The initial (maximum) contract price represents the marginal cost of concluding a contract. It is indicated in the information card of the procurement documentation, notice or invitation. The NMCC determines the starting amount, above which the proposals 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.
Difficulties in practice
Some beginners misunderstand the term NMCC. The difficulties are related to the contradiction that is present in it. Some participants under the word "initial" understand the starting cost, from which the proposal is increased. However, this is an erroneous opinion. The procurement participant must remember that almost all procedures within the framework of the state order are aimed at reducing the cost. In this case, the "initial price" is the point at which the decline in supply begins. Participants are not en titled to exceed this threshold.
Specifics
The state customer forms a schedule every year. It includes purchases for the next year at a cost that has been set as a threshold. In this case, it is possible to change the NMCC. 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 also adjusted. New information about the threshold cost is added to it.
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 cost is limited depending on the purpose of the transaction. So, NMTsK can vary from 100 to 400 thousand rubles. If the customer has chosen a quote request, then the cost cannot exceed 500 thousand rubles.
Set threshold amount
Justification of the NMCC according to 44-FZ of an agreement concluded with one contractor / performer or supplier can be carried out in different ways. The main methods are:
- Comparable prices in the market.
- Normative.
- Tariff.
- Expensive.
- Design estimates.
Each method has, of course, its own specifics. Legislation allows the use of one method for determining the initial (maximum) contract price or several at once.
Comparable market value method
Justification of the NMCC is carried out on the basis of an analysis of the exchange of goods. The customer uses information on the market value of identical works/products planned for procurement. In case of their absence, the calculation of the NMCCcarried out in accordance with the number of homogeneous objects. When using this method, information on the cost of products / works must be obtained taking into account financial / commercial conditions for the fulfillment of obligations comparable to the requirements of the planned purchase.
Data sources
Justification of the method for determining the IMCC is carried out on the basis of publicly available information on the market value of products/works, information received from contractors/performers or suppliers. A single information system can also act as a data source. The comparable price method is considered a priority when determining the cost of a contract executed with one supplier. The use of other options is allowed in cases stipulated by law.
Normative way
In accordance with it, the justification of the NMTsK is carried out on the basis of the requirements for the purchased products / works. They are fixed by the 19th article of the Law regulating the contract system. The requirements apply if they provide for the establishment of the NCMC service, work or product.
Expensive method
With its help, the justification of the NMTsK according to 44-FZ is carried out when it is impossible to use other options or as an addition to them. The cost method involves establishing the cost of a contract concluded with a single contractor/contractor or supplier as the sum of expenses and profits that are usual for the relevant field of activity. To justify the method for determining the NMCC, one shouldinclude information on direct and indirect costs for the acquisition, production or sale of goods/works. In addition, the costs of storage, shipping, insurance, etc. are indicated.
Justification of the NMCC by the tariff method
A sample form reflecting information about the threshold cost is given in Appendix 1 of the Guidelines approved by Order of the Ministry of Economic Development No. 567. It looks like this.
The tariff method is applied if, according to the norms of the law, the cost of purchased works/goods to meet municipal or state needs are subject to state regulation or are established by acts of local authorities. Calculations are made according to the formula:
NMTsK(tar.)=V x C(tar.), in which:
- V - volume of purchased goods/work;
- C (tare) - the cost of a unit of product / work, established in accordance with a municipal act or as part of state regulation.
This method is not recommended for application to the cost, below which, according to the current legislation, purchase, sale, delivery is carried out.
Justification of NMTsK by design and estimate method
The sample form used is the same as above. This method involves setting the cost of the contract concluded with one contractor for:
- Reconstruction, construction, overhaul of a capital construction facility on the basis of design documents in accordance with the work standards approved within the competence of the executive federalstructure of power that implements functions related to the development of state policy and legal regulation.
- Implementation of activities aimed at preserving cultural and historical monuments. The 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 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 the NMCC in this way can also be carried out when concluding an agreement with a single performer / contractor or supplier for the current repair of structures, premises, buildings, structures.
Design nuances
What to write in the justification of the NMCC? The document should contain calculations and be accompanied by background information. The NMCC form, posted in the public domain on the Internet, does not contain the names of the suppliers who provided this or that information. Copies of the documents used, screenshots containing images of website pages, the time and date of their formation, are recommended to be stored with other papers related to the purchase.
Example
Below is the calculation of IMCC using the comparable cost method. It is advisable for him to identify goods/works available on the market and corresponding to the description of the purchased object. Of these, choose those that have the maximumconformity. Goods/works are recommended to be divided into groups: homogeneous and identical. Objects are considered last:
- Having the same basic features. In particular, we are talking about technical, qualitative, operational, functional characteristics. Identity can be determined by country of origin or manufacturer. Minor differences may not be taken into account.
- Having the same characteristic features, including those sold using common methods, approaches, technologies, etc.
Homogeneous objects are considered to be objects that, while not identical, have similar characteristics and include similar components, which makes it possible for them to perform the same functions or be interchangeable. The definition of this feature is carried out taking into account quality, reputation in the market, country of origin.
Requests
The information needed to define and justify the IMCC can be obtained in several ways. For example, an interested person can send a request for information to at least five suppliers (executors or contractors) with experience in supplying the relevant goods/works. Information about them, as a rule, is freely available. The request can be placed in a single information base. The interested person can also search for data in the register of contracts concluded by other customers. It is useful to take into account information aboutthe cost of works/products that are present in the executed contracts and agreements for which no pen alty was collected for improper performance or evasion of repayment of obligations during the last 3 years. The list of information required by the customer also includes information about:
- Cost of works/goods present in catalogs, advertisements, descriptions and other offers sent to an indefinite number of persons.
- Quotes on foreign and domestic stock exchanges, electronic platforms.
- Cost of works/goods included in state statistics.
- The market price of appraisal objects, determined in accordance with the legislation that regulates the relevant activity.
- The cost of works / products contained in official sources of authorized structures of state and municipal authorities, foreign countries, international organizations.
In addition, information from price information agencies can be used. Account should be taken of the data of those organizations that provide them under the conditions of disclosure of the cost calculation methodology.
Amount adjustment
When using information from the register of contracts to determine the IMCC, the customer, authorized body or institution may additionally change the cost depending on the method of purchase, which became the source of the relevant information. In this case, the following order of adjustment is recommended:
- If the purchase was made through a tender,the cost, if necessary, increases by no more than 10%.
- If an auction was organized, the price increase is allowed no more than 13%.
- When making a purchase by requesting quotations/offers, an increase is allowed no more than 17%.
- If the deal is with a single supplier, the cost is not adjusted.
Odds
Prices used in calculations are recommended to be brought in line with the requirements of the planned purchase. To do this, indexes and conversion factors are used. Their list and significance should be determined, among other things, on the basis of the result of an analysis of previously executed contracts in the interests of the customer. The coefficients are indicated in the rationale. With their help, conditions such as:
- Term for the implementation of the contract.
- Scope of work/quantity of goods.
- Delivery place.
- Presence and amount of the advance.
- Scope and terms of the guarantee.
- Changes in the basic nomenclature associated with the adjustment of the share of different positions.
- Additional equipment - the appearance of new works / goods.
- Amount of the contract security.
- Price information generation period.
- Changes in taxation, customs duties, exchange rates.
- The scale of the work.
Dubious information
When calculating the IMCC, it is not recommended to use the information:
- Received from persons whose datacontained in the register of unscrupulous contractors/contractors and suppliers.
- Provided by anonymous entities.
- Present in the documentation received by the customer upon request, which does not meet the requirements that he established.
- In which there are no calculations of the prices of works/goods.
Request content
In the application for price information may be present:
- Detailed characteristics of the procurement object. Here, among other things, the unit of measurement, the quantity of goods, the amount of work are indicated.
- List of data required to establish the homogeneity or identity of objects offered by the contractor/contractor or supplier.
- Key conditions for the implementation of the terms of the contract concluded as a result of the purchase. These include, among other things, the requirements for the order of shipment of goods, the production of work, the estimated time frame, payment rules, the amount of security, etc.
- Information that the collection of information does not entail the emergence of obligations.
- Data submission deadline.
- Indication that the response to the sent request should clearly and unambiguously determine the cost of a unit of work / goods, the total price of the transaction on the conditions specified in the application, the period of validity of the offer and calculation. This is necessary to prevent deliberate understatement or overstatement of amounts.
Incorrect pricing
The adopted NMTsK allows the customer to spend their own or budgetary funds on the purchase of goods / work in the most rational way. For the purchasing processthe correctness of the calculations has a great influence. The initial price directly depends on the absence or presence of proposals from participants. It must be said that if the customer collected data at the beginning of the year, and scheduled the execution of the transaction for the end of the period, while he did not take into account the correction factors or incorrectly set the cost or underestimated it, the procedure may not take place at all. This situation is quite understandable. The fact is that not a single supplier will submit an offer below cost, at a loss. Price fluctuations must be taken into account. At the same time, it must 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 significant loss or be included in the list of unscrupulous persons. It may also happen that the contract will be fulfilled, but the delivery will be of inadequate quality. Accordingly, it should be understood that with a lower threshold cost, the risks will be borne mainly by the customer. If the NMCC is correctly defined, and all the errors that can affect the implementation of the contract are taken into account, the spending of funds 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 the quality it is expected, it is recommended to carefully consider the characteristics of the subject of the transaction. Atoverpricing 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 about the interest of counterparties in the profit sharing. Overpriced is considered one of the signs of a corrupt deal. It is likely that only one bid will be allowed to purchase.
When holding an auction at an inflated cost, many people may be interested in a deal. During the procurement process, the hype can reach the point where the reduction in the proposal will reach 90%. Subsequently, information on contracts concluded within the framework of such purchases can be used to calculate the NMTsK by other customers. This, in turn, will again lead to an underestimation.
