Justification NMTSK 44-FZ. Initial (maximum) contract price

The initial (maximum) contract price is the marginal cost of concluding the contract. It is indicated in the information card of the procurement documentation, notice or invitation. NMCC determines the starting amount, above which offers of the participants cannot 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 correctly understand the term NMCC. Difficulties are associated with the contradiction that is present in it. Some participants under the word "initial" understand the starting cost, from which the increase in supply. However, this is a misconception. The procurement participant must remember that almost all procedures under the state order are aimed at lowering the cost. In this case, the "starting price" is the point at which supply decline begins. Participants are not entitled to exceed this threshold.

Specificity

The state customer creates a schedule every year. It includes purchases for the next year at a cost that was set as a threshold. In this case, a change in NMCC is possible . This may be due to an increase in the cost of goods or work of the supplier or other factors. In such cases , the schedule is adjusted. It introduces new information on the threshold value.

Limitations

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

Setting the threshold amount

The substantiation of NMCC under 44- of the contract concluded with one contractor / contractor or supplier may be carried out in different ways. The main ones are considered methods:

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

Each method has, of course, its own specifics. The legislation allows the use of any one method for determining the initial (maximum) price of a contract or several at once.

Comparable Market Value Method

Rationale NMTSK carried out on the basis of the analysis of commodity exchange. The customer uses information about the market value of identical works / products planned for procurement. In case of their absence, the calculation of the NMCC is carried out in accordance with the art of homogeneous objects. When using this method, information on the cost of products / work should be obtained taking into account the financial / commercial conditions for fulfilling obligations comparable to the requirements of the planned purchase.

Data sources

The justification of the method for determining NMCC is based on publicly available information on the market value of products / work, information received from contractors / contractors or suppliers. A single information system can also act as a data source. The method of comparable prices is considered a priority when determining the cost of a contract drawn up with one supplier. The use of other options is allowed in cases stipulated by law.

Regulatory method

In accordance with it, the substantiation of the NMCC is carried out on the basis of the requirements for the purchased products / work. They are fixed by the 19th article of the Law governing the contract system. The requirements apply if they provide for the establishment by NMCC of a service , work or product.

Costly way

With its help, the substantiation of the NMCC according to 44-FZ is carried out when it is impossible to use other options or as a complement to them. The cost method involves the establishment of the value of the contract concluded with a single contractor / contractor or supplier, as the sum of expenses and profits usual for the respective field of activity. The rationale for the methodology for determining NMCC should include information on direct and indirect costs of the acquisition, production or sale of goods / works. In addition, the costs of storage, delivery, insurance, etc. are indicated.

Justification NMTSK tariff method

A sample form reflecting information on the threshold cost is given in Appendix 1 of the Methodological Recommendations approved by Order of the Ministry of Economic Development No. 567. It looks as follows.

The tariff method is applied if, according to the norms of legislation, the cost of the purchased works / goods to satisfy municipal or state needs is subject to state regulation or established by acts of local authorities. Calculations are made according to the formula:

NMCC (tar.) = V x C (tar.), In which:

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

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

Justification of the NMCC design and estimate method

The sample form is the same as above. This method involves determining the value of the contract concluded with one contractor for:

1. Reconstruction, construction, overhaul of the capital construction facility on the basis of design documents in accordance with work standards approved within the competence of the executive federal power structure, which implements the functions related to the development of state policy and legal regulation.
2. Implementation of measures aimed at preserving cultural and historical monuments. The exception is activities related to scientific and methodological guidance, copyright and technical supervision. Contracts are drawn up on the basis of design documents agreed upon in the manner prescribed by law, and in accordance with the rules and regulations approved by the executive federal body authorized by the Government.

Justification of NMCC by this method can also be carried out upon conclusion of an agreement with a single contractor / contractor or supplier for the current repair of structures, premises, buildings, structures.

Design Nuances

What to write in the rationale of the NMCC ? The document should contain calculations and be accompanied by background information. The NMCC form , which is publicly available on the Internet, does not contain the names of the suppliers who provided this or that information. Copies of the documents used, screenshots on which there are images of the pages of sites, the time and date of their formation, it is recommended to keep with other papers related to the purchase.

Example

Below is the calculation of NMCC using the method of comparable cost. It is advisable for him to identify the goods / work available on the market and corresponding to the description of the purchased object. Of these, choose those that have the maximum match. Goods / work is recommended to be divided into groups: homogeneous and identical. The last objects are considered:

1. Having the same basic characteristics. In particular, we are talking about technical, quality, operational, functional characteristics. Identification may be carried out taking into account the country of origin or manufacturer. Minor differences may not be taken into account.
2. Having the same characteristic features, including those sold using common methods, approaches, technologies, etc.
   

Homogeneous objects are those that, while not being identical, have similar characteristics and include similar components, which provides them with the ability 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, country of origin.

Inquiries

The information necessary to determine and justify NMCC can be obtained in several ways. For example, an interested person may send a request for information to at least five suppliers (contractors or contractors) with experience in supplying relevant goods / works. Information about them, as a rule, is freely available. The request can be placed in a single information database. An interested person can also search for data in the register of contracts concluded by other customers. In this case, it is advisable to take into account information on the cost of works / products present in the executed contracts and agreements, under which no penalty was imposed for improper fulfillment or evasion of paying off obligations over the past 3 years. The list of information required by the customer also includes information on:

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

In addition, information from pricing agencies may be used. The data of those organizations that provide them on the basis of disclosing the methodology for calculating value should be taken into account.

Amount Adjustment

When using the information placed in the register of contracts to determine the NMCC, the customer, the authorized body or institution may additionally change the cost depending on the method of purchase, which has become the source of relevant information. At the same time, the following adjustment procedure is recommended:

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

Odds

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

1. The term of the contract.
2. Scope of work / quantity of goods.
3. Delivery address.
4. Availability and amount of advance.
5. The scope and duration of the warranty.
6. Changes in the basic nomenclature associated with the adjustment of the specific gravity of different positions.
7. Additional equipment - the appearance of new works / goods.
8. The size of the contract security.
9. The period of formation of information about the cost.
10. Changes in taxation, customs duties, exchange rates.
11. The scale of production.

Doubtful information

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

1. Received from persons whose data are contained in the register of unscrupulous performers / contractors and suppliers.
2. Provided by anonymous entities.
3. Present in the documentation received by the customer on request that does not meet the requirements that he established.
4. In which there are no calculations of the prices of works / goods.

Request Content

An application for pricing information may include:

1. Detailed characteristics of the procurement object. Here, among other things, the unit of measure, the quantity of goods, the amount of work are indicated.
2. The list of data necessary to establish the uniformity or identity of the facilities proposed by the contractor / supplier or supplier.
3. Key conditions for the implementation of the terms of the contract concluded on the basis of the procurement. These include, but are not limited to, requirements for the order of shipment of goods, production of work, estimated dates, payment rules, amount of security, etc.
4. Information that the collection of information does not entail the occurrence of obligations.
5. Deadline for data submission.
6. An indication that the cost of a unit of work / product, the total transaction price under the conditions specified in the application, the validity period of the offer and the calculation should be clearly and unambiguously determined from the response to the directed request. This is necessary to prevent deliberate understatement or overstatement of amounts.

Incorrect pricing

Adopted by NMCC allows the customer to most rationally spend their own or budgetary funds for the purchase of goods / work. The procurement process is greatly influenced by the accuracy of the calculations. 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 execution of the transaction was scheduled for the end of the period, while he did not take into account correction factors or incorrectly set the cost or underestimated it, the procedure may not take place at all. This situation is understandable. The fact is that not a single supplier will submit an offer below cost, at a loss. Fluctuations in value must be taken into account. It should be remembered that individual product prices are tied to the foreign exchange rate. If, under such conditions, applications are submitted in the hope that an additional agreement will be concluded to the executed contract and the customer subsequently refuses to sign it, the supplier may suffer a substantial loss or be included in the list of dishonest persons. It may happen that the contract is fulfilled, but the delivery will be of inadequate quality. Accordingly, it should be understood that at a lower threshold cost, the risks will mainly be borne by the customer. If NMCC is correctly defined, and all errors that may affect the implementation of the contract are taken into account, spending will be more efficient. Participants in the process will give preference to those purchases in which the cost is close to real market indicators. In order for the delivery to be of such quality as it is expected, it is recommended that you carefully consider the characteristics of the subject of the transaction. With overpricing, at first glance it seems that there are no problems. Participants will send proposals, the purchase will be carried out. However, in this case the question arises of the counterparties' interest in the profit sharing. Overpricing is considered one of the signs of a corrupt transaction. It is likely that only one application will be allowed to purchase.

When conducting an auction at an inflated value, many people may be interested in the transaction. In the procurement process, the hype may reach the point that the reduction in supply will reach 90%. Subsequently, the information on contracts concluded as part of such procurement can be used for calculation by NMTS by other customers. This, in turn, will again lead to an understatement.