When a company submits an application to participate in a tender, it must contribute a certain amount to secure the application. This is a kind of guarantee that the company is serious, will not shy away from concluding a deal, and provides reliable information about its capabilities to fulfill the order.
If the auction is held in the public domain, the amount is not transferred to the customer, but is blocked in the account of the participating company, which is registered on the electronic trading platform (ETP) where the competition is taking place. That is, all financial issues are resolved only with representatives of the resource where the tender is held.
In closed competitions and auctions, the money for the guarantee fee is sent to the tender organizer, and the bank guarantee is transferred to him personally. Which security option to choose: a cash contribution or a bank guarantee is determined by the participant himself.
Why did you introduce application security?
Without such an important guarantee fee, any unreliable company could disrupt the purchases of serious companies and institutions. She may, for example, set a low price, win the tender, but then refuse to sign the contract because she cannot fulfill it. As a result, the competition has to be held again, and important purchases are paralyzed.
The process of organizing new tenders is especially difficult for government organizations that cannot manage budget funds without special procedures. Accordingly, if the contract is broken for schools, municipal institutions, hospitals, etc., they will not be able to purchase medicines, books, food, etc. on time.
How much should I deposit?
The maximum amount of security for an application under 44-FZ is determined by the tender organizer, but within the framework of legislative norms. He calculates the amount in Russian rubles and indicates it in the procurement documents.
The amount of the guarantee fee is 0.5–5% of the price of the planned contract. For example, the tender organizer is going to purchase medicines for 5 million rubles and has set the security amount at 5%, then the applicants must contribute 250 thousand rubles.
Please note that if the initial price of the planned contract is not more than 3 million rubles, the amount of security will be up to 1%.
For purchases up to 1 million rubles and requests for quotations, the organizer may not establish a guarantee fee at all. This is done to simplify the conditions for participation and organization. Such orders usually concern standard goods or simple services; often such contracts are more suitable for young companies that are just starting to work on tenders. This is a great chance to try your hand without significant costs.
How is the amount of application security determined (according to 44-FZ)?
The amount of the application security is determined in accordance with 44-FZ (clause 14 and clause 15 of Article 44 Chapter 3):
"14. The amount of the application security must be from 0.5% to 5% of the initial (maximum) contract price or, if during auctions the initial (maximum) contract price does not exceed 3 million rubles, - 1% of the initial (maximum) contract price”;
"15. If the procurement is carried out in accordance with Articles 28–30 of this Federal Law and the procurement participant is an institution or enterprise of the penal system, an organization of disabled people, a small business entity or a socially oriented non-profit organization, the amount of the application security cannot exceed 2% of the initial (maximum ) contract prices".
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Before starting work in public procurement systems, we recommend that you familiarize yourself with Federal Laws No. 44-FZ and No. 223-FZ.
In this instruction we will tell you how to withdraw funds to your bank account through a payment system (Internet, client bank) after submitting an application to Sberbank-AST.
Application guarantee options
Security for an application in a competition under 44-FZ can be provided in two ways:
- money;
- bank guarantee.
Money is accepted at any tenders, but bank guarantees are available until July 1, 2021 only at closed competitions and electronic auctions, which is due to the specifics of the ETP.
Cash as a guarantee deposit
The money goes to your company's account at the ETP. They must be submitted before submitting the application and package of documents.
The initial prices of contracts vary, so the size of the required contribution can be large. The funds do not have to be taken from the company’s own assets. They can be obtained from a bank or microcredit organization. They issue a tender credit or loan, respectively. You can take them yourself or through a professional tender broker.
When the application is considered, the required amount is blocked on the ETP personal account and cannot be withdrawn. After the auction, it is returned to all participants who complied with the obligations and rules for processing documents.
Bank guarantee as confirmation of the company's reliability
Before choosing among the methods of securing an application under 44-FZ, issuing a bank guarantee, take into account that the bank provides such a document for money. Usually you have to pay about 3-5% of the amount of the guarantee deposit requested by the customer.
This money is not returned regardless of whether you win or lose. You can only compensate for costs if you win the tender.
Therefore, it is advisable to first make a calculation and find out which option is still more profitable in your case.
It is also worth considering that the bank guarantee must meet the following requirements:
- issued only for a specific tender;
- must be irrevocable;
- valid for at least 2 months after the end of applications.
Such a document can only be issued by banks with the appropriate authority from the Ministry of Finance of the Russian Federation. It should contain the following information:
- validity;
- obligations of the guarantor;
- obligations of the organization that received the guarantee;
- conditions under which the obligations of the guarantor are considered fulfilled;
- a list of documents that the tender organizer must present to the bank in order to receive compensation under the guarantee.
Only with such correct execution can you expect that the auction organizer will approve the document and allow the application to participate.
Securing the application with a bank guarantee
As mentioned above, when carrying out some types of procurement, it is possible to provide an application under 44-FZ not with cash, but with a bank guarantee. There are a number of requirements for this document.
Firstly , it is worth noting that each guarantee is issued for a specific purchase.
Secondly , it must be irrevocable and its validity period must be at least 2 months after the end of accepting applications.
Also, there are a number of requirements for information that must be reflected in this document:
- warranty period;
- obligations of the principal, the guarantor of which is the bank;
- a condition that the guarantor is considered to have fulfilled its obligations when transferring funds to the customer’s account;
- a list of documents (established by the Government of the Russian Federation) that the customer must provide to the bank along with a request to pay compensation, in accordance with the terms of the bank guarantee;
- the obligation of the guarantor to pay a penalty in case of delay in payment under the contract;
Each issued guarantee must be entered by banks into the official register of bank guarantees, thereby confirming its legal status.
Advice: when choosing a bank guarantee as a method of securing an application in a competition, you should make sure that the bank that issued the document is on the list of the Ministry of Finance and is a registered bank with the right to issue this document.
If all these conditions are met, then you can be sure that the customer will accept the document as security for participation.
When and how are funds returned?
Each tender participant (who did not win) is returned the security amount in full after bidding within one day (in case of an electronic auction) or 5 days in advance (in case of a competition or closed auction).
Funds are also returned in the following situations:
- cancellation of the tender;
- Submitting an application after admission has been completed;
- denial of the right to conclude a transaction to the customer by FAS;
- rejection/withdrawal of the application during the acceptance period.
The winning bidder is refunded the guarantee fee after signing the contract. But the law does not provide for mandatory deadlines for this. They are determined by the customer himself. Therefore, even before submitting an application security under 44-FZ, it is advisable to find out the deadlines so as not to find yourself in an unpleasant situation when the money is not returned for a long time.
If you took part in a competition or closed auction, the money is returned to your personal account or credit financial institution (that is, the one who issued the required amount), and if in an electronic auction, the guarantee fee is unlocked in the portal account and you can use it for the next auction. Money can also be withdrawn from the account upon request within three days.
Why collateral may not be returned
The legislation provides for situations when the guarantee deposit is not returned at all:
- the participant won the competition, but did not conclude a deal with the customer;
- the participant won the tender, but did not send the guarantee for the execution of the contract within the required time frame;
- During the quarter, the participant’s application was rejected 3 times on the same portal because it did not correspond to the second part.
And if you choose a bank guarantee among the types of security for an application under 44-FZ, it is not returned to your organization at all and payments are not made under this document.
First type: guarantee to ensure participation in the application
The bank pays compensation to the organizer of the application if the participant:
- withdrew his application after the application deadline had expired;
- became the winner, but refused material security for the contract;
- became the winner, but refused to conclude a contract with the customer.
Application security amount
The required amount to secure an application depends on two factors: the initial price of the contract and the law under which the procurement is carried out (44-FZ or 223-FZ):
| Under what law does the customer make a purchase? | If the contract price (NMCC) | That is the security of the application |
| 44-FZ | Up to 1 million | Not installed |
| From 1 to 20 million | From 0.5 to 1% NMCC | |
| From 20 million | From 0.5 to 5% NMCC | |
| 223-FZ | Up to 5 million | Not installed |
| From 5 million | Up to 5% NMCC, but may not be |
Example. The customer conducts a purchase under 44-FZ with an initial minimum contract price (NMCP), for example, 1,500,000 rubles, and the amount of the established security is 1%. Then, to participate in such a tender, you need to provide a deposit of 15,000 rubles (1,500,000 * 1/100). Accordingly, this can be done using a special account, which must contain the required amount, blocked until the winner is identified, or using a bank guarantee in the amount of 15,000 rubles.
Minimum validity period
The validity period of this type of guarantee (to secure an application) is established by law and must exceed at least two months from the deadline for filing applications.
Helping companies secure their applications
In our company you can order professional tender support at all stages: from obtaining an electronic signature to signing a contract for a won tender.
Our work includes: (can this be fixed or SEO issues?)
- consultation on the rules for securing an application under 44-FZ;
- checking documentation for compliance with requirements;
- assistance with paperwork;
- support during bidding until the contract is signed.
By turning to professionals, you are insured against mistakes and wasteful expenses. This is a sure guarantee that all documents will be filled out correctly, accepted for consideration and approved the first time.
Second type: guarantee to ensure the performance of the contract
A bank guarantee is paid to the customer if the supplier has not fulfilled (or performed in bad faith) its obligations under the contract. This includes: poor quality of goods or work, incomplete quantity, non-compliance with the required characteristics, and the like.
Contract security amount
The amount of contract security will, of course, be greater than for securing an application, but it depends on the same two factors: NMCC and the law (44-FZ or 223-FZ):
| Under what law does the customer make a purchase? | If the contract price (NMCC) | That is contract security |
| 44-FZ | Regardless of the amount | From 0.5 to 30% NMCC |
| 223-FZ | Regardless of the amount | Up to 5% NMCC, but may not be |
Example. The supplier won the tender under 44-FZ with a contract price (NMCC) of 1,500,000 rubles and the amount of the established contract security of 10%. Therefore, before signing the contract, he must provide security in the amount of 150,000 rubles (1,500,000 * 10 / 100). This can be done by transferring your funds to the customer’s account, or by providing him with a bank guarantee.
Minimum validity period
The validity period of this type of bank guarantee must exceed the validity period of the contract by at least one month.
