Within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs” (hereinafter – 44-FZ), several methods for determining the starting price of a contract are provided.
Among them, special attention is paid to the method of analyzing comparable market prices, which is given priority in establishing and justifying the initial price of a transaction, especially when concluding it with a single supplier. According to paragraph 5 of Article 22 of 44-FZ, in order to apply this method, the customer has the right to use information on the cost of goods, works, services (GWS) obtained upon request from suppliers of identical or similar GWS.
The first are considered:
Products with identical job seekers data package functional, technical, quality and operational characteristics, taking into account the country of origin and manufacturer. Minor external differences can be neglected.
Works and services, if they have identical characteristics and are performed using similar methods, technologies and approaches by contractors with similar qualifications.
Commercial proposals within the framework of public procurement
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Homogeneous are:
Products with similar characteristics and similar components, which ensures their interchangeability.
Works and services that are not identical but have similar characteristics and are capable of being interchanged from a commercial or functional point of view.
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It is necessary to pay attention to the wording of Part 5 of Article 22 of 44-FZ, which emphasizes that the supplier of identical TRU must have experience corresponding to the subject of the procurement. For example, a company specializing exclusively in the supply of food products cannot provide a commercial offer for the technical maintenance of cars.
In addition to Article 22 of 44-FZ, it should be noted that Order of the Ministry of Economic Development of the Russian Federation No. 567 of October 2, 2013, approved the “Methodological recommendations for the application of methods for determining the initial (maximum) contract price and the price of a contract concluded with a single supplier, contractor or performer”. Despite its explanatory nature, the document has significant legal significance, and its 3rd section is devoted to determining the starting price of a contract using the method of comparable market prices.