Whether the contract manager is an official of the customer. Contract manager or contract service - how to make a choice? Contract manager: functions and powers

Can an official of the organization be appointed by the order of the head of the contract manager? Is it possible to hire a contract manager under a contract? Is it possible to transfer the powers of a contract manager to another organization (a subordinate institution of the administration, for example, a centralized accounting department)?

Answer

Yes maybe. Allocate a separate position of a contract manager in staffing not necessary. The exercise of the powers of a contract manager under a work contract is not provided for, and it is possible to transfer the powers of a contract manager to an employee of another organization if he works part-time in both organizations. You can familiarize yourself with the procedure for appointing a contract manager in the justification.

The rationale for this position is given below in the materials of "Systems Lawyer"

How to appoint a contract manager

“When a customer appoints a contract manager, what such an employee does and what education he should have, how to hire him and what administrative responsibility he faces, we will tell in the recommendation.

When do you need a contract manager?

If the total annual volume of purchases does not exceed 100 million rubles, you have a choice: create a contract service or appoint a contract manager (). At the same time, it is not necessary to allocate a separate position of a contract manager in the staff list. This is mentioned in. An employee of an institution who has a special education can perform the functions of a contract manager. It does not matter what position such employee holds. The main thing is to reflect the functions of the contract manager in job description such a specialist.

In addition, you may appoint a contract manager for a single purchase. To do this, issue an order. But it is impossible to appoint a contract manager and create a contract service at the same time. This is not provided for by law.

Situation: can the head of the institution appoint several contract managers and assign certain functions to each of them

Yes, the customer has the right to appoint several responsible persons for certain purchases (paragraph 2 of the appendix to).

Clearly distinguish between purchases between such contract managers. If you want to distribute functions between several employees, for example, appoint one responsible for planning, and the other for preparing notices, procurement documentation, draft contracts, then create a contract service. After all, the contract manager is responsible for the purchase from start to finish. This is in contrast to a contract employee, who can be assigned only part of the procurement responsibilities, such as planning.

Situation: can one employee be a contract manager both in the administration and in the municipal state institution created by it

Yes, but only if the employee is simultaneously on the staff of two organizations - the administration and the municipal government institution.

If an employee is only on the staff of the administration, then he does not report to the head of the municipal government institution. It is impossible to appoint such an employee to the position of contract manager of a municipal institution. This conclusion follows from The norm indicates that the customer appoints an official as a contract manager. We are talking about an employee who is on the staff of the institution.*

Situation: you can appoint the contract manager of the head of the institution

Yes, the head of the customer can be a contract manager. does not prohibit it.

Situation: is it possible for a specialist who is engaged in procurement to be assigned the position of "economist with the duties of a contract manager"

1. Prepares and hosts in a single information system(hereinafter - EIS) the procurement plan and the procurement schedule, makes changes to them.
2. Prepares and places in the EIS notices of procurement, procurement documentation and draft contracts.
3. Prepares invitations to participate in closed procurements, sends invitations to potential participants.
4. Conducts purchases and concludes contracts.
5. Participates in the consideration of cases on appealing the results of procurement, prepares materials for claims and lawsuits.
6. When planning procurement, organizes consultations with suppliers and participates in such consultations. Determines the state of the competitive environment in the markets.

The legislator left this list open. Therefore, you have the right to define additional functions and powers for the contract manager.

Advice: Expand the functionality of the contract manager with additional responsibilities that are directly related to its core business.

In addition, the contract manager must prepare and place in the EIS a report on the execution of the contract and on the results of a separate stage of its execution. This is stated in, paragraph 4 of the Regulation, approved.

What education should a contract manager have?

The contract manager must have higher education or additional professional education in the field of procurement (). At the same time, until 2017, such specialists have enough education that they received according to A Crimean specialists have the right to hold the position of a contract manager with an education received under Ukrainian public procurement legislation, but also only until 2017. This conclusion follows from and is explained in .

A contract manager confirms higher education in the field of procurement with a diploma, and additional professional education - with a certificate of advanced training or a diploma of professional retraining.

Attention: a certificate of study is not a document of education or qualification.

Advice: Accelerate the training of contract managers in accordance with Russian legislation ().

Situation: whether employees other than the contract manager should receive professional education in procurement

Yes, they should. It is those employees whose job responsibilities include procurement functions. These are primarily members of the procurement committee. So say experts from the Ministry of Economic Development of Russia and the Ministry of Education and Science of Russia (). Officials also advise organizing advanced training for members of the commission in a timely and efficient manner ().

What documents need to prescribe the duties of a contract manager

Record the obligations of the contract manager in employment contract and job description.

Include all essential conditions that are provided for in the employment contract. If you are transferring a full-time employee to the position of a contract manager, draw up an additional agreement to the employment contract of such a specialist. In the employment contract or in the supplementary agreement, fix a link to the employee's job description.

Write in the job description functional responsibilities contract manager. When developing a job description, rely on General requirements to such documents. Use the contract manager authority details listed in . Refine or expand as needed. This is due to the fact that there are currently no special regulatory requirements for local acts that regulate the duties of a contract manager. At the same time, the wording of the list, which is presented in Law No. 44-FZ, allows for its broad interpretation.

Some rules still have to be rewritten from the literal. For example, formulate the clause on education in the employment contract and job description as follows (): "higher education or additional professional education in the field of procurement."

Attention: make changes to the job description only with the written consent of the employee.

Also reflect in the job description that the customer indicates information about the contract manager:

Tip: Use the draft standard provision (regulation) on contract service as a guideline when you are preparing a job description. This document was prepared by the Ministry of Economic Development of Russia ().

Customers assign identical functions and powers to the contract manager and contract service (). But even with this in mind, do not copy the norms of the named project into the job description of the contract manager. Just take them as a basis. While the project leaves a wide scope for improvement.

The System contains examples of job regulations for contract managers of state and municipal customers, as well as an example of a job description for a contract manager of a budgetary institution.

The job description is approved by the head of the institution. To do this, he issues an order. Familiarize the contract manager with the order against signature.

Situation: is it possible to include the contract manager of the customer in the procurement commission of the authorized body

It is possible, if such a possibility was provided for in the decision on the establishment of the authorized body or the decision on the empowerment of the authorized body.

If you include the contract manager in the procurement commission of the authorized body, this will increase the risk of the employee's interest in the results of the procurement. Accordingly, the likelihood that the procurement participant will appeal the protocol of such a commission will increase. And the decision that the commission made in violation of the requirements of Law No. 44-FZ, including, can be appealed by each procurement participant. This is mentioned in.

What are the administrative responsibilities of a contract manager?

The contract manager bears administrative responsibility, which is provided for. Types of administrative offenses in the field of procurement and fines are presented in the table.

If, during the inspection of the customer, the control body finds signs of an administrative offense in the actions of the contract manager, it may hold him accountable. At the same time, the work of the customer at the federal level is controlled by the Federal Antimonopoly Service of Russia, at the regional and local levels - by its territorial departments. These bodies check the actions of customers in the field of procurement, including within the framework of the state defense order, and procurement, information about which constitutes a state secret. This is stated in,.

The Antimonopoly Service examines the materials of the case of an administrative offense and may recognize the violation as insignificant. Then the official of the FAS Russia will release the contract manager from administrative responsibility (). If the supervisory authority nevertheless imposed an administrative fine on the employee, the contract manager has the right to appeal against it. The court can also release the specialist from liability and confine himself to a verbal remark if the violation is insignificant.

An example of an appeal against an administrative fine in court

The contract manager sent information about the unscrupulous supplier to the FAS Russia 14 days later than the deadline. The control body imposed an administrative fine of 20,000 rubles on her.

The contract manager went to court and won the case. The judge explained that such a violation did not cause any harm or serious consequences. Formally, the actions of the employee contain signs of an administrative offense. But it is not significant (decision of the Gorodishchensky District Court of the Volgograd Region dated March 23, 2016 in case No. 12-91/2016).”

Professional help system for lawyers, where you will find the answer to any, even the most complex question.

FZ-44 is Federal Law No. 44 of April 5, 2013. Regulates state procurements. This is a separate area of ​​procurement, subject to a number of rules. The event is carried out under the direct control of the manager.

Who is a contract manager

For public procurement on the basis of Federal Law No. 44, it is necessary to appoint a special service or manager. The contract manager is an official who is responsible for the procurement, implementation of the contract provisions. He performs the entire list of duties, single-handedly works from the beginning of the purchase to its completion.

The contract service is a group of officials involved in public procurement. Each service representative has a specific responsibility. Obviously, the contract manager has more responsibility than an individual service representative.

Responsibilities

The list of obligations of the contract manager is contained in paragraph 4 of Article 38 of Federal Law No. 44. Let's take a closer look at this list:

• Formation of a procurement plan, making adjustments to this plan.
• Integration of the plan into a single system.
• Formation of a schedule, making adjustments to it.
• Placement in a single system of information about the purchases made.
• Preparation of documents related to public procurement.
• Conducting public procurement, registration of contracts.
• Participation in cases on appealing the results of the choice of suppliers.
• Preparation of documents for sending claims or claims.
• Planning for consultations with suppliers.
• Other powers contained in Federal Law No. 44.

A complete list of the functions of the manager is given in the second section of the model regulation established by the order of the Ministry of Economic Development No. 631 dated October 29, 2013.

Tasks

The contract manager is obliged to conduct public procurement from the beginning of the event to its completion. In particular, he is engaged in planning, resolving conflicts with suppliers, documentation. The main task of a specialist is to conclude contracts that will be beneficial to the customer. That is, the manager must draw up contracts with the most favorable conditions. The purpose of the activity of the contract manager is to save budget money in the framework of procurement.

Responsibility

Part 5 of Article 38 of Federal Law No. 44 states that the manager is liable within the framework of his legal powers. The duties of a specialist and his responsibility for their non-fulfillment are stipulated in the job description. The contract manager is also liable on the basis of the Labor Code of the Russian Federation. In particular, its work is regulated by Article 232 of the Labor Code of the Russian Federation.

If the manager commits a crime as part of the execution of the state order, he will bear administrative and criminal liability. There are violations under these articles:

• Articles 7.29-7.32 of the Administrative Code of the Russian Federation.
• Part 7.1, article 19.5 of the Code of Administrative Offenses of the Russian Federation.
• Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation.

IMPORTANT! For all these offenses, administrative liability is imposed. For the purpose of this article, the manager will be official. That is, he bears increased responsibility.

Consider some of the fines stipulated in the Code of Administrative Offenses of the Russian Federation:

• Article 7.29.1 of the Code of Administrative Offenses of the Russian Federation. Failure to comply with the procedure for establishing the initial cost of a state contract for a defense order. A fine of 30,000-50,000 rubles is imposed.
• Article 7.29.2 of the Code of Administrative Offenses of the Russian Federation. Evasion of the conclusion of a state contract for a defense order. A fine of 30,000-50,000 rubles is imposed.
• Article 7.30, paragraph 2.1 of the Code of Administrative Offenses of the Russian Federation. Violation of the requirements for the content of the protocol drawn up when determining the supplier. The fine will be 10,000 rubles.
• Article 7.30, paragraph 4.2 of the Code of Administrative Offenses of the Russian Federation. Approval of tender documentation in violation of the provisions of Federal Law No. 44. The fine will be 3,000 rubles.

Liability may be imposed in the presence of these circumstances:

• Failure to follow the instructions of your supervisor.
• Failure to perform the functions and tasks defined by the job description.
• Abuse of one's official powers.
• Providing false information on the status of the tasks assigned to the contractor.
• Ignoring safety, fire regulations.
• Creation of a threat to the company's activities.
• Ignoring labor discipline.

The employee is responsible for violating laws, as well as the provisions of the job description.

Job Requirements

The contract manager is an official with an extended list of powers. That is why it is subject to increased requirements. In particular, paragraph 6 of article 38 of Federal Law No. 44 states that the contract manager must have either a VO or additional education in the field of public procurement.

Is it possible to invite a third-party contract manager?

Paragraph 2 of Article 38 of Federal Law No. 44 states that an employer can only appoint a contract manager. That is, the employee is appointed. The employer cannot hire a third-party specialist. The contract manager must be part of the staff of the company.

The employer has the following options:

1. Hiring a new employee to the company. At the same time, you need to draw up an employment agreement with him. An employee is accepted for a position or a contract manager, or a specialist of another profile.
2. Translation full-time employee as a contract manager. In this case, it is necessary to draw up an agreement on changing the provisions of the employment contract.
3. An employee of the company can combine his position with the position of a contract manager (the basis is Article 60.2 of the Labor Code of the Russian Federation). Article 151 of the Labor Code of the Russian Federation states that in this case the employee is charged an additional payment. In addition, the employee's job description is being adjusted.

That is, the only way to hire a third-party specialist is to hire a new employee to the staff of the organization.

Which of the options under consideration is better? Everything depends on the specific circumstances. If this is a large-scale order, an individual employee should be appointed to the position of contract manager. If the state order is small, then a company specialist can combine both positions. This is a more profitable option for the employer, since it will not be necessary to hire a new employee.

Usually the manager appoints a contract manager, not a contract service. The benefits of the first option are obvious. In this case, the employer can save a lot, since it will not be necessary to organize the activities of the entire service. However, this option is not always feasible. In particular, the service will have to be organized when the cost of the total annual volume of orders exceeds 100,000,000 rubles (the basis is paragraph 1 of Article 38 of Federal Law No. 44).

Documenting

The contract manager will work on the basis of two documents: an order and a job description. The form of the order is not specified in the law. The document can be drawn up in free form.

The instructions indicate all the duties of a specialist, the tasks that are assigned to him. The criteria for evaluating the activities of a specialist, the conditions for his work, as well as additional items are prescribed.

Additional nuances

Is it possible to appoint several contract managers within the same company? You can do it. The basis is paragraph 2 of the annex to the Letter of the Ministry of Economic Development No. D28i-1889 dated September 30, 2014. In this case, it is necessary to well delineate contracts between managers. Responsibility for one purchase will be borne by one manager, for the second - by another.

The contract manager may be the head of the organization. The reason is that there is no prohibition on this in Law No. 44. A person can combine the positions of a manager and a manager.

Job description
Contract manager

Job descriptions taking into account professional standards 2016-2017
contract manager job description template

1. General provisions
1.1. A person who has:
1) higher education (specialist, magistracy), additional professional education in advanced training programs or professional retraining programs in the field of procurement;
2) at least 4 years of work experience in the field of procurement.
1.2. The contract manager must know:
1) legal requirements Russian Federation and regulatory legal acts regulating activities in the field of procurement;
2) the basics of civil, budgetary, land, labor and administrative legislation in terms of application to procurement;
3) fundamentals of antimonopoly legislation;
4) economic bases of pricing;
5) the basics of accounting in terms of application to procurement;
6) fundamentals of statistics in terms of application to procurement;
7) features of pricing in the market (by directions);
8) features of the preparation of procurement documentation;
9) the procedure for establishing pricing factors and identifying qualitative characteristics that affect the cost of goods, works, services (by directions);
10) law enforcement practice in the field of logistics and procurement;
11) methodology for conducting:
- verification (examination) of the procurement procedure and documentation;
- examination of compliance of the results stipulated by the contract with the terms of the contract;
12) the procedure for drawing up a document in the form of a conclusion based on the results of an audit (examination) of the procurement procedure and documentation;
13) features of preparing documents for claim work;
14) ethics business communication and rules of negotiation;
15) labor discipline;
16) Internal labor regulations;
17) labor protection requirements and fire safety rules;
18) ……… (other documents, materials, etc.)
1.3. The contract manager must be able to:
1) use computing and other auxiliary equipment, means of communication and communication;
2) negotiate, analyze data on the progress of fulfillment of obligations;
3) organize and conduct procedures for attracting experts, expert organizations;
4) verify the compliance of facts and data when providing (presenting) the results provided for by the contract with the terms of the contract;
5) apply measures of responsibility and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;
6) involve third-party experts or expert organizations for examination (verification) of the compliance of the results provided for by the contract with the terms of the contract;
7) draw up and draw up documents based on the results of the audit;
8) ……… (other skills and abilities)
1.4. The contract manager in his activities is guided by:
1) Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law of 18.07.2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law of 02.12.1994 N 53-FZ "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs";
2) ……… (name of constituent document)
3) Regulations on ……… (name of the structural unit)
4) this job description;
5) ……… (names of local regulations governing labor functions by position)
1.5. The contract manager reports directly to ……… (title of the position of the head)
1.6. The contract manager manages ……… (name of the structural unit or area of ​​activity within which a group of subordinate employees is organized)
1.7. ……… (other general provisions)

2. Labor functions
2.1. Examination of the results of procurement, acceptance of the contract:
1) verification of compliance with the terms of the contract;
2) checking the quality of the presented goods, works, services.
2.2. Management of subordinate employees.
2.3. ……… (other functions)

3. Job Responsibilities
3.1. The contract manager has the following responsibilities:
3.1.1. As part of the labor function, verification of compliance with the terms of the contract:
1) receives information on the course of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;
2) checks the accuracy of the information received on the progress in fulfilling the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;
3) organizes the procedure for acceptance of individual stages of the execution of the contract and the creation of an acceptance committee;
4) involve experts, expert organizations in the examination of the delivered goods, work performed or services rendered;
5) interacts with the supplier (contractor, performer) when changing, terminating the contract;
6) apply liability measures and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract, including organizing the inclusion in the register of unscrupulous suppliers.
3.1.2. As part of the labor function, checking the quality of the presented goods, works, services:
1) checks the compliance of the results stipulated by the contract with the terms of the contract;
2) checks the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;
3) organizes the procedures for acceptance of the delivered goods, work performed (its results), services rendered and creates an acceptance committee;
4) engage external experts or expert organizations to examine (verify) the conformity of the results stipulated by the contract with the terms of the contract;
5) prepares materials for the consideration of cases on appealing against the actions (inaction) of the customer and for the performance of claim work;
6) draws up and draws up documents based on the results of the audit.
3.1.3. As part of the labor function, the management of subordinate employees:
1) distributes labor functions, job assignments between subordinate employees and exercises control over their implementation;
2) provides subordinate employees with advisory support, gives explanations and instructions in the framework of the performance of labor functions by subordinate employees;
3) ensures compliance with labor legislation and legislation on labor protection in relation to subordinate employees, creation of working conditions that meet the established requirements;
4) resolve conflict situations between subordinate employees;
5) ……… (other duties)
3.1.4. As part of the performance of his labor functions, he performs the instructions of his immediate supervisor.
3.1.5. ……… (other duties)
3.2. In the performance of their duties, the lead procurement specialist must comply with the following ethical standards:
1) respect the confidentiality of information;
2) observe the ethics of business communication;
3) take an active position in the fight against professional dishonesty;
4) not to disclose the materials of working studies;
5) not create conflict situations in the workplace;
6) not to take actions that discredit the profession and reputation of colleagues;
7) to prevent slander and dissemination of information discrediting other organizations and colleagues.
3.3. ……… (other job descriptions)

4. Rights
The contract manager has the right:
4.1. Participate in the discussion of draft decisions of the organization's management, in meetings on their preparation and implementation.
4.2. Ask the immediate supervisor for clarifications and clarifications on these instructions, issued assignments.
4.3. Request on behalf of the immediate supervisor and receive from other employees of the organization necessary information documents required for the execution of the order.
4.4. Get acquainted with the draft decisions of the management regarding the function performed by him, with documents defining his rights and obligations in his position, criteria for assessing the quality of the performance of his labor functions.
4.5. Submit proposals on the organization of labor within the framework of their labor functions for consideration by their immediate supervisor.
4.6. Participate in the discussion of issues related to the duties performed.
4.7. ……… (other rights)

5. Responsibility
5.1. The contract manager is liable for:
- for improper performance or non-performance of their official duties provided for by this job description - in the manner established by the current labor legislation of the Russian Federation, legislation in the field of procurement;
- for offenses and crimes committed in the course of their work, in the manner prescribed by the current administrative and criminal legislation of the Russian Federation;
- for causing damage to the organization - in the manner prescribed by the current labor legislation of the Russian Federation.
5.2. ……… (other liability provisions)

6. Final provisions
6.1. This job description was developed on the basis of the Professional Standard "Specialist in the field of procurement", approved by the Order of the Ministry of Labor and social protection Russian Federation dated September 10, 2015 N 625n, taking into account ...... ... (details of the organization's local regulations)
6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract).
The fact that the employee is familiarized with this job description is confirmed by ……… (signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; otherwise)
6.3. ……… (other final provisions).

AGREED

Chairman of the trade union committee

___________ /___________________/

protocol No. ____ dated "__" ___ 201__

APPROVED

Director

Name of institution

_________ /_________________/

Order No. __ dated "_"._.20__.

Job description of a contract manager

________________

1. General Provisions

1.1. This job description drawn up in accordance with 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" as amended on June 7, 2017, the provisions of the Labor Code of the Russian Federation and other regulatory legal documents governing labor relations between employee and employer.

1.2. This job description establishes the duties, rights and responsibilities of the contract manager.

1.3. A person who has higher education or additional professional education in the field of procurement and work experience in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs can work as a contract manager.

1.4. The contract manager is appointed and dismissed from his position by order of the director of the educational institution.

1.5. The contract manager is directly subordinate to the director of the educational institution.

1.6. The contract manager is an official of the contract service and a member of the unified commission of the school.

1.7. The contract manager should be guided by:

the Constitution of the Russian Federation;

civil and budgetary legislation;

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" as amended on June 7, 2017;

regional regulations relating to procurement to meet state and municipal needs;

antimonopoly legislation of the Russian Federation;

other regulatory legal documents in the field of procurement of goods, works, services to meet state and municipal needs, the needs of a budgetary institution.

1.8. The contract manager needs to know:

general principles, concepts and system of procurement to meet state and municipal needs;

procurement process for state and municipal needs;

procurement planning;

regulation in the field of procurement;

methods for determining the initial (maximum) contract price;

methods for determining suppliers (contractors, performers);

rules for posting notices, procurement documents, contracts, explanations and other information to be posted in a unified information system and on electronic platforms;

administrative procedure for the operation of a unified information system and electronic platforms;

rules for evaluating bids, final proposals of procurement participants and limit values ​​for the significance of evaluation criteria;

powers, rights, obligations and rules of work of the procurement commission;

competitive procurement processes ( open competition, tender with limited participation, two-stage tender, closed tender, closed tender with limited participation, closed two-stage tender), auction (electronic auction, closed auction), request for quotations, request for proposals, purchase from a single supplier (contractor, performer);

rules for concluding, executing, amending and terminating the contract;

structure and all features of contracts;

the specifics of the procurement of goods;

the specifics of the procurement of services;

the specifics of the procurement of works;

efficiency of procurement to meet state and municipal needs;

control over compliance with the legislation of the Russian Federation in the field of procurement to meet state and municipal needs;

responsibility for any violation of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement;

ensuring the protection of the rights and interests of all procurement participants, the appeal procedure;

information support for procurement for state and municipal needs;

fundamentals of the labor legislation of the Russian Federation;

1.9. The contract manager must confidently know his duties in accordance with the job description, as well as the rules and regulations on labor protection, fire protection, and the internal labor regulations of the educational institution.

2. Functions

2.1. Organization and procurement of goods, works or services to meet the needs of the school 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."

3. Job responsibilities

The contract manager performs the following functions:

3.1. Development of a procurement plan, preparation of changes to be made to the procurement plan, placement in the unified information system of the procurement plan and the changes made to it.

3.2. Development of a schedule, preparation of changes to be made to the schedule, placement in a single information system of the schedule and the changes made to it.

3.3. Prepares and places in the unified information system notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in the selection of suppliers (contractors, performers) by closed methods.

3.4. Prepares and sends invitations to participate in the selection of suppliers (contractors, performers) in the ways established by 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" .

3.5. Performs determination and justification of the initial (maximum) cost of the contract;

3.6. Is engaged in the organization of mandatory public discussion of the purchase of goods, works or services in cases established by the Law.

3.7. Taking into account the results of the mandatory public discussion of the procurement of goods, works or services, if necessary, makes changes to the procurement plans, schedules, procurement documents or cancels the procurement.

3.8. Performs the placement of customer reports established by the law of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

3.9. Provides procurement, as well as the conclusion of contracts.

3.10. Participates in the consideration of cases on appealing the results of the determination of suppliers (contractors, performers) and prepares the necessary materials for claim work.

3.11. Prepares materials for claim work (in accordance with the acts technical specialists).

3.12. If necessary, resorts to the help of experts or expert organizations, in accordance with the requirements established by 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" and other regulatory legal acts.

3.13. Organizes, if necessary, in the course of procurement planning consultations with suppliers (contractors, performers) and takes part in such consultations in order to assess the state of the competitive environment in the relevant markets for goods, works, services, find the best technologies and other solutions to meet the needs of the school.

3.14. Maintains the required skill level required to perform their duties as per job description.

3.15. Performs other duties established by 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."

3.16. Does not allow disclosure of information that became known during the process of determining the supplier (contractor, performer), except for cases expressly provided for by the legislation of the Russian Federation.

3.17. In case of centralized procurement in accordance with Part 1 of Article 26 of this Federal Law, the contract manager shall exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution, which have the right to determine suppliers (contractors, performers). In this case, the contract manager is liable within the limits of his authority.

4. Rights

The contract manager has the full right to:

4.1. For all social guarantees pre-established by law.

4.2. Get acquainted with the draft decisions of the head of the educational institution that are directly related to his activities.

4.3. Submit proposals for the school principal to improve the work related to the duties established by this job description of the contract manager of the educational institution.

4.4. Within the limits of its competence, report to the head of the educational institution on all shortcomings discovered in the course of his direct work and make any proposals for their elimination.

4.5. Approval of documents within their competence.

4.6. Make demands to the director of a general educational institution for assistance in the performance of his duties and rights.

4.7. Receive any information and documents required for the performance of their duties.

4.8. Report to the head of the school on all deficiencies discovered in the course of the performance of their duties and make any proposals for their elimination.

4.9. To be directly involved within their competence in the preparation (discussion) of the following projects:

Procurement plans;

Schedules;

Other non-normative (organizational and administrative) acts on issues established by law of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet the needs of the school.

4.10. To take part in the development (discussion) of the regulation on contract service, other acts on behalf of the head of the educational institution.

4.11. Systematically improve your professional qualifications.

4.12. To other rights established by the Labor Legislation of the Russian Federation.

5. Responsibility

The contract manager is fully responsible for:

5.1. For any violation 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", other regulatory legal acts provided for by this law, the norms of the job description - bears disciplinary, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

5.2. For causing material damage to the school - within the limits established by the current labor and civil legislation of the Russian Federation;

5.3. The contract manager bears full personal responsibility for compliance with the requirements stipulated by the legislation of the Russian Federation on the contract system in the field of procurement and regulatory legal acts regulating relations regarding:

Planning the purchase of goods, works, services;

Definitions of suppliers (contractors, performers);

Conclusions of a civil law contract;

Features of the execution of contracts (agreements);

Monitoring the procurement of goods, works, services;

Audit in the field of procurement of goods, works, services;

Monitoring compliance with the legislation of the Russian Federation.

5.4. For any offenses committed in the course of the performance of their work - within the limits established by the current administrative, criminal, civil legislation of the Russian Federation.

5.5. For violation of the rules of fire protection, labor protection, sanitary and hygienic rules and norms, the contract manager bears administrative responsibility in the manner and in cases determined by the administrative legislation of the Russian Federation.

6. Relationships. Relationships by position.

6.1. The mode of work of the contract manager is established in accordance with the Internal Labor Regulations established in the educational institution.

6.2. The interaction of the contract manager with citizens and organizations is built within the framework of business relations on the basis of the general principles of official conduct, as well as in accordance with other regulatory legal acts.

6.3. Receives from the director of the educational institution information of a regulatory, legal, organizational and methodological nature, gets acquainted with the relevant documents against receipt.

6.4. Regularly exchanges information on issues within its competence with the administration of the educational institution.

6.5. Transfers to the principal of the school the information that he received at meetings of various levels, immediately after receiving it.

7. Performance and performance indicators

7.1. The effectiveness of the professional performance of a contract manager is evaluated according to the following indicators:

the volume of work performed and the intensity of labor, the ability to maintain high performance in extreme conditions, compliance with official discipline;

timely and prompt execution of orders;

the quality of the work done (preparation of documents in accordance with established requirements, complete and logical presentation of the material, legally competent drafting of documents, absence of stylistic and grammatical errors);

professional competence (knowledge of legislative and other regulatory legal acts, breadth of professional horizons, ability to work with documents);

the ability to clearly organize and plan the execution of assigned tasks, the ability to appropriately use work time, prioritize;

creative approach to solving certain problems, activity and initiative in mastering the latest computer and information technologies ability to quickly adapt to new conditions and requirements;

understanding of responsibility for the result of their actions.

The job description was developed by: _____________ /_______________________/

I am familiar with the job description (a), one copy received (a) andI undertake to keep it at work.

"___" _____ 20___ _____________ /_______________________/

I can not help but highlight this topic, because. I receive requests for a sample job description for a contract manager almost every day.
First of all, I hasten to reassure everyone: if your contract manager is still working without a job description, no penalties for you. Neither the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", nor the Order of the Ministry of Economic Development of 29.10. 2013 N 631 "On the approval of a model provision (regulation) on contract service" does not mention job descriptions. Even in Labor Code there is nothing about them.

The head of the institution independently decides on the form of the document defining the duties of the contract manager.
The purpose of the instruction is the definition of the rights, duties and limits of the employee's responsibility.
In the absence of job descriptions in the institution, information about the employee's labor function is included directly in the text of the employment contract.
In many cases, it is more convenient to determine the terms of a specific employment contract on the basis of an approved job description.

The leader can make changes to the instructions. The new provisions will apply to employees hired for the relevant positions. Already working specialists must not only be familiarized with the changes, but also obtain their written consent if this leads to a change in the terms of the employment contract.

The content of the job description of the contract manager, head (employee) of the contract service

This document usually includes the following sections:

Section 1 "General Provisions":
- job title structural subdivision the position is included, the procedure for appointing and dismissing a position, filling a position during the period of temporary absence of an employee.

Section 2 Qualification Requirements:
- the level of required professional training
In accordance with paragraph 6 of Article 38 of Federal Law No. 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.

Section 3 "Responsibilities":
-specific types of work that make up the performance of a labor function
Almost all the duties of a contract manager are listed in the Order of the Ministry of Economic Development of October 29, 2013 N 631 "On approval of the standard provision (regulation) on contract service", as well as in professional standards "Purchasing Specialist" and "Purchasing Expert", approved by orders of the Ministry of Labor of Russia No. 625n and No. 626n dated September 10, 2015. The list of works should be expanded and specified taking into account the needs of the institution and instructions should be formulated for different positions: for example, in duties contract manager include - “coordinates the publication of notices of procurement with the head of the Institution”, in the responsibility contract manager– “makes a decision on the publication of notices of procurement”, in the responsibility contract service worker– “publishes, by decision of the head of the contract service, a notice of procurement”
The job description of the head of the contract service will also contain the following items:
- submits for consideration of the head of the institution proposals for the appointment and dismissal of employees of the contract service;
- distributes duties between contract service employees;
- defines the duties and personal responsibilities of contract service employees
The job description of a contract manager should include almost all the functions listed in Order No. 631. The job descriptions of contract service employees may differ and contain different duties, for each employee - only a part of the functions listed in the Order.
Section 3 is necessary, in particular, to transfer the authority of an employee for the period of his vacation, illness, or business trip to a person temporarily replacing him;

Section 4 "Rights":

- a list of the rights of an employee holding this position: the right to receive certain information, the right to control the execution of documents, the right to sign documents, etc.

Section 5 Liability:
- the area of ​​responsibility of the contract manager (head or employee of the contract service) for the results and consequences of his labor activity, for actions and inactions within his powers
In this section, it is advisable to list the groups possible violations, measures of personal administrative and disciplinary responsibility in accordance with the current legislation.

In addition to the main ones, the job description may include additional sections.

Section "Procedure of interaction by position":

The section includes official external and internal communications: - with procurement participants, with contractors, with the management of the institution, with the head of the unit, with other units.
This section establishes the deadlines for the submission and receipt by the employee of certain documents. The section is necessary to comply with the workflow schedule.

Section "Evaluation of results":
This section is needed even if the result of the execution of functions cannot be expressed in numbers or percentages. The main result of the work of a contract service or a contract manager is the conclusion of contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.
An intermediate result can be, for example, uninterrupted material supply of the institution, the absence of complaints from the procurement participants, the absence of fines, etc.

In the staffing of most government and budget institutions There is currently no contract manager position. You can hire a new employee for any vacant position, for example, an economist and issue an order appointing him as a contract manager. In this case, job responsibilities may be listed in the employment contract or the text of the job description of the economist may be changed.

Irina Kozlova

Job description of a contract manager (sample)

Name of company JOB DESCRIPTION	APPROVE Name of the position of the head of the institution
Place of compilation	Signature Full name
the date Registration N	the date
JOB INSTRUCTIONS FOR A CONTRACT MANAGER
General provisions
...
Qualification Requirements
...
Job Responsibilities
...
Rights
...
Responsibility
...
Order of interaction by position
...
Visa approval (if necessary)
I am familiar with the instructions. Instance received	Signature Full name
	the date