The entrepreneur lost 2 million rubles and lost the tender. Dumping and forgery of documents are to blame

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

My name is Albert Gizatullin. I have been involved in government procurement since 2008, and during this time I have completed more than a thousand contracts. I often communicate with tender participants, and once I was told about this case.

What happened to the entrepreneur

The entrepreneur participated in a tender under Federal Law 223 for website development and promotion. He had previously collaborated with the customer — he was the only supplier and had no competitors. Then the contract was concluded without bidding.

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

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

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

It later became known that the winning organization had failed to fulfill its contractual obligations. It was assumed that it had submitted forged documents – acts and contracts with friendly companies, but this could not be confirmed. As a result, the company was included in the register of unscrupulous suppliers, and the customer wasted time and lost his nerves.

What should have been done in his place?

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

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

2. I tracked the purchasing plans of large customers in my niche. This would help me learn about the tender in advance and prepare before it starts.

3. I would ask for recommendations from clients I have worked with in the past. This would increase my chances of getting new contracts in the future.

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

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

If there is no possibility to choose a non-competitive method, I would suggest that the customer should describe the non-price criteria in the application in more detail. This will allow choosing an experienced company and not one that offers a low price.

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

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

5. I would recommend the customer to focus on the experience of suppliers under 44-FZ and 223-FZ in the group of companies. It cannot be faked, as commercial. Therefore, newcomers to procurement must definitely develop it.

6. I would not start performing work before signing a contract. Exceptions can be made very rarely.

What would be the result?

The measures I would take will allow for high-quality preparation for the tender, offer favorable conditions and successfully conclude the contract. In the long term, they will help build a strategic development plan, accumulate experience and attract regular customers. And, therefore, it will be easy to win tenders in the future, even with a higher cost of services.

P.S. I regularly post useful materials and real stories about government procurement in my telegram channel.