Rationale for the NMCs for 44-FZ. Initial (maximum) contract price

представляет собой предельную стоимость заключения договора. The initial (maximum) price of the contract is the marginal cost of concluding the contract. It is indicated in the information card of the documentation for the purchase, notification or invitation. The NMCM determines the starting amount, above which the proposals of the participants can not be. Otherwise, applications may not be considered and rejected by the customer. If the purchase is made from one supplier, then the contract corresponds to the price justified by the customer.

Difficulty in practice

Some beginners do not quite understand the term NMCK. Complexities are associated with the contradiction that is present in it. Some participants under the word "initial" understand the starting cost, from which the supply increases. However, this is an erroneous opinion. The participant of the purchase should remember that almost all procedures within the state order are aimed at lowering the cost. In this case, the "initial price" is the point at which the supply contraction begins. Participants can not exceed this threshold.

Specificity

. State customer each year forms a schedule . It includes purchases for the next year at a cost that was set as a threshold. . At the same time, it is possible to change the NMCC . This may be due to an increase in the value of goods or works of the supplier or other factors. . In such cases , the schedule is adjusted. It adds new information about the threshold value.

Restrictions

If the customer organizes the purchase from one supplier, then the rules of Article 93 of the Federal Law No. 44 apply. The threshold value is limited depending on the purpose of the transaction. Thus, the NMCR can vary from 100 to 400 thousand rubles. If the customer has chosen the request for quotations, the value can not be higher than 500 thousand rubles.

Setting the threshold amount

договора, заключаемого с одним подрядчиком/исполнителем или поставщиком, может осуществляться по-разному. The rationale for the LMCF under the 44-FZ contract, concluded with one contractor / executor or supplier, can be implemented in different ways. The main methods are:

1. Comparable prices on the market.
2. Normative.
3. Tariff.
4. Costly.
5. Design and estimate.

Each method has, of course, its own specifics. или нескольких сразу. Legislation allows the use of one method of determining the initial (maximum) price of a contract or several at a time.

Method of comparable market value

осуществляется на основании анализа товарообмена. The rationale for NMCs is based on the analysis of commodity exchange. The customer uses information about the market value of identical works / products planned for purchase. осуществляется в соответствии со ст-стью однородных объектов. In the case of their absence, the calculation of the NMCC is carried out in accordance with the nature of homogeneous objects. When using this method, information on the cost of products / works should be obtained taking into account the financial / commercial terms of fulfillment of obligations comparable to the requirements of the planned purchase.

Data sources

осуществляется на основании общедоступной информации о рыночной стоимости продукции/работ, сведений, полученных от подрядчиков/исполнителей или поставщиков. The justification for the method for determining NMCs is based on publicly available information on the market value of products / works, information received from contractors / contractors or suppliers. As a data source can act and a single information system. The method of comparable prices is considered to be a priority in determining the value of the contract, drawn up with one supplier. The use of other options is allowed in cases stipulated by law.

Normative way

осуществляется на основании требований, предъявляемых к приобретаемым изделиям/работам. In accordance with it, the rationale for the NMCs is based on the requirements for the products / work to be procured. They are fixed by the 19th article of the Law regulating the contract system. , работы или продукции. The requirements are applied in the event that they provide for the establishment of the NMCC services , work or products.

Cost method

осуществляется при невозможности использования других вариантов или в качестве их дополнения. With its help, the rationale for the NMCs under the 44-FZ is implemented if it is not possible to use other options or as their complement. The cost method involves setting the value of the contract, concluded with a single contractor or supplier, as a sum of costs and profits, usual for the relevant field of activity. следует включать сведения о прямых и косвенных издержках на приобретение, производство либо продажу товаров/работ. In support of the method for determining NMCC , information on direct and indirect costs for the acquisition, production or sale of goods / works should be included. In addition, the costs for storage, delivery, insurance, etc. are indicated.

Rationale for NMCs by the tariff method

бланка, отражающего сведения о пороговой стоимости, приводится в Приложении 1 Методических рекомендаций, утвержденных Приказом Минэкономразвития № 567. Выглядит он следующим образом. A sample of the form that reflects the information on the threshold value is given in Annex 1 of the Methodological Recommendations approved by the Order of the Ministry of Economic Development No. 567. It looks like this.

Tariff method is applied if, according to the legislation, the cost of purchased works / goods for the satisfaction of municipal or state needs are subject to state regulation or established by acts of local authority. Calculations are made by the formula:

NMCC (tar) = V x D (tar), in which:

• V - the volume of the purchased goods / work;
• C (tar) - the cost of a unit of work / work, established in accordance with a municipal act or within the framework of state regulation.

This method is not recommended for use in the art, below which, according to the current legislation, purchase, sale, delivery is carried out.

Rationale for the NMCs by design and estimate method

бланка используется тот же, что приведен выше. A sample form is used the same as above. The given method assumes an establishment of cost of the contract concluded with one executor on:

1. Reconstruction, construction, overhaul of the capital construction object on the basis of design documents in accordance with the standards of work approved within the competence of the executive federal power structure that implements the functions related to the development of state policy and regulatory legal regulation.
2. Implementation of activities aimed at the preservation of cultural and historical monuments. An exception is activities related to scientific and methodological guidance, author's and technical supervision. Contracts are drawn up on the basis of project documents agreed in the manner prescribed by law and in accordance with rules and norms approved by the executive federal body authorized by the Government.

данным способом может осуществляться и при заключении договора с единственным исполнителем/подрядчиком или поставщиком на текущий ремонт сооружений, помещений, зданий, строений. The justification of the NMCM in this way can be carried out also when concluding an agreement with a single contractor or contractor or a supplier for current repairs of structures, premises, buildings, buildings.

Design nuances

? What to write in the justification of the NMCR ? The document must contain calculations and be accompanied by reference information. , размещаемая в отрытом доступе в сети Интернет, не содержит наименования поставщиков, предоставивших те или иные сведения. The form of the NMCT , placed in open access on the Internet, does not contain the name of the suppliers that provided this or that information. Copies of documents used, screen shots that contain images of site pages, the time and date of their formation, it is recommended to store with other securities related to the purchase.

Example

с использованием способа сопоставимой стоимости. Below is the calculation of NMCs using a comparable cost method. It is expedient for him to identify goods / works available on the market and corresponding to the description of the purchased object. From them one should choose those that have the maximum correspondence. Goods / works are recommended to be divided into groups: homogeneous and identical. The last are the following objects:

1. Have the same basic signs. In particular, it is a question of technical, qualitative, operational, functional characteristics. The definition of identity can be carried out taking into account the country of origin or producer. Insignificant differences are allowed to be ignored.
2. Having the same characteristics, including those sold using common methods, approaches, technologies, etc.

Homogeneous objects are those that, while not identical, have similar characteristics and include similar components, which enables them to perform the same functions or be interchangeable. The definition of this feature is carried out taking into account the quality, reputation in the market, the country of origin.

Inquiries

The information needed to determine and justify the NMCR can be obtained in several ways. For example, an interested person can send a request for information to at least five suppliers (contractors or contractors) with experience in the supply of relevant goods / works. Information about them, as a rule, is freely available. The request can be placed in a single information database. The interested person can also search the data in the register of contracts concluded by other customers. It is advisable at the same time to take into account the information on the cost of works / products that are present in the executed contracts and agreements for which the forfeit was not collected for improper performance or evasion from the discharge of obligations within the last 3 years. The list of information required by the customer includes information on:

1. The cost of works / goods present in catalogs, advertisements, descriptions and other proposals directed to an undetermined number of persons.
2. Quotations on foreign and domestic exchanges, electronic platforms.
3. The cost of works / goods, present in the state statistical reporting.
4. The market price of valuation objects, determined in accordance with the legislation that provides regulation of the relevant activities.
5. The cost of works / products contained in official sources of authorized structures of state and municipal authorities, foreign countries, international organizations.

In addition, information-price agencies can be used. Consideration should be given to the data of those organizations that provide them on the basis of disclosure of the methodology for calculating the value.

Amount adjustment

When using information to be placed in the contract register, the customer, the authorized body or the institution may additionally change the value depending on the method of procurement, which became the source of the relevant information. The following correction order is recommended:

1. If the purchase was made through a tender, the cost, if necessary, increases by no more than 10%.
2. If an auction was organized, the price increase is allowed no more than 13%.
3. When making a purchase by requesting quotations / offers, the increase is allowed no more than 17%.
4. If the transaction is concluded with a single supplier, the value is not adjusted.

Coefficients

The prices that are used in the calculations are recommended to be brought into line with the requirements of the planned purchase. For this, we use indexes and conversion factors. Their list and significance should be determined, among other things, on the basis of the result of the analysis of previously executed contracts in the interests of the customer. Coefficients are indicated in the justification. With their help, such conditions as:

1. Term of the contract.
2. Scope of work / quantity of goods.
3. Delivery address.
4. Presence and amount of advance payment.
5. The scope and terms of the guarantee.
6. Changes in the basic nomenclature associated with the adjustment of the relative density of different items.
7. Additional equipment - the emergence of new works / goods.
8. The amount of security of the contract.
9. Period of formation of information about the cost.
10. Changes in taxation, customs duties, exchange rates.
11. Scale of production.

Doubtful information

When calculating the NMCC, it is not recommended to use the following information:

1. Received from individuals, data on which are contained in the register of unscrupulous performers / contractors and suppliers.
2. Granted by anonymous subjects.
3. Present in the documentation received by the customer on request, not meeting the requirements that he established.
4. In which there are no calculations of the prices of works / goods.

Content of the request

In the application for price information can be present:

1. Detailed description of the object of purchase. Here, among other things, the unit of measure, quantity of goods, scope of work is indicated.
2. List of data necessary to establish the uniformity or identity of the facilities proposed by the contractor or supplier.
3. Key conditions for the implementation of the terms of the contract, concluded on the basis of procurement. These include, inter alia, the requirements for the order of shipment of goods, the production of work, the expected timing, payment rules, the amount of security, etc.
4. Information that the collection of information does not entail the emergence of obligations.
5. Term for the provision of data.
6. An indication that the cost of a unit of work / goods should be clearly and unambiguously determined from the response to a directed request, the total price of the transaction on the conditions specified in the application, the validity period of the proposal and the calculation. This is necessary to prevent deliberate underestimation or overstatement of amounts.

Incorrect value fixing

Accepted NMCM allows the customer the most rational use of their own or budgetary funds for the purchase of goods / work. The correctness of the calculations has a great influence on the procurement process. The initial price directly depends on the absence or availability of offers of participants. It must be said that if the customer collected data at the beginning of the year, and the transaction was scheduled for completion of the period, while he did not take into account the correction factors or incorrectly set the value or understated it, the procedure may not take place at all. This situation is understandable. The fact is that no supplier will submit a proposal below the cost price, at a loss. Vibrations of value must be taken into account without fail. It should be remembered that individual prices for products are tied to the exchange rate. If in such conditions applications are submitted in the hope that an additional agreement will be entered into the contract and the customer subsequently refuses to sign it, the supplier may incur a significant loss or fall into the list of unscrupulous persons. It may also happen that the contract will be executed, but the supply will be of inadequate quality. Accordingly, it should be understood that, with an underestimated threshold value, the risks will be borne mainly by the customer. If the NBCC is determined correctly, and all errors that could affect the implementation of the contract are taken into account, the expenditure of funds will be more effective. Participants in the process will give preference to those purchases in which the cost is close to the real market indicators. In order for the supply to be of such quality as it is expected, it is recommended that you carefully consider the nature of the subject matter of the transaction. With an overestimate of the price at first glance, it seems that there are no problems. Participants will send proposals, the purchase will be made. However, in this case, there will be a question about the interest of counterparties in the profit section. An overpriced price is considered one of the signs of a corrupt deal. It is likely that only one application will be allowed for the purchase.

When holding an auction at an inflated price, many people may be interested in the transaction. In the process of buying, the excitement can go so far that the reduction in supply will reach 90%. Subsequently, information on contracts concluded under such purchases can be used to calculate NMCs by other customers. This, in turn, again leads to an underestimation.