It is submitted by the tendering companies to the tender committee - the organization that conducts the tenders - for a clearly established period. If the offeror's proposal is not accepted by the customer, the deposit is returned. If the submitted offer is withdrawn by the offeror before the deadline, the deposit paid will not be returned.

The amount of the security deposit depends on the total cost of supplies and usually averages 2% of the total amount of the proposal (offer).

The collateral is placed in one of the banks of the country conducting the auction, or in a branch of a foreign bank in this state. If the offeror is a government organization, then the specified pledge can be replaced by a bank guarantee.

• 2. Contract performance bond covers the entire period of construction work and usually amounts to approximately 10% of the contract value. The deposit is paid by the construction company (contractor) against a bank guarantee. The warranty may also be provided by an insurance company that accepts liability for the contractor's actions. The security deposit is intended to cover losses associated with the contractor's failure to comply with the terms of the contract (therefore it is very important that the terms are clearly formulated) and other errors made during the work. The amount of damage is determined by the parties by mutual agreement or through arbitration. There is also a practice for the customer to receive guarantee amounts from the bank upon request, regardless of the degree of compliance with the contract by the contractor and the validity of the claim. Some banks prefer this system because it eliminates the need for them to deal with claims, but it can lead to abuse.
• 3. Solvency guarantee (payment) indicates the contractor’s ability to pay wages to its workers, pay for construction materials and the work of subcontractors.

A type of payment guarantee is a guarantee of advance payment obligations. An advance payment bond covers payments made by the employer to the contractor in advance to cover “mobilization costs,” such as the initial purchase of materials and equipment.

4. Guarantee upon completion of construction covers the warranty operating period provided for by the terms of the contract. It serves as collateral to cover costs associated with the elimination of defects discovered during operation. This may be an amount held by the customer for the guarantee period, or a bank guarantee for such an amount (usually 5-10% of the cost of the object).

Thus, the guarantee system plays a positive role because the guarantees provided help ensure that the project is completed, contractor workers are paid, and construction material suppliers and subcontractors are paid in the event of contractor bankruptcy; so that the investor is protected from losses in the event of seizure of the contractor’s property (if the latter does not pay wages and does not pay bills for supplied construction materials and work carried out by subcontractors) and, finally, the guarantee system contributes to the normal functioning of the payment mechanism by eliminating the insolvent state of the contractor.

At the same time, in modern conditions in Russia, pledges sometimes prevent possible bidders from taking part in tenders, since the amount of pledges is quite large and the contracting organization loses part of its working capital for a certain period. And since many construction organizations are in a difficult situation, the withdrawal of part of the working capital for a certain period of time has a negative impact on their financial condition. After all, the applicant company, participating in the auction, has no guarantee that it will become the winner or that the auction will be declared invalid.

The auction organizer has the right to declare the auction invalid without announcing a reason. This can happen if none of the bidders’ proposals suits him, but there may be another reason: the customer, due to a change in his financial situation, sees that he will not be able to pay for the construction, and recognizes the tender as invalid. As a result, the applicant company does not receive the order, and the money that was deposited as collateral, although temporarily, still reduced its working capital.

In addition, if the applicant company does not win the competition, then it receives the deposit back only after the end of the auction. Since the period for determining the winner of the auction sometimes reaches six months, the money (issued by the applicant company in the form of collateral) can greatly depreciate due to inflation.

A negative role can also be played by the state of affairs in the economy as a whole (banking crisis, payment crisis, criminal situation), in which there is a possibility of untimely return or complete non-return of the collateral to the applicant company. All of these negative factors may force some small and medium-sized firms to refuse to participate in tenders in which they could act as contenders.