Calculation of NMCC in purchases with unknown volume: explanations of the Ministry of Finance
The Ministry of Finance has provided clarifications on the application of Resolution No. 1875 in calculating the initial maximum contract price (NMCC) in purchases where the volume is not determined in advance.
When purchasing goods included in items 1-145 of List No. 1 and items 1-433 of List No. 2 to Resolution No. 1875, customers must follow the special rules for the justification of the NMCC.
However, there are situations where special rules for determining the initial price do not apply, even in purchases with an unknown volume. The Customer is exempt from applying the special rules of the NMCC justification in the following cases::
- when the maximum value of the contract price is no more than 1 million rubles;
- if the initial unit price of the product, work or service does not exceed 5 thousand rubles.
It is important to remember that according to part 24 of Article 22 of Law No. 44-FZ, in purchases with an indefinite number of goods or scope of work/services, the customer is obliged to calculate and justify:
- the initial price per unit of a product, work or service;
- the initial sum of unit prices;
- the maximum value of the contract price;
- the unit price of a product, work, or service.
Experts in the field of public procurement recommend that customers carefully approach the choice of a price justification method, especially when it comes to goods listed in Resolution No. 1875, since improper application of the rules can lead to violations of the law on the contract system and, as a result, to administrative liability.