Guidelines 567 dated 02.10. An example of calculating the NMC by the cost method

"ABOUT contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Collection of Legislation Russian Federation, 2013, No. 14, Art. 1652; No. 27, art. 3480)

Minister
A.V.ULYUKAEV

GUIDELINES
ON THE APPLICATION OF METHODS FOR DETERMINING THE INITIAL (MAXIMUM)
PRICES OF THE CONTRACT, PRICES OF THE CONTRACT CONCLUDED WITH THE SINGLE
SUPPLIER (CONTRACTOR, CONTRACTOR)

I. General provisions

1.1. real Guidelines(hereinafter referred to as the Recommendations) were developed to assist customers, authorized bodies, authorized institutions in determining and justifying the initial (maximum) contract price in the course of procurement using competitive methods for determining suppliers (contractors, performers), the price of a contract concluded with sole supplier(contractor, performer), to meet state or municipal needs in accordance with the provisions federal law dated April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2013, No. 14, art. 1652; No. 27, art. 3480 ) (hereinafter respectively - procurement, Federal Law No. 44-FZ).

1.2. The recommendations explain possible ways to determine and justify the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer) (hereinafter referred to as the NMCC), using the methods provided for in Part 1 of Article 22 of Federal Law No. 44-FZ.

1.4. The determination of the NMCC is carried out during the formation of the procurement schedule, the preparation of a notice on the implementation of the procurement, procurement documentation. The result of the determination of the NMCC is reflected in the specified documents.

1.6. When making purchases of goods, works, services included in the state defense order, these Recommendations are applied taking into account the specifics of the definition of the NMTsK, provided for in accordance with Federal Law No. 275-FZ of December 29, 2012 "On the State Defense Order" Federation, 2012, No. 53, item 7600).

1.7. In cases of procurement of goods, works, services related to types, groups of goods, works, services to meet state and municipal needs, in respect of which, in accordance with the provisions of Part 19 of Article 22 of Federal Law No. 44-FZ, an exhaustive list of information sources is established, which can be used for the purposes of determining the IMCC, the determination of the IMCC is carried out on the basis of data obtained from the sources of information included in such a list.

1.8. When determining the NMCC, it is recommended to proceed from the need to achieve the set goals for meeting state and municipal needs, which are provided for in Article 13 of Federal Law No. 44-FZ.

1.9. If within the framework of one procurement (one lot) it is supposed to purchase technologically and functionally related goods, works, services, then the IMCP can be calculated on the basis of information on the price of the entire procurement object (lot) or as the sum of the prices of all included in the procurement object (in one lot) of goods, works, services, which are determined in accordance with these Recommendations.

II. Rationale for NMCC

2.1. The justification of the NMCC is to perform the calculation of the indicated price with the application background information and documents or indicating the details of the documents on the basis of which the calculation was made. At the same time, in the justification of the NMCC, which is to be placed in open access in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet"), the names of suppliers (contractors, performers) who provided the relevant information are not indicated. The originals of the documents used in the determination, justification of the NMCC documents, screenshots ("screenshot") containing images of the relevant pages of the sites indicating the date and time of their formation, it is advisable to store with other procurement documents to be stored in accordance with the requirements of Federal Law No. 44-FZ .

2.2.1. determine the need for a specific product, work, service, due to the objectives of procurement in accordance with Article 13 of Federal Law No. 44-FZ;

2.2.2. establish a list of requirements for goods, works, services, the purchase of which is planned, as well as requirements for the conditions for the supply of goods, performance of work, provision of services;

2.2.3. conduct market research by studying publicly available sources of information, including the use of which is provided for by these Recommendations, in order to identify goods, works, services available on the market that meet the requirements defined in accordance with clause 2.2.2 of these Recommendations;

2.2.4. form a description of the procurement object in accordance with the requirements of Article 33 of Federal Law No. 44-FZ;

2.2.5. check the availability of the types, groups of goods, works, services accepted in relation to the planned for procurement:

2.2.5.1. regulatory legal acts of federal executive authorities, local regulatory acts of the state corporation Rosatom, which establish the procedures for determining the NMCC in accordance with Part 22 of Article 22 of Federal Law No. 44-FZ;

2.2.5.2. acts of the Government of the Russian Federation establishing exhaustive lists of sources of information that can be used for the purposes of determining the NMCC;

2.2.5.3. legal acts on regulation in the field of procurement, adopted in accordance with Article 19 of Federal Law No. 44-FZ;

2.2.6. in accordance with the requirements established by Article 22 of Federal Law No. 44-FZ, determine the applicable method for determining the IMCC or several such methods;

2.2.7. to carry out the determination of IMCC by the appropriate method, taking into account these Recommendations;

2.2.8. form the justification of the NMCC in accordance with clause 2.1 of these Recommendations. The recommended form of substantiation of the NMCC is given in Appendix No. 1 to these Recommendations.

III. Determination of NMCC by the method of comparable market prices
(market analysis)

3.1. The method of comparable market prices (market analysis) is to establish the NCMC on the basis of information on market prices (hereinafter referred to as price information) of identical goods, works, services planned for procurement, or in their absence, homogeneous goods, works, services.

3.2. The method of comparable market prices (market analysis) is a priority for determining and justifying the IMCP. The use of other methods is allowed in cases provided for by parts 7 - 11 of Article 22 of Federal Law No. 44-FZ.

3.3. In order to determine the IMCC by the method of comparable market prices (market analysis), it is recommended to determine, based on the results of market research:

3.3.1. goods, works, services presented on a functioning market and corresponding to the description of the procurement object, formed in accordance with paragraph 2.2.4 of these Recommendations;

3.3.2. goods, work, service that most fully correspond to the description of the procurement object, formed in accordance with clause 2.2.4 of these Recommendations.

3.4. The goods, works, services determined in accordance with clause 3.3.1 of these Recommendations should be divided into categories:

3.4.1. goods, works, services that are identical to the product, work, service determined (defined) in accordance with clause 3.3.2 of these Recommendations;

3.4.2. goods, works, services similar to a certain (defined) product, work, service in accordance with paragraph 3.3.2 of these Recommendations.

3.5. The following are considered identical:

3.5.1. goods that have the same basic features characteristic of them (functional, technical, quality, and performance characteristics). When determining the identity of goods, the country of origin and the manufacturer may be taken into account in particular. Minor differences in appearance goods may not be taken into account;

3.5.2. works, services that have the same basic features characteristic of them ( quality characteristics), including those implemented using the same methods, technologies, approaches, performed (provided) by contractors, performers with comparable qualifications.

3.6. Homogeneous are recognized:

3.6.1. goods that, while not identical, have similar characteristics and consist of similar components that enable them to perform the same functions and/or be commercially interchangeable. When determining the homogeneity of goods, their quality, reputation in the market, country of origin are taken into account;

3.6.2. works, services that, while not identical, have similar characteristics, which allows them to be commercially and (or) functionally interchangeable. When determining the homogeneity of works, services, their quality, reputation in the market, as well as the type of work, services, their volume, uniqueness and commercial interchangeability are taken into account.

3.7. In order to obtain price information regarding a product, work, service, it is recommended to carry out several of the following procedures to determine the IMCP:

3.7.1. send requests for pricing information to at least five suppliers (contractors, performers) with experience in the supply of relevant goods, works, services, information about which is freely available (in particular, published in print, posted on sites on the Internet) ;

3.7.2. place a request for the provision of price information in a single information system in the field of procurement of goods, works, services to meet state or municipal needs (hereinafter referred to as the UIS) (before the commissioning of the UIS on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work , provision of services www.zakupki.gov.ru (hereinafter referred to as the official website);

3.7.3. search for price information in the register of contracts concluded by customers. At the same time, it is advisable to take into account information on the prices of goods, works, services contained in contracts that have been executed and for which penalties (fines, penalties) have not been collected due to non-fulfillment or improper fulfillment of obligations under these contracts over the past three years. . Recommendations for searching for publicly available price information contained in the register of contracts concluded by customers are given in Appendix No. 2 to these Recommendations;

3.7.4. to collect and analyze publicly available price information, which includes, among other things:

3.7.4.1. information on the prices of goods, works, services contained in advertisements, catalogs, descriptions of goods and other offers addressed to an indefinite circle of persons, including those recognized in accordance with civil law as public offers;

3.7.4.2. information about quotes on Russian exchanges and foreign exchanges;

3.7.4.3. quote information on electronic platforms;

3.7.4.4. state statistical reporting about the prices of goods, works, services;

3.7.4.5. information on the prices of goods, works, services, contained in official sources of information authorized government agencies and municipal authorities in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, municipal regulatory legal acts, in official sources of information of foreign states, international organizations or other publicly available publications;

3.7.4.6. information on market value objects of assessment, determined in accordance with the legislation governing appraisal activity In Russian federation;

3.7.4.7. information of information and price agencies. At the same time, it is recommended to take into account the information of such agencies, which is provided on the terms of disclosing the pricing methodology;

3.7.4.8. other sources of information, including publicly available results of market research.

3.8. At the initiative of a customer, an authorized body, an authorized institution, including on the basis of a contract, a market study may be conducted in order to obtain price information necessary to determine the IMCP. The results of such market research are recommended to be considered along with other sources of price information, provided that the pricing methodology is disclosed in the reports on their results.

3.9. If a request for price information is sent by potential suppliers (contractors, performers), it is recommended that such a request be sent, among other things, to suppliers (contractors, performers) who, over the past three years prior to the determination of the NCMC, had experience in performing similar contracts concluded with the customer and ( or) by other customers without applying to the supplier (contractor, performer) forfeits (fines, penalties) due to non-fulfillment or improper fulfillment of obligations stipulated by the relevant contract. If there were more than five such suppliers (contractors, performers), then it is recommended to send a request to at least five suppliers (contractors, performers) who have executed contracts over the past three years prior to the determination of the NCMC.

3.10. A request for the provision of price information sent to a potential supplier (contractor, performer), and (or) a request for the provision of price information posted in the EIS (on the official website or other websites) or in printed publications may contain:

3.10.1. detailed description the object of the procurement, including an indication of the unit of measurement, quantity of goods, volume of work or service;

3.10.2. a list of information necessary to determine the identity or homogeneity of goods, work, services offered by the supplier (contractor, performer);

3.10.3. the main conditions for the execution of a contract concluded as a result of the procurement, including requirements for the order of delivery of products, performance of work, provision of services, expected terms of the procurement, payment procedure, amount of contract performance security, requirements for the warranty period of goods, work, services and (or) volume providing guarantees of their quality;

3.10.4. terms for providing price information;

3.10.5. information that the implementation of this information collection procedure does not entail the emergence of any obligations of the customer;

3.10.6. an indication that the response to the request must unambiguously determine the price of a unit of goods, work, services and the total price of the contract on the terms specified in the request, the validity period of the proposed price, the calculation of such a price in order to prevent intentional overestimation or underestimation of the prices of goods, works, services.

3.11. The request provided for in paragraph 3.7.2 of these Recommendations is recommended to be formed identical in content with the request provided for in paragraph 3.7.1 of these Recommendations.

3.12. It is recommended that all documents containing price information received upon requests provided for in paragraphs 3.7.1 and 3.7.2 of these Recommendations be registered in the office work of the customer, the authorized body, the authorized institution and used in the calculations of the NMCC.

3.13.1. submitted by persons whose information is included in the register of unscrupulous suppliers (contractors, performers);

3.13.2. obtained from anonymous sources;

3.13.4. not containing the calculation of prices for goods, works, services.

3.14. When using price information from the sources specified in paragraph 3.7 of these Recommendations for the purpose of determining the NMCC, it is advisable, in the manner provided for in paragraph 3.16 of these Recommendations, to bring the received prices of goods, works, services to commercial and (or) financial terms of supply comparable to the conditions of the planned purchase goods, performance of work, provision of services, as well as to bring the prices of past periods (more than six months from the period of determining the NMCC) to the current price level in the manner prescribed by clause 3.18 of these Recommendations.

3.15. Commercial and (or) financial conditions for the supply of goods, performance of work, provision of services are recognized as comparable if the differences between such conditions do not affect the relevant results or these differences can be taken into account by applying adjustments to such conditions.

3.16. When using the price information received in accordance with paragraph 3.7.3 of these Recommendations for the purpose of determining the NMCC, the customer, authorized body, authorized institution may additionally adjust the price of goods, works, services, depending on the method of procurement, which was the source of information on the price of goods , works, services. It is recommended to use the following order:

3.16.1. if the purchase was carried out through a tender, it is recommended to increase the price of goods, work, services, if necessary, by no more than 10%;

3.16.2. if the purchase was carried out by holding an auction - the price of goods, works, services, if necessary, is recommended to be increased by no more than 13%;

3.16.3. if the purchase was carried out by conducting a request for quotations, a request for proposals, it is recommended to increase the price of goods, work, services, if necessary, by no more than 17%;

3.16.4. if the purchase was carried out from a single supplier (contractor, performer) - the price of goods, work, services in accordance with this clause is not adjusted.

3.17. It is recommended that the prices used in the NCMC calculations be brought into line with the terms of the planned purchase, in respect of which the NCMC is determined, using coefficients or indices for recalculating the prices of goods, works, services, taking into account differences in the characteristics of goods, commercial and (or) financial terms supply of goods, performance of work, provision of services. It is recommended to determine the list and significance of the indicated coefficients used in the calculations, including on the basis of the results of the analysis of contracts executed earlier in the interests of the customer, and indicate in the justification of the NMCC. With the help of these coefficients, among other things, the following conditions can be taken into account:
term of the contract;
quantity of goods, scope of work, services;
availability and amount of advance payment under the contract;
delivery address;
term and scope of quality assurance;
change in the basic nomenclature (complete set, scope of work, services), due to a change specific gravity various positions (goods, works, services) in total volume purchases;
additional nomenclature (complete set) - the appearance of new (or the exclusion of previously provided) positions (goods, works, services) in the total volume of purchases;
the size of the security for the performance of the contract;
the term for the formation of price information (taken into account in the manner provided for in clause 3.18 of these Recommendations);
change in taxation;
the scale of the work, the provision of services;
change in exchange rates (for the purchase of imported products);
change in customs duties.

3.18. The prices of past periods used in calculations in accordance with these Recommendations can be brought to the current price level by applying a coefficient calculated in accordance with the formula:

Coefficient for recalculating prices of past periods to the current price level;
- term of formation of price information used for calculation;
t - month of NMCC settlements;
- consumer price index for the month as a percentage of the previous month, corresponding to the month in the range from to t inclusive, set Federal Service state statistics (official site on the Internet www.gks.ru).

3.19. In order to determine the IMCP by the method of comparable market prices (market analysis), it is recommended to use at least three prices for goods, works, services offered by various suppliers (contractors, performers).

3.20. In order to determine the homogeneity of the set of values of identified prices used in the calculation of the IMCP in accordance with this section, it is recommended to determine the coefficient of variation. The price variation coefficient is determined by the following formula:

where:
V - coefficient of variation;
- standard deviation;
- the price of a unit of goods, work, services, indicated in the source with number i;
<ц>- the arithmetic mean value of the price of a unit of goods, work, services;
# - the number of values used in the calculation.

3.20.1. The coefficient of variation can be calculated using the standard functions of spreadsheet editors.

3.20.2. The set of values used in the calculation, when determining the IMCC, is considered heterogeneous if the price variation coefficient exceeds 33%. If the coefficient of variation exceeds 33%, it is advisable to conduct additional research in order to increase the amount of price information used in the calculations.

3.21. NMCC by the method of comparable market prices (market analysis) is determined by the formula:

where:
- NMTsK, determined by the method of comparable market prices (market analysis);

№ - the number of values used in the calculation;
i - number of price information source;
- - the price of a unit of goods, work, services, presented in the source with number i, adjusted taking into account the coefficients (indices) used to recalculate the prices of goods, works, services, taking into account differences in the characteristics of goods, commercial and (or) financial conditions for the supply of goods , performance of work, provision of services determined in accordance with clause 3.17 of these Recommendations.

3.22. If the price of goods, work, services received in response to requests for price information provided for in clauses 3.7.1 and 3.7.2 of these Recommendations is used in the calculation of the price, the conditions are not adjusted, except for cases when price information received less than six months before the period for determining the NMCC. In these cases, the adjustment is carried out using the coefficient calculated in the manner prescribed by clause 3.18 of these Recommendations. An example of determining and substantiating the NMCC by the method of comparable market prices (market analysis) using publicly available price information contained in the register of contracts concluded by customers is given in Appendix No. 3 to these Recommendations.

IV. Determination of NMCC by the normative method

4.1. The normative method consists in calculating the NMCP based on the requirements for purchased goods, works, services established in accordance with Article 19 of Federal Law No. 44-FZ, if such requirements provide for the establishment of marginal prices for goods, works, services.

4.2. The determination of NMCC by the normative method is recommended to be carried out according to the formula:

where:
- NMTsK, determined by the normative method;
v - quantity (volume) of purchased goods (works, services);
- the marginal price of a unit of goods, work, services, established in the framework of rationing in the field of procurement.

4.3. When determining the NMCC by the normative method, information on the marginal prices of goods, works, services posted in the UIS is used (before the commissioning of the UIS - on the official website).

4.4. The normative method can be used to determine the IMCP (if the price of goods, work, services is normalized in accordance with the current legislation of the Russian Federation) together with the comparable market prices method (market analysis). At the same time, the received IMCC cannot exceed the value calculated in accordance with clause 4.2 of these Recommendations.

V. Determination of the NMCC by the tariff method

5.1. The tariff method shall be applied if, in accordance with the legislation of the Russian Federation, the prices of purchased goods, works, services for state and municipal needs are subject to state regulation or are established by municipal legal acts. The tariff method is not recommended to be applied to the prices of goods, works, services, not below which, in accordance with the legislation of the Russian Federation, purchases, deliveries or sales of such goods, works, services are carried out.

5.2. NMTsK tariff method is determined by the formula:

where:
- NMTsK, determined by the tariff method;
v - quantity (volume) of purchased goods (works, services);
- the price (tariff) of a unit of goods, work, services, established within the framework of state regulation of prices (tariffs) or established by the municipal legal act.

VI. Definition of NMTsK by design and estimate method

6.1. The basis for determining the NMCC for the construction, reconstruction, overhaul of the facility capital construction, carrying out work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance, technical and architectural supervision, is project documentation (including the estimated cost of work), developed and approved in accordance with the legislation of the Russian Federation.

6.2. If the construction, reconstruction or technical re-equipment (if such re-equipment is associated with the construction or reconstruction of a capital construction object) of a capital construction object is planned to be carried out in full or in part at the expense of the federal budget, then regardless of the mandatory state expertise project documentation the reliability of determining the estimated cost of construction of a capital construction object is being verified in accordance with the Decree of the Government of the Russian Federation dated May 18, 2009 No. 427 "On the procedure for conducting a verification of the reliability of determining the estimated cost of capital construction objects, the construction of which is financed with the involvement of federal budget funds" (Collection of Legislation Russian Federation, 2009, No. 21, article 2576; 2012, No. 29, article 4124; 2013, No. 23, article 2927).

6.3. When determining the NMCC for the construction and (or) reconstruction of capital construction facilities using federal budget funds provided for under the federal targeted investment program (hereinafter referred to as FTIP), it is recommended to set the size of such NMCC in accordance with the volume of capital investments for the implementation investment project provided for by the relevant regulatory legal act of the Government of the Russian Federation, or by the decision of the chief manager of budgetary funds.

6.4. If, based on the results of the verification of the reliability of determining the estimated cost of capital construction objects, the estimated cost of the object by years of implementation of the investment project, calculated in the prices of the corresponding years using deflator indices by type economic activity determined by the Ministry economic development of the Russian Federation, within the framework of developing a forecast of the socio-economic development of the Russian Federation, does not exceed the amount of capital investments established in the acts or decisions specified in clause 6.3 of these Recommendations, then the NMCC for the construction and (or) reconstruction of capital construction facilities using federal budget funds within FTIP is formed based on the specified estimated cost.

VII. Determination of NMCC by the cost method

7.1. The cost method is used if it is impossible to use other methods provided for in Part 1 of Article 22 of Federal Law No. 44-FZ, or in addition to other methods.

7.2. The cost method consists in determining the NMCC as the sum of the costs incurred and the usual profit for a certain area of activity. An example of calculating the NMCC by the cost method is given in Appendix No. 4 to these Recommendations.

7.3. When determining the costs incurred, the usual in such cases direct and indirect costs for the production or acquisition and (or) sale of goods, works, services, costs for transportation, storage, insurance and other costs are taken into account.

7.4. Information on ordinary profit for a certain field of activity can be obtained by the customer based on the analysis of contracts posted in the EIS, on the official website, other publicly available sources of information, including information from price information agencies, publicly available market research results, as well as market research results, conducted at the initiative of the customer, the authorized body, the authorized institution.

VIII. Cost calculation life cycle goods, object,
created as a result of work

8.1. In the cases provided for in accordance with Part 16 of Article 34 of Federal Law No. 44-FZ, as well as in other cases established by the Government of the Russian Federation for evaluating the bids of procurement participants, the customer in the procurement documentation has the right to establish as a criterion for evaluating bids the cost of the life cycle of a product or created as a result of the object's work.

8.2. The criterion of the cost of the life cycle of a product or an object created as a result of the performance of work includes the costs of purchasing the product or performing the work, subsequent maintenance, operation during its service life, repair, disposal of the delivered product or the object created as a result of the work.

8.3. The calculation of the cost of the life cycle of a product or an object created as a result of the work is recommended to be carried out using the methods of determining and justifying the NMCC.

Application No. 1

contract, contract price,
concluded with a single
supplier (contractor,
performer) approved

dated 02.10.2013 No. 567

___________________________________________________________________________
(the subject of the contract is indicated)

Contract worker/contract worker
manager:
_______________________________________
(position)
_______________/______________________/
(signature/signature transcript)

"__" ______________ 20__

FULL NAME. artist/contact phone

Application No. 2
to the Guidelines
on the application of methods for determining
initial (maximum) price
contract, contract price,
concluded with a single
supplier (contractor,
performer) approved
by order of the Ministry of Economic Development of Russia
dated 02.10.2013 No. 567

In order to obtain price information contained in contracts, customers, authorized bodies, authorized institutions must use the register of contracts concluded by customers posted on the official website of the Russian Federation in the information and telecommunication network "Internet" to post information on placing orders for the supply of goods, execution works, provision of services www.zakupki.gov.ru (hereinafter respectively - the Register of Contracts, the official website).

For this you need:

1. Log in to the official website.

2. Log in to the "Register of contracts" section.

3. In order to search for specific procurement parameters, you must open the advanced search page, for this you must click the "Advanced search" link in the search block on the "Register of contracts" page.

4. On the advanced search page in the " general information about the contract", you need to change the status of the contract, namely, go to the "Execution completed" tab. To do this, select this tab on the "Register of contracts" page. The "Execution completed" tab displays registry entries for which "Information on the execution of the contract" The change in the status of the contract is necessary in order to meet the requirements of paragraph 1 of part 18 of Article 22 of the Federal Law of April 5, 2013 No. needs" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2013, No. 14, Art. 1652; No. 27, Art. 3480), according to which, for the purposes of determining the NMCC, it is necessary to use the price information contained in contracts that have been executed and for which no penalties have been collected (fines, penalties) due to non-performance or improper performance of obligations under these contracts.

5. In order to search for price information that is as close as possible to the needs of the customer, it is possible to set various search criteria, for example, in the "General information about the contract" block, you can set the date range for the conclusion of the contract, in the "Customer information" block, you can set the search for a specific region customer, in the "Order information" block - the method of placing an order, in the "Information about the supplier (executor, contractor)" block, the status of the supplier can be set:
small business entity;
institutions of the penitentiary system;
all-Russian public organizations disabled people;
other criteria that are important to the customer and that can affect the price of the contract.

6. To search by the parameters of the subject of procurement, it is necessary to set the search criteria required by the customer for the subject of procurement in the "Subject of the contract" block.

With regard to the criterion "name of goods, works, services", you can specify a part of the name or the full name of the goods, work, service (for example, stationery, furniture, milk, etc.).

Using the feature "Taking into account all forms of words" allows you to search for any match, including any phrase with a different word order, taking into account the morphology of the Russian language. When the "Strict match" flag is set, the search for the specified value is performed. The search can be carried out either taking into account all forms of words or by strict correspondence.

You can also select a value from the classifier using the "Search in the classifier" link. To do this, select the product code - enter the value manually or click the "Search in the classifier" link. When you enter a code value in the field and click next to the "Search in the classifier" link field, the entered value will be copied into the search string in the search window in the classifier that opens.

In order to identify comparable conditions, it is possible to establish a range of conditions acceptable to the customer, such as the price per unit of goods, works, services; quantity of goods, works, services; total amount by product code. In this case, if you set the flag "Including nested positions", the search will be carried out by the specified position of the classifier, taking into account all the conditions set by the customer.

7. After filling in all the parameters required by the customer, you must click the "Find" button. The search will be performed taking into account the specified parameters among all contracts in the Contracts Register.

The search results will display contracts that simultaneously satisfy all the specified search criteria.

In order to objectively and correctly collect information to determine the NMCC, it is necessary to be guided by the information contained in the attached contracts. To do this, go to the "Contract card" and then to the "Documents" tab. This tab contains attached documents, including a contract concluded as a result of the procurement procedure. The name of the attached document is a hyperlink to save or open the document.

Of the contracts displayed as a result of the search, it is necessary to select and use contracts with conditions similar to the needs of the customer to prepare the NMCC justification. These conditions may be:
conditions on the subject of the contract (quantity and name of goods, works, services);
in order to ensure competitive conditions, it is recommended, when choosing a product, work, service in accordance with this paragraph, to give preference to goods, work, services that best meet the needs of the customer, have improved technical and quality characteristics and properties. The remaining identified goods, works, services must be divided into two categories - identical goods, works, services and homogeneous goods, works, services;
date of delivery of goods, performance of work, provision of services (the date of delivery of goods, performance of work, provision of services under the contract selected in the Register of Contracts that is closest to the procurement procedure of the customer, authorized body, authorized institution will allow you to most accurately determine the current prices for goods, works, services);
terms and procedure for the delivery of goods, performance of work, provision of services (delivery of the entire volume at once or in batches, to one address or to several addresses, etc.);
the procedure and terms of payment (including the availability and amount of the advance payment);
availability of security for the performance of the contract and other terms of the contract, which, in the opinion of the customer, the authorized body, the authorized institution, are significant and capable of influencing the price of the contract.

Based on the results of the selection of contracts, it is recommended to proceed from the need to use in the calculations at least three prices of goods, works, services offered by various suppliers (contractors, performers). The received price information is used to determine and justify the IMCP, taking into account the provisions of Section 3 of these Recommendations.

Application No. 3
to the Guidelines
on the application of methods for determining
initial (maximum) price
contract, contract price,
concluded with a single
supplier (contractor,
performer) approved
by order of the Ministry of Economic Development of Russia
dated 02.10.2013 No. 567

EXAMPLE
DEFINITIONS AND JUSTIFICATIONS OF THE INITIAL (MAXIMUM)
PRICES OF THE CONTRACT, PRICES OF THE CONTRACT CONCLUDED WITH THE SINGLE
SUPPLIER (CONTRACTOR, CONTRACTOR), METHOD
COMPARABLE MARKET PRICES (MARKET ANALYSIS) USING
PUBLICLY AVAILABLE PRICE INFORMATION CONTAINED IN THE REGISTER
CONTRACTS SIGNED BY CUSTOMERS

It is necessary to purchase split systems in the amount of 10 pieces.

In order to establish the NMCC by the method of comparable market prices (market analysis), the customer needs to determine the clear parameters of the subject of procurement, as well as the main conditions for the execution of the contract that affect the price of the contract.

The specified information is revealed during the preparation and formation of the customer's needs, as well as during the preparation technical requirements, specifications and terms of reference for the supply of goods, performance of work, provision of services that are the subject of the contract, and preparation of procurement documentation.

Thus, if a split system is needed, the customer identifies the possible characteristics of the required equipment, for example:

Equipment dimensions;
type (monoblock, multi-split system, split system);
type of indoor unit (duct, cassette, column, mobile, floor and ceiling, wall, window);
the number of indoor units of the multisplit system;
noise level;
operating modes (cooling, cooling/heating);
serviced area;
the presence of a remote control;
supply ventilation mode;
the presence of a motion sensor;
inverter power control;
the presence of an automatic mode;
the presence of a night mode;
the presence of a dehumidification mode;
the presence of fine air filters and others.

Based on the possible characteristics of the equipment, the customer identifies characteristics that meet his needs, for example, the customer has determined that he needs a wall-mounted split system with a cooling and heating operating mode, with a service area of 30 to 50 square meters. m, with inverter power control.

Information about specific models of goods, their manufacturers and suppliers can be obtained from the information and telecommunication network "Internet", as well as from catalogs and other reference publications.

Based on the results of the market analysis, the customer identified specific models that fully meet all the requirements specified by the customer, namely:

1. Model 1.
2. Model 2.
3. Model 3.
4. Model 4.

For the calculation of the NMTsK, the customer accepts the goods that most fully meet the needs of the customer, namely Model 1, since it has additional benefits in comparison with other models, namely: the presence of a plasma filter, an anion generator and a low noise level.

Further, using the register of contracts concluded by customers, posted on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services www.zakupki.gov.ru (hereinafter referred to as the register of contracts ), it is necessary to find price information on purchases of the split system model chosen by the customer.

The mechanism for searching for information in the register of contracts is described in the "Recommendations for Searching Publicly Available Price Information Contained in the Register of Contracts Concluded by the Customer" (Appendix No. 2 to these Recommendations).

It should be remembered that in order to identify information as close as possible to the requirements of the customer, it is advisable to take into account various conditions for the execution of the contract, similar to the requirements of the customer (for example, the timing and procedure for delivery, the scope of delivery, the timing and procedure for payment, the availability of security for the performance of the contract, etc.).

Thus, according to the results of the search, the customer revealed the following:

Price per item	Terms of payment	Delivery conditions	Date of conclusion of the contract	Securing a contract
		Delivery and installation within 10 calendar days after the conclusion of the contract
	Without advance payment, upon delivery and installation of goods within 30 (thirty) calendar days from the date of signing by the parties of invoices, invoices, waybills and acts of acceptance and transfer of goods	Delivery, installation and commissioning within 15 working days from the date of signing the state contract	April 2013
	Without advance payment, upon delivery of the goods by the supplier, within 30 calendar days from the date of delivery	Delivery time of the goods - within 10 calendar days from the date of signing the contract. Commissioning date - no later than October 15, 2013.	April 2013
	No advance payment, payment within 100 (one hundred) calendar days from the date of delivery and installation of the goods	Delivery and installation within 8 working days after the conclusion of the contract	February 2013

During the analysis of the market, the customer can also identify prices for homogeneous goods. In our case: model 2, model 3, model 4. In the absence of prices for identical goods, it is necessary to use prices for homogeneous goods.

Given the significant difference in purchase volumes in the examples found, it is advisable to apply correction factors and indices, the list and size of which must be justified and given in the justification of the NMCC. For example, a customer can approximate the product price function from known values using standard functions of spreadsheet editors (for example, Microsoft Office Excel).

Suppose that the customer considered the use of correction factors and indices inappropriate, in this case, the required values obtained from the register of contracts are used.

It is necessary to determine the coefficient of variation - the average value of the price is 29982.33 rubles, the standard deviation is 8809.66, the coefficient of variation is 29.38% - the set of prices is assumed to be homogeneous.

NMCC is calculated by the formula:

Application No. 4
to the Guidelines
on the application of methods for determining
initial (maximum) price
contract, contract price,
concluded with a single
supplier (contractor,
performer) approved
by order of the Ministry of Economic Development of Russia
dated 02.10.2013 No. 567

EXAMPLE OF CALCULATION OF IMCC BY THE COST METHOD

Subject of the contract: research

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

INITIAL (MAXIMUM)

SUPPLIER (CONTRACTOR, CONTRACTOR)

2.2.1. determine the need for a particular product, work, service, due to the objectives of procurement in accordance with Article 13 of Federal Law N 44-FZ;

2.2.4. form a description of the procurement object in accordance with the requirements of Article 33 of the Federal Law N 44-FZ;

2.2.5. check the availability of the types, groups of goods, works, services accepted in relation to the planned for procurement:

2.2.5.1. normative legal acts of federal executive authorities, local normative acts of the state corporation Rosatom, which establish the procedures for determining the NMCC in accordance with Part 22 of Article 22 of Federal Law No. 44-FZ;

2.2.5.2. acts of the Government of the Russian Federation establishing exhaustive lists of sources of information that can be used for the purposes of determining the NMCC;

2.2.5.3. legal acts on regulation in the field of procurement, adopted in accordance with Article 19 of Federal Law No. 44-FZ;

2.2.6. in accordance with the requirements established by Article 22 of Federal Law N 44-FZ, determine the applicable method for determining the IMCC or several such methods;

2.2.7. to carry out the determination of IMCC by the appropriate method, taking into account these Recommendations;

III. Determination of IMCC by the method of comparable market prices

(market analysis)

3.3. In order to determine the IMCC by the method of comparable market prices (market analysis), it is recommended to determine, based on the results of market research:

3.3.1. goods, works, services presented on a functioning market and corresponding to the description of the procurement object, formed in accordance with paragraph 2.2.4 of these Recommendations;

3.3.2. goods, work, service that most fully correspond to the description of the procurement object, formed in accordance with clause 2.2.4 of these Recommendations.

3.4. The goods, works, services determined in accordance with clause 3.3.1 of these Recommendations should be divided into categories:

3.4.1. goods, works, services that are identical to the product, work, service determined (defined) in accordance with clause 3.3.2 of these Recommendations;

3.4.2. goods, works, services similar to a certain (defined) product, work, service in accordance with paragraph 3.3.2 of these Recommendations.

3.5. The following are considered identical:

3.5.1. goods that have the same basic features characteristic of them (functional, technical, quality, and performance characteristics). When determining the identity of goods, the country of origin and the manufacturer may be taken into account in particular. Slight differences in the appearance of the goods may not be taken into account;

3.5.2. works, services that have the same basic features (qualitative characteristics) characteristic of them, including those implemented using the same methods, technologies, approaches, performed (provided) by contractors, performers with comparable qualifications.

3.6. Homogeneous are recognized:

3.7. In order to obtain price information regarding a product, work, service, it is recommended to carry out several of the following procedures to determine the IMCP:

3.7.2. place a request for the provision of price information in a unified information system in the field of procurement of goods, works, services to meet state or municipal needs (hereinafter referred to as the UIS) (before the UIS is put into operation on the official website of the Russian Federation in the Internet information and telecommunication network for placement information on placing orders for the supply of goods, performance of work, provision of services www.zakupki.gov.ru (hereinafter referred to as the official website);

3.7.4. to collect and analyze publicly available price information, which includes, among other things:

3.7.4.2. information about quotes on Russian exchanges and foreign exchanges;

3.7.4.3. information about quotes on electronic platforms;

3.7.4.4. data of state statistical reporting on the prices of goods, works, services;

3.7.4.5. information on the prices of goods, works, services contained in official sources of information of authorized state bodies and municipal bodies in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, municipal regulatory legal acts, in official sources of information of foreign states, international organizations or other public publications ;

3.7.4.6. information on the market value of appraisal objects, determined in accordance with the legislation governing appraisal activities in the Russian Federation;

3.7.4.8. other sources of information, including publicly available results of market research.

3.10.1. a detailed description of the procurement object, including an indication of the unit of measurement, quantity of goods, scope of work or service;

3.10.2. a list of information necessary to determine the identity or homogeneity of goods, work, services offered by the supplier (contractor, performer);

3.10.4. terms for providing price information;

3.10.5. information that the implementation of this information collection procedure does not entail the emergence of any obligations of the customer;

3.11. The request provided for in paragraph 3.7.2 of these Recommendations is recommended to be formed identical in content with the request provided for in paragraph 3.7.1 of these Recommendations.

3.13.1. submitted by persons whose information is included in the register of unscrupulous suppliers (contractors, performers);

3.13.2. obtained from anonymous sources;

3.13.4. not containing the calculation of prices for goods, works, services.

3.16.1. if the purchase was carried out through a tender, it is recommended to increase the price of goods, work, services, if necessary, by no more than 10%;

3.16.2. if the purchase was carried out by holding an auction - the price of goods, works, services, if necessary, is recommended to be increased by no more than 13%;

3.16.4. if the purchase was carried out from a single supplier (contractor, performer) - the price of goods, work, services in accordance with this clause is not adjusted.

3.17. The prices used in the calculations of the NMCC are recommended to be brought into line with the terms of the planned purchase, in respect of which the NMCC is determined, using coefficients or indices for recalculating the prices of goods, works, services, taking into account differences in the characteristics of goods, commercial and (or) financial conditions of supply goods, performance of work, provision of services. It is recommended to determine the list and significance of the indicated coefficients used in the calculations, including on the basis of the results of the analysis of contracts executed earlier in the interests of the customer, and indicate in the justification of the NMCC. With the help of these coefficients, among other things, the following conditions can be taken into account:

The term of the contract;

Quantity of goods, volume of works, services;

Availability and amount of advance payment under the contract;

Delivery address;

The term and scope of quality assurance;

Change in the basic nomenclature (complete set, scope of work, services), due to a change in the share of various positions (goods, works, services) in the total volume of purchases;

Additional nomenclature (complete set) - the appearance of new (or the exclusion of previously provided) positions (goods, works, services) in the total volume of purchases;

The amount of the security for the performance of the contract;

The term for the formation of price information (taken into account in the manner provided for in clause 3.18 of these Recommendations);

Change in taxation;

The scale of the work, the provision of services;

Changes in exchange rates (for the purchase of imported products);

Change of customs duties.

Coefficient for recalculating prices of past periods to the current price level;

The term for the formation of price information used for calculation;

T - month of NMCC settlements;

Consumer price index for a month as a percentage of the previous month, corresponding to a month in the range from to t inclusive, established by the Federal State Statistics Service (official website on the Internet www.gks.ru).

V - coefficient of variation;

Standard deviation;

The price of a unit of goods, work, services, indicated in the source with the number i;

<ц>- the arithmetic mean value of the price of a unit of goods, work, services;

N is the number of values used in the calculation.

3.20.1. The coefficient of variation can be calculated using the standard functions of spreadsheet editors.

3.21. NMCC by the method of comparable market prices (market analysis) is determined by the formula:

NMTsK, determined by the method of comparable market prices (market analysis);

N is the number of values used in the calculation;

I - number of price information source;

The price of a unit of goods, work, services, presented in the source with number i, adjusted taking into account the coefficients (indices) used to recalculate the prices of goods, works, services, taking into account differences in the characteristics of goods, commercial and (or) financial conditions for the supply of goods, performance works, provision of services determined in accordance with clause 3.17 of these Recommendations.

IV. Determination of NMCC by the normative method

4.1. The normative method consists in calculating the NMCP based on the requirements for purchased goods, works, services established in accordance with Article 19 of Federal Law N 44-FZ, if such requirements provide for the establishment of marginal prices for goods, works, services.

4.2. The determination of NMCC by the normative method is recommended to be carried out according to the formula:

NMTsK, determined by the normative method;

V - quantity (volume) of purchased goods (works, services);

The marginal price of a unit of goods, work, services, established in the framework of rationing in the field of procurement.

V. Determination of the NMCC by the tariff method

5.2. NMTsK tariff method is determined by the formula:

NMTsK, determined by the tariff method;

V - quantity (volume) of purchased goods (works, services);

The price (tariff) of a unit of goods, work, services, established within the framework of state regulation of prices (tariffs) or established by a municipal legal act.

VI. Definition of NMTsK by design and estimate method

6.1. The basis for determining the NMCC for the construction, reconstruction, overhaul of a capital construction object, carrying out work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance, technical and architectural supervision, is project documentation (including budget cost of work), developed and approved in accordance with the legislation of the Russian Federation.

6.2. If the construction, reconstruction or technical re-equipment (if such re-equipment is associated with the construction or reconstruction of a capital construction object) of a capital construction object is planned to be carried out in whole or in part at the expense of the federal budget, then regardless of the obligation to conduct a state examination of project documentation, the reliability of determining the estimated cost is checked construction of a capital construction facility in accordance with Decree of the Government of the Russian Federation of May 18, 2009 N 427 "On the procedure for verifying the reliability of determining the estimated cost of capital construction facilities, the construction of which is financed with the involvement of federal budget funds" (Collected Legislation of the Russian Federation, 2009, N 21, item 2576; 2012, N 29, item 4124; 2013, N 23, item 2927).

6.3. When determining the NMTsK for the construction and (or) reconstruction of capital construction objects using federal budget funds provided for under the federal targeted investment program (hereinafter referred to as FTIP), it is recommended to set the size of such NMTsK in accordance with the volume of capital investments for the implementation of the investment project provided for by the relevant by a regulatory legal act of the Government of the Russian Federation, or by a decision of the chief manager of budgetary funds.

6.4. If, based on the results of checking the reliability of determining the estimated cost of capital construction facilities, the estimated cost of the facility by years of implementation of the investment project, calculated in the prices of the corresponding years using deflator indices by type of economic activity determined by the Ministry of Economic Development of the Russian Federation as part of the development of a socio-economic forecast development of the Russian Federation does not exceed the amount of capital investments established in the acts or decisions specified in clause 6.3 of these Recommendations, then the NMCC for the construction and (or) reconstruction of capital construction facilities using federal budget funds within the framework of FTIP is formed based on the specified estimated cost.

VII. Determination of NMCC by the cost method

7.1. The cost method is used if it is impossible to use other methods provided for in Part 1 of Article 22 of Federal Law No. 44-FZ, or in addition to other methods.

VIII. Calculation of the cost of the life cycle of a product, object,

created as a result of work

8.3. The calculation of the cost of the life cycle of a product or an object created as a result of the work is recommended to be carried out using the methods of determining and justifying the NMCC.

on the application of methods for determining

initial (maximum) price

contract, contract price,

concluded with a single

supplier (contractor,

performer) approved

dated 02.10.2013 N 567

The recommended form of substantiation of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) _________________________________________________________________________________ (the subject of the contract is indicated) __" ______________ 20__ Full name artist/contact phone

on the application of methods for determining

initial (maximum) price

contract, contract price,

concluded with a single

supplier (contractor,

performer) approved

by order of the Ministry of Economic Development of Russia

TO SEARCH FOR PUBLIC PRICE INFORMATION CONTAINED

IN THE REGISTER OF CONTRACTS SIGNED BY CUSTOMERS

For this you need:

1. Log in to the official website.

2. Log in to the "Register of contracts" section.

4. On the advanced search page, in the "General information about the contract" block, you need to change the status of the contract, namely, go to the "Execution completed" tab. To do this, select this tab on the "Register of contracts" page. The "Execution completed" tab displays registry entries for which "Information on the execution of the contract" is published for all stages of contract payment. A change in the status of the contract is necessary in order to meet the requirements of paragraph 1 of part 18 of Article 22 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Collected Legislation of the Russian Federation , 2013, N 14, item 1652; N 27, item 3480), according to which, for the purposes of determining the NMCC, it is necessary to use the price information contained in contracts that are executed and for which no penalties (fines, penalties) were collected in connection with with non-fulfillment or improper fulfillment of the obligations stipulated by these contracts.

Small business entity;

Institutions of the penitentiary system;

All-Russian public organizations of the disabled;

Other criteria that are important to the customer and that can affect the price of the contract.

With regard to the criterion "name of goods, works, services", you can specify a part of the name or the full name of the goods, work, service (for example, stationery, furniture, milk, etc.).

The search results will display contracts that simultaneously satisfy all the specified search criteria.

Conditions on the subject of the contract (quantity and name of goods, works, services);

In order to ensure competitive conditions, it is recommended, when choosing a product, work, service in accordance with this paragraph, to give preference to goods, work, services that best meet the needs of the customer, have improved technical and quality characteristics and properties. The remaining identified goods, works, services must be divided into two categories - identical goods, works, services and homogeneous goods, works, services;

The date of delivery of goods, performance of work, provision of services (the date of delivery of goods, performance of work, provision of services under the contract selected in the Register of Contracts that is closest to the procurement procedure of the customer, authorized body, authorized institution will allow you to most accurately determine the current prices for goods, works, services);

Terms and procedure for the delivery of goods, performance of work, provision of services (delivery of the entire volume at once or in batches, to one address or to several addresses, etc.);

The procedure and terms of payment (including the availability and amount of the advance payment);

Availability of security for the performance of the contract and other terms of the contract, which, in the opinion of the customer, the authorized body, the authorized institution, are significant and capable of influencing the price of the contract.

on the application of methods for determining

initial (maximum) price

contract, contract price,

concluded with a single

supplier (contractor,

performer) approved

by order of the Ministry of Economic Development of Russia

dated 02.10.2013 N 567

DEFINITIONS AND JUSTIFICATIONS OF THE INITIAL (MAXIMUM)

PRICES OF THE CONTRACT, PRICES OF THE CONTRACT CONCLUDED WITH THE SINGLE

SUPPLIER (CONTRACTOR, CONTRACTOR), METHOD

COMPARABLE MARKET PRICES (MARKET ANALYSIS) USING

PUBLICLY AVAILABLE PRICE INFORMATION CONTAINED IN THE REGISTER

CONTRACTS SIGNED BY CUSTOMERS

It is necessary to purchase split systems in the amount of 10 pieces.

The specified information is revealed during the preparation and formation of the customer's needs, as well as in the preparation of technical requirements, specifications and technical specifications for the supply of goods, performance of work, provision of services that are the subject of the contract, and preparation of procurement documentation.

Thus, if a split system is needed, the customer identifies the possible characteristics of the required equipment, for example:

Equipment dimensions;

Type (monoblock, multi-split system, split system);

Type of indoor unit (channel, cassette, column, mobile, floor-ceiling, wall, window);

The number of indoor units of the multisplit system;

Starting from 2014, state institutions carry out state (municipal) purchases of goods, works, services in accordance with the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law N 44-FZ). Pursuant to paragraph 20 of Art. 22 of this Law, the Ministry of Economic Development has developed Guidelines for the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) (hereinafter - the Guidelines).
Note that in order to determine and justify the initial (maximum) price of the contract (hereinafter referred to as the NMCC), concluded with a single supplier (contractor, performer), in accordance with paragraph 1 of Art. 22 of Federal Law N 44-FZ, the following methods are applied:
- method of comparable market prices (market analysis);
- normative method;
- tariff method;
- design and estimate method;
is a costly method.
According to the Methodological Recommendations, the determination of the NMCC by the indicated methods is carried out when forming a procurement schedule, preparing a notice of procurement, and procurement documentation. NMTsK is reflected in these documents.

Note! If within the framework of one purchase it is supposed to purchase technologically and functionally related goods, works, services, then the NMTsK can be calculated on the basis of information on the price of the entire procurement object (lot) or as the sum of the prices of all goods, works included in the procurement object (in one lot). , services, which are determined in accordance with the Guidelines.

In the commented document, when making a purchase, it is recommended to perform the following sequence of actions (clause 2.2 of the Guidelines):
1) determine the need for a specific product, work, service, due to the objectives of procurement in accordance with Art. 13 of the Federal Law N 44-FZ;
2) establish a list of requirements for goods, works, services, the purchase of which is planned, as well as requirements for the conditions for the supply of goods, performance of work, provision of services;
3) conduct market research by studying publicly available sources of information, including the use of which is provided for by the Methodological Recommendations, in order to identify goods, works, services available on the market that meet the established requirements;
4) form a description of the procurement object in accordance with the requirements of Art. 33 of the Federal Law N 44-FZ;
5) check the availability of normative legal acts of federal executive bodies adopted in relation to the types, groups of goods, works, services that are planned for purchase, which establish the procedures for determining the NMCC in accordance with paragraph 22 of Art. 22 of Federal Law N 44-FZ, acts of the Government of the Russian Federation establishing exhaustive lists of information sources that can be used for the purposes of determining the NMCC, legal acts on regulation in the field of procurement adopted in accordance with Art. 19 of the Federal Law N 44-FZ;
6) in accordance with the established Art. 22 of Federal Law N 44-FZ with the requirements to determine the applicable method for determining the NMCC or several such methods;
7) carry out the determination of the NMCC by the appropriate method, taking into account the Methodological Recommendations;
8) form a rationale for the NMCC, which consists in calculating this price with the application of reference information and documents or indicating the details of the documents on the basis of which the calculation was made. At the same time, the justification of the NMCC, which is to be posted in the public domain on the Internet, does not contain the names of suppliers (contractors, performers) who provided the relevant information. It is advisable to store the originals of the documents used in the determination, justification of the NMCC, screenshots (screenshots) containing images of the relevant pages of the sites indicating the date and time of their formation with other procurement documents to be stored in accordance with the requirements of Federal Law N 44-FZ. The recommended form of substantiation of the NMCC is given in Appendix 1 to the Guidelines.

For your information. The Methodological Recommendations do not apply to the areas of activity defined by the Government of the Russian Federation, in which the federal executive authorities establish the procedures for determining the NMCC (clause 22, article 22 of the Federal Law N 44-FZ).
In the case of procurement of goods, works, services related to types, groups of goods, works, services to meet state and municipal needs, in respect of which, in accordance with paragraph 19 of Art. 22 of Federal Law N 44-FZ establishes an exhaustive list of information sources that can be used to determine the NMCC, the determination of the NMCC is carried out on the basis of data obtained from information sources included in such a list.
It should also be noted that when purchasing goods, works, services included in the state defense order, the Methodological Recommendations are applied taking into account the specifics of the definition of the NMTsK, provided for in accordance with the Federal Law of December 29, 2012 N 275-FZ "On the state defense order".

1.1. These Methodological Recommendations (hereinafter referred to as the Recommendations) have been developed to assist customers, authorized bodies, authorized institutions in determining and justifying the initial (maximum) contract price in procurement using competitive methods for determining suppliers (contractors, performers), the price of a contract concluded with the sole supplier (contractor, performer), to meet state or municipal needs in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" ( Collection of Legislation of the Russian Federation, 2013, N 14, article 1652; N 27, article 3480) (hereinafter, respectively - procurement, Federal Law N 44-FZ).

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What should be guided by a customer making a purchase under Law No. 44-FZ by requesting quotations when determining the initial (maximum) contract price (IMCC)?

The customer purchases by requesting quotations in accordance with Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

The customer received three commercial offers, in the notice of the request for quotations, he indicated the NMCC, determined by the lowest of those indicated in commercial offers price.

Procurement participants do not agree with this definition of the NMTsK and believe that the NMTsK was subject to calculation according to the formula in accordance with the Methodological recommendations for the application of methods for determining the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer), approved on 02.10. 2013 No. 567.

Is the customer obliged, when calculating the NMCC, to adjust prices in accordance with the order of the Ministry of Economic Development of the Russian Federation dated 02.10.2013 No. 567 “On approval of the Methodological recommendations for the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer )”, or does the customer have the right to take the minimum value of the three commercial offers received as the basis for the NMCC?

By this issue we adhere to the following position: when conducting a request for quotations, the NMCC can be established based on the lowest price offer.

Justification of the position

In accordance with clauses 3.20, 3.21 of the Methodological Recommendations, when calculating the IMCP using the method of comparable market prices (market analysis), the IMCP is determined taking into account all prices of goods, works, services contained in the pricing information sources used by the customer. At the same time, we recall that by virtue of Part 6 of Art. 22 of the Federal Law of 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the method of comparable market prices (market analysis) is a priority in determining and justifying the NMCC.

At the same time, it should be taken into account that the legislation on the contract system in the field of procurement provides for the obligatory use by the customer of the methods for determining the IMCP, listed in Part 1 of Art. 22 of Law No. 44-FZ. The provisions of Art. 22 of the named law (parts 2 - 6, 13 - 18) establish a number general requirements to the procedure for determining the NMCC. As for the Guidelines, they only explain the possible ways to determine and justify the IMCC using these methods (clause 1.2 of the Guidelines). Most of the provisions of the Guidelines are advisory in nature, in other words, they are not mandatory when determining contract prices. Specialists of the Ministry of Economic Development of Russia also pay attention to this (letters No. D28i-443 of 08.04.2014, No. D28i-254 of 03.03.2014). Only in a number of cases, the rules of the Methodological Recommendations are mandatory for use by customers, for example, when determining the identity and homogeneity of goods, works, services to meet state and municipal needs, comparability of commercial and (or) financial conditions for the supply of goods, performance of work, provision of services (part 2 of Art. 17 article 22 of Law No. 44-FZ).

It follows neither from Law No. 44-FZ nor from the Methodological Recommendations that the NMTsK of the contract indicated in the notice of the request for quotations should in all cases be equal to the NMTsK, which is determined by the formula contained in clause 3.21 of the Methodological Recommendations.

According to Part 1 of Art. 72 of Law No. 44-FZ, when determining a supplier (contractor, performer) by conducting a request for quotations, the winner of the request for quotations is recognized as the procurement participant who offered the most low price contract. Therefore, when determining the supplier (contractor, performer) by conducting a request for quotations the best condition performance of the contract, as the criterion by which the counterparty is selected, is the lowest price at which the procurement object will be purchased (of course, subject to the requirements for the quality of goods, work or services). If, while maintaining the quality characteristics of a product, work or service, the NMCC contract is set at an amount lower (or, in any case, not higher) than the price that will be calculated using the comparable market prices method, such an approach, from our point of view, is quite consistent with the principles of responsibility for the effectiveness of meeting state and municipal needs, the efficiency of procurement, on which the contract system in the field of procurement is based (Articles 6, 12 of Law No. 44-FZ), since it is objectively aimed at achieving the goals of procurement (Article 13 of Law No. 44-FZ) at the lowest cost for customers.

In view of the foregoing, in our opinion, in the case under consideration, in order to justify the price of the contract, the customer is obliged to calculate the NMTsK using the method of comparable market prices (in the absence of grounds for using other methods), however, for the purposes of conducting a request for quotations, the NMTsK can also be established based on the choice the lowest price of goods, work or services from the available price offers, provided that such the lowest price will be brought into line with the terms of the planned purchase (part 4 of article 22 of Law No. 44-FZ, clause 3.17 of the Methodological recommendations), if such an not higher than the size of the NMTsK, which will be calculated according to the rules of Art. 22 of Law No. 44-FZ and Methodological recommendations.

Alexey Alexandrov and Lilia Barkova, experts of legal consulting service GARANT

www.moscowtorgi.ru

Commentary to the Order of the Ministry of Economic Development of Russia dated 02.10.2013 N 567 "On approval of the Guidelines for the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer)" (Grishakova O.)

Article placement date: 08/02/2015

Since 2014, state-owned institutions have been carrying out state (municipal) procurement of goods, works, services in accordance with the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - Federal Law N 44-FZ). Pursuant to paragraph 20 of Art. 22 of this Law, the Ministry of Economic Development has developed Guidelines for the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) (hereinafter - the Guidelines).
Note that in order to determine and justify the initial (maximum) price of the contract (hereinafter referred to as the NMCC), concluded with a single supplier (contractor, performer), in accordance with paragraph 1 of Art. 22 of Federal Law N 44-FZ, the following methods are applied:
— method of comparable market prices (market analysis);
— normative method;
— tariff method;
- design estimate method;
is a costly method.
According to the Methodological Recommendations, the determination of the NMCC by the indicated methods is carried out when forming a procurement schedule, preparing a notice of procurement, and procurement documentation. NMTsK is reflected in these documents.

For your information. The Methodological Recommendations do not apply to the areas of activity defined by the Government of the Russian Federation, in which the federal executive authorities establish the procedures for determining the NMCC (clause 22, article 22 of the Federal Law N 44-FZ).
In the case of procurement of goods, works, services related to types, groups of goods, works, services to meet state and municipal needs, in respect of which, in accordance with paragraph 19 of Art. 22 of Federal Law N 44-FZ establishes an exhaustive list of information sources that can be used to determine the NMCC, the determination of the NMCC is carried out on the basis of data obtained from information sources included in such a list.
It should also be noted that when purchasing goods, works, services included in the state defense order, the Methodological Recommendations are applied taking into account the specifics of the definition of the NMCC, provided for in accordance with the Federal Law of December 29, 2012 N 275-FZ "On the state defense order".

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Order of the Ministry of Economic Development 567 dated 02102013

VI. Definition of NMTsK by design and estimate method

2.2.5.3. legal acts on regulation in the field of procurement, adopted in accordance with Article 19 of Federal Law No. 44-FZ;

Order of the Ministry of Economic Development of Russia dated N 567 On the approval of Methodological recommendations on the application of methods for determining the initial (maximum) price of a contract, the price of a contract concluded with a sole

2.2.4. form a description of the procurement object in accordance with the requirements of Article 33 of the Federal Law N 44-FZ;

CPI t - consumer price index for the month as a percentage of the previous month, corresponding to the month in the range from t f to t inclusive, established by the Federal State Statistics Service (official website on the Internet www.gks.ru).

n is the number of values used in the calculation.

1.6. When purchasing goods, works, services included in the state defense order, these Recommendations are applied taking into account the specifics of the definition of the NMCC, provided for in accordance with the Federal Law of December 29, 2012 No. Federation, 2012, N 53, item 7600).

"On Approval of the Procedure for Coordinating the Use of Closed Methods for Determining Suppliers (Contractors, Performers) and the Procedure for Coordinating the Conclusion of a Contract with a Single Supplier (Contractor, Performer)"

“On Amendments to the Features of Placement in a Unified Information System or prior to the commissioning of the said system on the official website of the Russian Federation in the information and telecommunications network “Internet” for placing information on placing orders for the supply of goods, performance of work, provision of services of placement schedules orders for 2015 - 2016, approved by the joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated March 31, 2015 No. 182/7n"

"On Approval of the Procedure for Forming the Procurement Identification Code"

"On Amendments to the Order of the Ministry of Economic Development of Russia dated March 25, 2014 No. 155 "On the conditions for the admission of goods originating from foreign countries for the purposes of procurement of goods, works, services to meet state and municipal needs"

Orders of the Ministry of Economic Development of Russia on the contract system in the field of procurement

Lost strength. Reason: Order of the Ministry of Economic Development of Russia dated March 31, 2015 No. 189

Has expired. Reason: Order of the Ministry of Economic Development of Russia No. 182 of March 31, 2015, Order of the Treasury of Russia No. 7n of March 31, 2015

“On the official website of the Ministry of Economic Development of the Russian Federation on the Internet” (together with the “Regulations on the official website of the Ministry of Economic Development of the Russian Federation on the Internet”, “Regulations on the content of the official website of the Ministry of Economic Development of the Russian Federation on the Internet”)

"On the peculiarities of placing in a unified information system or prior to the commissioning of this system on the official website of the Russian Federation in the information and telecommunications network" Internet "for posting information on placing orders for the supply of goods, performance of work, provision of services of schedules for placing orders for 2015 - 2016"

"On approval of plans for the implementation of the action plan for the implementation of the contract system in the field of procurement of goods, works, services to meet state and municipal needs for 2014" (together with the "Action plan for the implementation of the contract system in the field of procurement of goods, works, services to ensure state and municipal needs for 2014, for which the Ministry of Economic Development of Russia is the main executor in accordance with the order of the Government of the Russian Federation dated February 22, 2014 No. DM-P13-1266, "Action plan for the implementation of the contract system in the field of procurement of goods, works, services to meet state and municipal needs for 2014, for which the Ministry of Economic Development of Russia is a co-executor in accordance with the order of the Government of the Russian Federation dated February 22, 2014 No. DM-P13-1266")

"On approval of the procedure for placing on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and the form of schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers"

1. Approve the attached Methodological recommendations on the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer).

1.7. In cases of procurement of goods, works, services related to types, groups of goods, works, services to meet state and municipal needs, in respect of which, in accordance with the provisions of Part 19 of Article 22 of Federal Law N 44-FZ, an exhaustive list of information sources is established, which can be used for the purposes of determining the IMCC, the determination of the IMCC is carried out on the basis of data obtained from the sources of information included in such a list.

Ministry of Economic Development of the Russian Federation

1.1. These Guidelines (hereinafter referred to as the Recommendations) have been developed to assist customers, authorized bodies, authorized institutions in determining and justifying the initial (maximum) contract price in the course of procurement using competitive methods for determining suppliers (contractors, performers), the price of a contract concluded with the sole supplier (contractor, performer), to meet state or municipal needs in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" ( Collection of Legislation of the Russian Federation, 2013, N 14, article 1652; N 27, article 3480) (hereinafter respectively - procurement, Federal Law N 44-FZ).

3.7.1. send requests for the provision of price information to at least five suppliers (contractors, performers) with experience in the supply of relevant goods, works, services, information about which is freely available (in particular, published in print, posted on sites on the Internet) ;

* - the marginal price of a unit of goods, work, services, established within the framework of rationing in the field of procurement.

Order of the Ministry of Economic Development of the Russian Federation dated October 2, 2013

3.22. If the price of goods, work, services received in response to requests for price information provided for in clauses 3.7.1 and 3.7.2 of these Recommendations is used in the calculation of the price, the conditions are not adjusted, except for cases when price information received less than six months before the period for determining the NMCC. In these cases, the adjustment is carried out using the coefficient *, calculated in the manner prescribed by clause 3.18 of these Recommendations. An example of determining and substantiating the NMCC by the method of comparable market prices (market analysis) using publicly available price information contained in the register of contracts concluded by customers is given in Appendix No. 3 to these Recommendations.

methods for determining the initial (maximum) price

567 order of the Ministry of Economic Development definition of NMC

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

ORDER

ON THE APPLICATION OF METHODS FOR DETERMINING THE INITIAL (MAXIMUM)

PRICES OF THE CONTRACT, PRICES OF THE CONTRACT CONCLUDED WITH THE SINGLE

SUPPLIER (CONTRACTOR, CONTRACTOR)

In accordance with part 20 of Article 22 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (Collected Legislation of the Russian Federation, 2013, No. 14, Art. 1652; No. 27, item 3480) I order:

Approve the attached Guidelines on the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer).
This order comes into force on January 1, 2014.

by order of the Ministry of Economic Development of Russia

ON THE APPLICATION OF METHODS FOR DETERMINING THE INITIAL (MAXIMUM)

PRICES OF THE CONTRACT, PRICES OF THE CONTRACT CONCLUDED WITH THE SINGLE

SUPPLIER (CONTRACTOR, CONTRACTOR)

1.1. These Methodological Recommendations (hereinafter referred to as the Recommendations) have been developed to assist customers, authorized bodies, authorized institutions in determining and justifying the initial (maximum) contract price in procurement using competitive methods for determining suppliers (contractors, performers), the price of a contract concluded with the sole supplier (contractor, performer), to meet state or municipal needs in accordance with the provisions of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" ( Collection of Legislation of the Russian Federation, 2013, No. 14, Article 1652; No. 27, Article 3480) (hereinafter, respectively - procurement, Federal Law No. 44-FZ).

1.6. When purchasing goods, works, services included in the state defense order, these Recommendations are applied taking into account the specifics of the definition of the NMTsK, provided for in accordance with the Federal Law of December 29, 2012 No. Federation, 2012, No. 53, item 7600).

2.1. The justification of the NMCC consists in the calculation of the specified price with the application of reference information and documents or indicating the details of the documents on the basis of which the calculation was made. At the same time, the justification of the NMCC, which is to be placed in the public domain on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet"), does not indicate the names of suppliers (contractors, performers) that provided the relevant information. The originals of the documents used in the determination, justification of the NMCC, screen shots ("screenshot") containing images of the relevant pages of the sites indicating the date and time of their formation, it is advisable to store with other procurement documents to be stored in accordance with the requirements of Federal Law No. 44-FZ .