Question № 1

When submitting documents for assessment, disagreements arose concerning the methodologies for calculating wages for the purposes of determining the MSP. What is the correct procedure for calculating wages?

Answer:
When calculating wages for a certain type of activity, use the data published on the website of the Moscow City Statistics Service for the last month of the quarter preceding the date when the documents are submitted for assessment. – Information letter No. 20-3/1-109/15 of 01 October 2015 by the DEDP.

Question № 2

Is there a methodology for calculating MSPC (MSPA) for facilities related to construction, reconstruction, overhaul?

Answer:
Yes, there is. Calculation rules are set in DEPD Information Letter No. 20-3/1-87/15 of 07 August 2015.

Question № 3

What cost estimate regulations are to be applied when determining the cost of work (MSPC determination) in construction, reconstruction and overhaul of permanent facilities, in renovation and restoration where design documentation is not, in accordance with the City Planning Code of the Russian Federation, subject to state assessment or where the cost estimates are not subject to verification (letter No. DPR-20-3/1-87/15 of 07 August 2015 by the Moscow Department for Economic Policy and Development)?

Answer:
Cost estimates as set in Territorial Cost Estimates-2001 for Moscow.

Question № 4

What is the validity term for commercial proposals used by the applicant in calculating (MSPA)?

Answer:
The validity term for commercial proposals is set by the suppler of specific goods; the applicant, in turn, should take into account the fact that the validity term of commercial proposals must be set beyond the planned date for concluding the supply contract.

Question № 5

When calculating the (maximum) starting price of a contract by analysing prices on the register of contracts concluded pursuant to procurement results, the client takes into account the price of a contract whose validity is 240 days from the date of conclusion. When the application was submitted, the contract was under execution. Is the client right in insisting on the legitimacy of using said contract for calculations?

Answer:
The client is wrong. The agreement used for calculating the (maximum) starting price of a contract is in violation of the requirements set in paragraph 1.10 of Decision of the Moscow City Government No. 242-RP of 16 May 2014.

Question № 1

The Work Specification (WC), which is part of the documentation submitted to an assessment agency for an MSP assessment, indicated technical specifications for the principal types of procured goods. At the same time, when the documents were submitted, employees of the assessment agency demanded that the WC be revised and technical specifications be indicated for all procured goods, including those of insignificant cost. Are the actions of the assessment agency employees legitimate?

Answer:
The actions of the assessment agency employees are legitimate. The Work Specification must indicate technical characteristics of all types of procured goods/works/services, regardless of their cost.

Question № 2

Is it permissible to list the commercial name when describing procured items in the Work Specification?

Answer:
Listing a brand name (commercial name) without alternatives and equivalents is not permissible. – Article 33 of FZ-44.

Question № 3

What publication on cost standards is to be used to determine the cost of work when calculating the MSPC cost for maintenance and operation of buildings and facilities related to city services, for maintaining cultural property monuments, for festive and thematic dressing (letter No. DPR-20-3/1-87/15 of 07 August 2015 by the Moscow Department for Economic Policy and Development)?

Answer:
Publication on cost standards for maintenance and operation of buildings and facilities related to city services, for maintaining cultural property monuments, for festive and thematic dressing, for overhauling residential buildings of the city of Moscow (CS-2012).

Question № 4

What goods, works, services are recognised as identical?

Answer:
Goods, works, services are recognised as identical if they have identical principal characteristics. When determining whether goods are identical, slight changes in their appearance may be disregarded. When determining whether works, services are identical, the characteristics of the contractor and provider and their business reputation on the market are taken into account (paragraph 14, article 22 of Federal Law No. 44-FZ of 05 April 2013.

Question № 5

Should the validity term of commercial proposals be indicated when collecting information on current prices?

Answer:
The validity term of a commercial proposal must be indicated in accordance with the requirements set in paragraph 2.2.5 of Addendum to Decision of the Moscow City Government No. 242-RP of 16 May 2014.

Question № 1

If an assessment agency requests documents not stipulated in regulatory legal acts and, at the same time, the application for assessment has been accepted by said agency, does said assessment agency have the right to suspend processing the application (and, if yes, then for how long?) or annul the application?

Answer:
Pursuant to the verification Procedure, if an incomplete set of documents has been submitted or there are irregularities (information, calculations, drawings, etc. missing or incomplete), preventing a decision from being made on the verification of MSP determination, the assessment agency has the right to request that the Applicant provide the missing documents, calculations (including those not stipulated in the regulatory legal acts covering relations arising in connection with providing the service and with justification of the need to provide such documents and calculations).
In such a case, the assessment procedure is suspended for up to ten days and is calculated from the day the missing documents are submitted and the irregularities rectified. If the Applicant has not submitted the requested documents within ten days, the application is annulled (rejected as applied to FZ-223); the Applicant and the Moscow Department for Economic Policy and Development receive an appropriate notification.

Question № 2

What should a client do to have a second assessment performed and what should be included in the second application in accordance with decision of the Moscow City Government No. 242-PP of 16 May 2014?

Answer:
The client sends a written application to the assessment agency to recall the previously received assessment. A second application must contain the reasons for amending the Work Specification, confirmed by documentary evidence (a new Work Specification and other evidentiary documents).

Question № 3

What document gives an expert grounds to request that the applicant submit a letter justifying procurement of foreign-made goods?

Answer:
Protocol No. 77-30-10/5 of 19 March 2015 (order No. 4-15-111/5 of 02 February 2015 by Sergei Sobyanin, Mayor of Moscow).

Question № 1

Would it be possible to include practical examples in teaching materials, taking into account the specifics of a particular student group, and could real recent procurements be considered instead of abstract cases?

Answer:
Thank you. Teaching materials will shortly be amended to incorporate your suggestions.

Question № 2

What principal documents formed the groundwork for the seminars on pricing?

Answer:
Federal Law No. 44-FZ of 05 April 2013; Order of the Ministry of Trade and Development of the Russian Federation No. 567-PR of 27 February 2012; decision of the Moscow City Government No. 242-PP of 16 May 2014.