Many businessmen seek to get a successful contract for the construction of a large housing estate, the construction of an important artery for communication with the rest of the world - a bridge, any high-paying offer in a different field of activity. When several people, as it happens on admission to a prestigious university, have 10 people in one place, the selection committee will choose the one who scores the most points. So in this case, competitions are held for entrepreneurs, the customer needs a reliable partner. In order to avoid an error, the business does not accept misses, a documentary kit is submitted to the start of bidding. The papers will confirm different moments from the history of the company and its founders. Among other documents, the organizers require the presentation of a tender guarantee, which no one will give to an optional person.
Interesting Facts
To organize the contest, participants are needed, they are the main backbone of this program, and each one performs its task. A person who has not yet gained a proper reputation in the business world, but plans to continue to occupy a prestigious niche, needs a tender guarantee. He is the initiator for its receipt; he is called a principal in competitive circles. A businessman signs a contract when he fulfills his conditions, ceases to be in debtor status, since covering all costs is his obligation to the customer.
How to get financial support?
It is not easy to get a tender guarantee from a creditor; it is necessary to pass an audit:
- statutory documents of the company;
- a set of bank statements;
- prove the purity of relations with financial partners.
Careful control in the transaction is carried out by the beneficiary or customer. He is the main acquirer of profit from the operation. And if the principal fails him, he will ask for insurance compensation.
The third participant is a banker who issued a tender guarantee, and if successful, receives a commission for the work. In case of a transaction failure, he is obliged to cover the costs with the insurance amount. Of course, the bank will not suffer, as it insured its activities, having received property as a pledge from the principal - it will sell and compensate for losses.
What does each participant receive?
You can submit a tender guarantee that this is the relationship of several legal entities, they achieve their goal through the transaction. The success of any business in setting a task, its effective solution - earlier this was called a five-year plan. And if in those days it was possible to set fictitious figures, now such manipulations do not work, no one is interested in their own deception, therefore they set real production goals.
What is achieved as a result of the tender guarantee - guarantee of the offer:
- For the beneficiary, with any outcome, the positive aspects are the receipt of contract money or insurance.
- No need to use your own funds, which may not be free - to the principal. Brilliant prospects for the future open up for him - major deals, provided that he will worthily prove himself in this contract. And if you apply for participation in several tenders, then in one of them a victory is surely waiting.
- A tender bank guarantee will bring commissions or collateral to the financier with all interest due.
Thanks to the support of the bank, the businessman has a real opportunity to win the competition, declare his name in the world of business people, gain a foothold on the site of financial transactions with a good reputation.
Legislative view
The full text of Federal Law No. 44 is devoted to:
- to contracts;
- procurement;
- work;
- services providing state and municipal needs.
Article 44 of this act refers to the procedure for securing bids from bidders and auctions. Legislators approved the provisions on tender guarantees in 223 FZ on June 20, 2011. The law was amended more than once and went through the latest changes in 2018. We developed a legal act for a limited number of participants, which imposes obligations on customers: to purchase goods at approved standards. According to law:
- Procurement is planned in advance and posted on the official website in a single information system that provides information from this area;
- the posted information is freely available;
- the selection of the winner of the auction occurs only according to the rules of the law;
- unscrupulous suppliers are listed in a separate registry, it can be found.
The provisions of this legislative provision are not applicable to trade with securities, currency, military supplies.
Order of receipt
The presence of a kind of support from a financial organization is a prerequisite for bidding. Initial processing of the document may take more than a month, and the deadlines for filing applications are strictly regulated. Therefore, principals resort to the help of third-party organizations whose specialization has recommended them in this direction.
The bank issues tender guarantees in the following order:
- they call the lawyer by phone to complete the application, submit a request to his website or come to the selected bank and carry out the procedure on their own;
- Get acquainted with informative details;
- submit a set of documents;
- sign a contract;
- receive a document confirming that the bank guarantees the reliability of the participant in the transaction.
The result of the operation satisfies everyone. The organizer finds the most suitable client, able to solve the tasks assigned to him. The contractor seeks to get a profitable contract for him, and the name of the company remains in the memory of other participants for a long time.
Where do they get market information?
Regarding tender guarantees, statistics provide a complete analysis of all participants in trade events, their actual performance of contracts. The data is recorded in the UIS - a single information system that shows a picture of the guarantee market with detailed analytical material. Acquiring information will be useful to all parties involved in procurement.
Working moments
It should be understood that bank guarantees and tender loans are closely related threads of one operation. Holding tenders is not a free procedure; all expenses are borne by the organizers. When a winner is selected, the customer has a clear idea of the performance of the contract and its price. If the principal wins, but refuses to work, a loss of time and money occurs for the beneficiary, another tender will need to be held. Therefore, customers require financial confirmation of the reliability of the participant. The document will cover the risk:
- unfulfilled obligations;
- rejection of the offer;
- fraudulent thoughts with contracts and winners.
Costly financial transactions, even from financially secure businessmen, require additional investment. Free money is not always available, so loans are the only way out for the further development of the enterprise.
Purpose of Bank Guarantee
They receive supporting documentation on the reliability of all bidders in order to:
- ensuring the fulfillment of the terms of bidding with which the members agree;
- screening of small, dubious organizations;
- beliefs in further decisive action by the winner.
A banker does not issue a confirmation of reliability for free - you have to pay for everything.
What is the difference between loans and loans
To confirm the application for participation in the tender, enter into a target loan for 3 months. Its features:
- simple design with a small documentary package;
- no need to search for guarantors;
- after approval, the money is immediately transferred to the indicated account.
The connection between the guarantee and the loan is that they serve as a tool for winning tenders with positive indicators:
- no need to withdraw working capital of the company from the accounts;
- There are no restrictions for simultaneous participation in several competitions.
The presence of a tender loan means that the recipient has been checked and made sure of its reliability. Loans also belong to the collateral element. The difference between a loan and a loan is in lender status. Money issued for a certain period by the bank is called loans. A loan can only be provided by a microfinance organization. Issuance of security to win the tender is carried out in these institutions in an accelerated mode. It is necessary to repay the debt in 2 months.
What principles do the application provide?
Loans, loans and guarantees are issued different:
- disposable for one trading operation;
- by credit line to participate in several tenders;
- under a state contract with an advance payment, then a guarantor is required to confirm the refund;
- loans to ensure the fulfillment of contractual conditions, if the company becomes a winner, but it does not have funds for further work under the contract.
The guarantee provided by the bank operates on the principles of:
- independence;
- the document cannot be recalled;
- You cannot change the beneficiary;
- The warranty is valid for a specific obligation.
There is a significant plus in this relationship. If the company lost the fight for the tender, the money invested in the auction is returned. When the winner fails the organizer, the surety is responsible for its optionalness and pays the customer losses. The court will have to deal with the guarantor and the borrower if they do not peacefully resolve the conflict.