Requirements for the head of the contract service. Job description. Contract workers

Provisions of the Federal Law of 04/05/2013 No. 44-FZ concerning the contract service and the contract manager came into force on January 1, 2014, certain provisions on the rights and obligations of the contract service concerning the stages of procurement planning and posting information about them in the Unified information system(clauses 1 and 2 of part 4 of article 38 of the Federal Law of April 5, 2013 No. 44-FZ), will come into force in 2015.

Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 “On approval of the Model Regulations (Regulations) on Contract Service” establishes the rules for organizing the activities of the contract service.

History of the problem of the principle of professionalization of the procurement sector

The main innovation in personnel changes in the public procurement system is related to the establishment of the principle of professionalization of the procurement sector. Government procurement in our country began in 1991 after the abolition of the State Supply Agency. The new public procurement system was created in 1997 by presidential decree Russian Federation Boris Yeltsin “On the organization of the procurement of goods, works and services for state needs.” However, the requirements for professional knowledge the state customer and members of the procurement commissions were not identified at that time. In 2006, Minimum Knowledge Requirements for Procurement Specialties were adopted, but they were not established as mandatory.

In 2009, a requirement appeared in 94-FZ that at least one member of the procurement commission must be trained. The draft law on the FCC contained requirements for work experience, and a provision on the need to establish a minimum of knowledge, which were not included in the currently valid Law No. 44-FZ.

Federal Law of 04/05/2013 No. 44-FZ for the first time introduces the principle of professionalization of the procurement sector and establishes mandatory requirement for members of the customer’s contract service and contract managers – higher education or additional professional education (advanced training, professional retraining) in the field of procurement.

Reasons for creating a contract service

Government procurement is carried out by the customer. Who is the customer? The customer is a state or municipal body or budgetary institution carrying out procurement. Procurement is needed to implement state and municipal programs, to organize the current activities of state, municipal and budgetary organizations.

From 01/01/2014 you can purchase only according to Law No. 44-FZ. To carry out the procurement, the Customer must create a contract service or appoint a contract manager.

Why is a contract service needed? The purpose of this innovation is to professionally and responsibly ensure the implementation of the entire procurement cycle: from planning to obtaining a specific result and assessing the effectiveness of implementation by the state or municipal customer or budgetary institution procurement of goods, works, services to meet state or municipal needs. Introduced principle of personal responsibility contract service employees for compliance with the requirements stipulated by law and the achievement of assigned tasks as a result of the execution of the contract.

What will the contract service or contract manager do?

The contract service will carry out procurement from the stage of planning and identifying the supplier (contractor, performer) and end with the stage of analyzing the effectiveness of the fulfillment of obligations by the parties to the contract.

The contract service will carry out full procurement cycle, which includes the following stages:

• Procurement planning;
• Identification of suppliers (contractors, performers);
• Conclusion of contracts;
• Execution of contracts:
• Claim work.

Stages of creating a CS

Preparing the customer for the creation of a contract service includes several stages:

1. study legal acts on the FCC;
2. create a contract service or appoint a contract manager (depending on the total volume) by 01/01/2014. They can act only in part of those rights and obligations that will come into force in 2014;
3. send employees for training until 01/01/2014. or retraining before 01/01/2016;
4. develop and approve new regulations on commissions.

CS structure

44-FZ suggests 3 contract service models:

1. contract service with a special structural unit,
2. contract service without special structural unit,
3. appointment of a contract manager.

The law provides that the determining factor for the customer when deciding on the creation of a contract service or the appointment of a contract manager will be the total annual volume of purchases according to the plan and schedule.

According to 44-FZ, the contract service is created by those customers whose total annual volume of purchases is in accordance with the schedule exceeds 100 million rubles. In this case creation of a contract service is duty customer (Part 1, Article 38). At the same time, the customer decides for himself to create a special structural unit for it or not to create it. Since the creation of a special structural unit is not mandatory, the contract service can be created without changes organizational structure customer.

If the customer's total annual purchase volume less than or equal to 100 million rubles, then the customer has the right to create a contract service(Part 2, Art. 38).

If not created contract service, then the customer must(Part 2, Art. 38) appoint contract manager - executive, responsible for the implementation of a purchase or several purchases, including the execution of each contract.

Thus, depending on the total annual volume of purchases (the reference amount here is: less than or equal to, or more than 100 million rubles), the customer has the right or obligation to create a contract service. But, if the customer, whose total annual purchase volume is less than or equal to 100 million rubles, has not exercised his right, then he has the obligation to appoint a contract manager.

Ways to create a contract service

1. creation of a separate structural unit;
2. approval by the customer of a permanent composition of customer employees performing the functions of a contract service without the formation of a separate structural unit.

Structure and number of contract service determined and approved by the customer. The contract service must include at least two people - officials of the contract service from among the customer's employees.

Appointment and dismissal from office contract service employee is allowed only by decision of the customer’s manager or the person performing his duties.

The contract service is headed by head of contract service. The contract service, which is created as a contract service without forming a separate division, is headed by one of the customer’s deputy managers.

Qualification requirements for contract service employees

Article 9 of Law No. 44-FZ introduces the principle of customer professionalism.

The qualification requirements for contract service employees are established by Part 6, Article 38 of Law No. 44-FZ. All contract service employees, contract manager since 2016must have higher education or additional professional education(advanced training, professional retraining) in the field of procurement.

Until 01/01/2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders (Part 2 of Article 112).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” established that the minimum permissible period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs cannot be less than 250 hours.

The lack of methodological support in the regions is expected to be resolved through educational seminars, training in universities, and the implementation of pilot projects.

According to Article 39 of Law 44-FZ, the decision to create a commission is made by the customer before the start of the procurement to identify suppliers (contractors, performers), with the exception of procurement from a single supplier (contractor, performer). The customer determines the composition of the commission and the procedure for its work, and appoints the chairman of the commission.

The composition of the commission must include at least 5 people: when conducting competitions (tender commission) and when conducting auctions (auction commission), when conducting all procurement methods through competitions, auctions, requests for quotations, requests for proposals (single commission).

The composition of the commission must include at least 3 people: when conducting quotations (quotation room), when conducting a request for proposals (commission for reviewing applications and final proposals in the request for proposals).

If the commission identifies persons personally interested in the results of identifying suppliers (contractors, performers), the customer who made the decision to create the commission is obliged to immediately replace them with other individuals who are not personally interested in the results of the procurement and who are not able to be influenced by the procurement participants , as well as individuals who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement (Part 6 of Article 39).

The procurement commission is authorized to carry out its functions if at least 50% of the total number of its members are present at the meeting.

Members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the meeting of the commission. Decision-making by members of the commission through absentee voting, as well as delegation of their powers to other persons, is not allowed (Part 8 of Article 39).

Qualification requirements for members of the procurement commission:

The Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070 clarifies the requirements for members of the procurement commission: if all contract service employees by January 1, 2016, in order to exercise their powers in accordance with the Law, must have higher education or additional professional education in the field of procurement, then the customer may include in the commission persons who have special knowledge related to the procurement object, that is, who do not have higher education or additional professional education specifically in the field of procurement.

Functional responsibilities of the contract service (contract manager)

The functions of the contract service and the contract manager are similar. The difference is in the scale and scope of work. Article 38 of the Federal Law of 04/05/2013 N 44-FZ “On the Contract System” does not provide for the obligation to develop and approve regulations for the contract manager. For a contract manager, development and approval is sufficient job description, according to his professional duties.

Customer contract service
Head of contract service
Contract workers	Requirements: higher professional education orcompletion of professional training or advanced training under additional professional education programs in the field of procurement before January 1, 2016., specialized knowledge and skills in the field of procurement. INin accordance with Part 23 of Article 112 of the Law, until January 1, 2016, a contract service employee may be a person with professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.
Contract manager	An official from among the customer's contract service employees,assigned by the customer to this position, if the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service.Requirements: higher professional education or completion of professional training or advanced training under additional professional education programs in the field of procurement before January 1, 2016., specialized knowledge and skills in the field of procurement. INin accordance with Part 23 of Article 112 of the Law, until January 1, 2016, a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.
Procurement commissions	Requirements: professional retraining or advanced training in the field of procurement, special knowledge related to the procurement object. The customer may include in the commission persons who have special knowledge related to the procurement object, that is, who do not have higher education or additional professional education specifically in the field of procurement. M at least 50% of the commission members must be trained in working rules according to law 44-FZ. The customer was obliged to train them all back in 2013.
Functions and powers of the contract service according to law 44-FZ	prepares a procurement plan and schedule; places procurement documentation in the Unified Information System; enters into a contract; accepts the results of the contract; conducts claims work; exercises other powers provided for by law.
Responsibility	The personal responsibility of the manager and other contract service employees for the performance of their functions and powers is established.Contract service employees guilty of violating the legislation of the Russian Federation bear disciplinary, civil, administrative, and criminal liability.

Summarizing the above, we can draw the following conclusions:

1. each procurement customer must create a contract service or appoint a contract manager;
2. the CS includes the customer’s employees: this can be one contract manager, and if the total annual volume of purchases is more than 100 million rubles - at least 2 persons;
3. it is necessary to train contract service employees by 01/01/2014. or retrain before 01/01/2016;
4. all contract service employees and contract managers must have higher education or additional professional education in the field of procurement.Until 01/01/2016 a contract service employee may be a person who has a professional education or additional professional education in the field of order placement;
5. contract service will carry out full cycle procurement, its functional responsibilities approved in the Standard Regulations (Regulations) of the Ministry of Economic Development of Russia.

Materials used to prepare the article:

1. Law No. 44-FZ 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”
2. Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631).
3. Letter of the Ministry of Economic Development of Russia dated September 23, 2013 N D28i-1070 “On clarification of the provisions of Federal Law dated 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”
4. Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631)

In the article we will talk about who can be the head of a contract service, what requirements for functionality and education are imposed by Law No. 44-FZ, as well as what responsibility is provided for him by the provisions of the Code of Administrative Offenses.

The contract service operates on the basis of the formalized Regulations on the Contract Service (Regulations). The contract service cannot function until such a provision is approved. This document defines the procedure for the service, as well as the procedure for interaction with other departments of the customer and the procurement commission. We wrote more about what the contract service does in the article “”.

The regulation on contract service is developed by the customer on the basis of the Model Regulation on contract service, approved by Order of the Ministry of Economic Development No. 631 of October 29, 2013 (hereinafter referred to as the Standard Regulation).

Clause 9 of the Model Regulations states that a contract service must always have a manager. The customer can determine the job title independently. For example, you can call such a position “head of contract service.” There are no requirements for the title of the contract service manager position in the Standard Regulations.

If a contract service is created as a separate structural unit, its head is appointed to the position by order of the head of the customer or an authorized person performing his duties.

If a contract service is created without forming a separate unit, it is headed by one of the customer’s deputy managers.

Can Chief Accountant to be the head of a contract service, without forming a separate unit?

The contract service, which is created as a contract service without forming a separate unit, is headed by the head of the Customer or one of the deputy heads of the Customer. Thus, if the chief accountant is not a deputy manager, then he cannot be the head of the contract service without forming a separate unit.

The main powers of the manager are determined in the regulations (regulations) on contract service approved by the customer. The customer can detail these powers in the job regulations (instructions).

It is necessary to approve the document regulating the activities of the head of the contract service at the time of hiring a new employee or assigning duties to an employee who has not previously performed them. The document can be drawn up in any written form on paper, which must indicate:

1. Job title;
2. information that the employee is the head of the contract service;
3. immediate supervisor (order of subordination);
4. education requirements (other qualification requirements if available);
5. requirements for knowledge of legislation;
6. specific powers to carry out procurement, taking into account the distribution of functional responsibilities;
7. rights and obligations;
8. responsibility.

Such a document is drawn up by an employee of the personnel department or another authorized person, and it is approved by the customer’s manager or his authorized person.

Who has the right to replace the head of the contract service in his absence?

The head of the contract service must independently determine the contract service employee who will replace him during the vacation period. This conclusion follows from Art. 38, 112 of Law No. 44-FZ and Model Regulations. The head of the contract service may have a deputy who, in the event of the temporary absence of the head of the contract service or on his behalf, performs his functions.

What are the main responsibilities

Head of contract service:

• distributes functional responsibilities between contract service employees (clause 10 and clause 17 of the Model Regulations).
• submits for consideration to the main person of the customer proposals on the structure and number of the CS, on appointment and dismissal.
• forms a work plan for the CS and submits it for consideration to the customer. He must provide him with monthly, quarterly and annual reports, and, if necessary, information on procurement at any stage.
• organizes, if necessary, consultations with suppliers and participates in such events. This is done to determine the state of the competitive environment in the relevant markets.
• organizes a mandatory public discussion of the procurement and, if necessary, prepares, based on its results, changes to be introduced into the document, or ensure the cancellation of the procurement.
• participates in the approval of requirements for certain types of goods, works, services purchased by the customer (including their maximum prices) and (or) standard costs for providing the customer’s functions, as well as organizing their placement in the Unified Information System.
• participates in the consideration of cases of appealing the actions (inaction) of the customer, in particular appealing the results of the determination of the supplier.
• develops draft customer contracts.
• oversees all issues related to, as well as organizing the return of funds contributed as security for the execution of an application or contract.

The customer has the right to assign to the head of the contact service not only the responsibilities for organizing and coordinating the work of planning and conducting procurement, but also the implementation of the functions and powers of the service. That is, the manager will be responsible for the result of any action of contract service employees.

To effectively solve problems, it is worth developing detailed regulations. It regulates relations during procurement, determines the procedure for the actions of contract service employees and the procedure for interaction of the service with other departments of the customer.

What qualifications should a contract manager have?

As follows from the letter of the Ministry of Economic Development dated April 17, 2017 No. D28i-1636, from July 1, 2016, requirements for employee qualifications have been established and are mandatory for use by employers. The requirements of professional standards should be taken into account when drawing up job regulations for contract service employees, including its head.

The head of the contract service must have certain qualifications. In the professional standard, it is indicated only in the generalized labor function “Organization of work on examination and consulting in the field of procurement for state, municipal and corporate needs.” This labor function provides for the 8th, highest, level of qualification (4 levels in total - from 5th to 8th).

To fulfill it, it is necessary to meet the education and training requirements:

• higher education - specialist or master's degree;
• additional professional education - advanced training programs or professional retraining programs in the field of procurement. For example, it could be that provide training for such employees, enable students not only to update their knowledge in the field of public procurement, but also to develop additional skills and get answers to their questions. It is recommended to improve your qualifications at least once every three years.

Requirements for practical work experience — at least 5 years in procurement, including at least 3 years in management positions.

Responsibility of the head of the contract service

The head of the contract service is the same employee of the contract service as any other member of it (clause 10 of the Model Regulations). In case of violation of the law, he bears administrative responsibility provided for in Articles 7.29-7.32, parts 7, 7.1 of Article 19.5, Article 19.7.2 of the Code of the Russian Federation on Administrative Offenses, as an official (Article 2.4 of the Code of Administrative Offenses of the Russian Federation).

Need to improve your skills? Online course for the head of an organization (state, municipal customer) "". An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”.

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The structure of the contract service is determined by the framework (standard) provision, but each customer sets it independently. Let's look at what functions to assign to the contract service and how to assign powers to the contract manager.

Contract service structure

Like a completely new system public procurement, the contract system imposed a new obligation on customers to create a contract service or appoint a contract manager.

If the total annual volume of purchases of the customer does not exceed 100 million rubles., then the customer independently makes decisions on how to implement this obligation. That is, the appointment of a contract manager is a right, not an obligation.

A serious problem for any customer is organization. internal control procurement activities. And it is simply necessary to prevent accidental or intentional violations during procurement, which can then be detected by external controllers. What legal mechanisms are there for this? The author believes that the most optimal of them is expanding the powers of the contract service and the contract manager.

Contract manager under 44-FZ

If the customer has chosen to appoint a contract manager, then such employee is assigned responsibilities both in accordance with his position and in accordance with his appointment as a contract manager.

An institution may have several contract managers appointed. Moreover, if there are several of them, you need to specify what duties each of them performs.

For proper registration, it is necessary to issue a local act of appointment.

One, for example, is responsible for purchasing products. The other is for plans and schedules. The third is for entering information into the register of contracts.

But in practice it is very rare for there to be several contract managers.

How to make a career in procurement: what the professional standard requires from contract managers

So that in a contract service, those who made them are actually punished for mistakes, create a table job tasks. And approve it as an annex to the contract service regulations. How to make and fill it -

Russian practice shows that the majority of customers whose income does not exceed the established limit decide to create a contract service (rather than appointing a contract manager), which is due to the lack in our country of proper motivation and material incentives for the contract manager as an official who bears almost solely the entire responsibility for the procurement of a specific customer. The appointment of a contract manager leads to staff turnover in this position.

Ethics of communication of a procurement specialist: requirements and norms of professional standards

“What is your work experience” and “have you undergone retraining” are important, but not the only questions of the customer to whom you will come to apply for a job. Find out what else you will be asked about when interviewing for a contract manager position

Indeed, in the case of creating a contract service, an equal distribution of responsibilities between its members is assumed, and when a contract manager is appointed, such an official individually exercises all functions and powers.

During the absence of the contract manager, the customer issues an order to appoint a person temporarily performing his duties.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

The structure and number of contract service is determined and approved by the customer, but cannot be less than two people.

Can the deputy head of the legal support department be the head of the contract service?

The contract service can be organized by creating a separate structural unit or by approving by the customer a permanent composition of its employees performing the functions of the contract service (without creating a separate structural unit). Therefore, it is not always necessary to change the staffing table.

Since the contract service conducts procurement from the moment of planning until the moment of execution of contracts and reporting, it is assumed that the contract service should include representatives of the legal and financial structural divisions of the customer and, of course, full representatives of the structural division responsible for organizing public procurement.

The contract service may be a kind of add-on.

This is the case if it proceeds without the formation of a structural unit. For example, it can be created by an order from a manager issued to individual accounting employees. AO, procurement department (if such exists) are assigned the functions of the KS. Moreover, if the inclusion of individual employees in the CS is associated with a change or expansion of labor functions, and therefore with a change employment contract, then such inclusion can only be carried out with the consent of base employees and subject to changes in their job descriptions.

The contract service is headed by the head of this service. If it is created as a separate structural unit, it is headed by a manager who is also appointed to the position by order of the head of the customer or an authorized person performing his duties. The contract service, created without the formation of a separate division, is headed by the head of the customer or one of the deputy heads of the customer, which is confirmed by letter of the Ministry of Economic Development of Russia dated 06/04/2015 No. D28i-1514.

Inspections reveal violations of this. For example, in an institution, the chief accountant or the head of the administrative office, who are not deputies of the head, has been appointed head of the CS.

Head of legal or financial departments cannot be the head of a contract service created without the formation of a separate structural unit, if such an employee does not have the status of deputy. head of the organization.

It is very rare in practice when the head of an institution is appointed as the head of the CS.

At its core, the contract service assigns a special rank to all customer employees involved in the procurement process, with the exception of employees who open envelopes with applications from procurement participants, review and evaluate applications, as well as accept the execution of the contract.

An official for whom an electronic digital signature has been issued who does not have an order to transfer authority from the manager cannot sign a contract. If the manager goes on vacation, then the acting There may be 2 digital signatures in case of breakdown or loss. Deadline... The flash drive is lost.

IMPORTANT! The customer must also have a purchasing commission.

Unlike the contract service, the permanent work of the procurement commission depends on the decision of the customer. According to which it can either be a permanent structure (a single procurement commission) that performs procurement functions by using any of the methods for determining a supplier (except for a single supplier), or be created separately for various methods for determining a supplier (competition, auction, quotation commissions , commission for reviewing applications for participation in the request for proposals and final proposals). A purchasing commission can also be created separately for each purchase.

The main purpose of the work of the procurement commission- determination of the supplier (contractor, performer) - means the need to open envelopes with applications, evaluate, review and compare applications of procurement participants, which determines the possibility and logic of including both internal and external specialists in the field of public procurement in the procurement commission.

It is interesting that the implementation of this right of the customer is possible within the framework of the creation of a procurement commission, according to the operating procedure of which its composition is constant, except for one of its members - a specialized specialist, who is appointed before each purchase in accordance with the characteristics of the specific product required by the customer, works or services.

The functional responsibilities of the contract service determine unspoken rule, according to which it includes the customer’s employees, and any need to involve third parties individuals absent.

Consequently, the contract service is a permanent “purchasing body” of the customer.

What does the commission do?	What does a contract service do? (contract manager)
Opens envelopes with applications for participation in the competition	Develops a procurement plan (schedule), including preparing changes to them
Keeps a record of opening envelopes with applications for participation	Prepares and places procedural documentation in the Unified Information System (notification, documentation, draft contracts)
Signs the envelope opening protocol	Ensures the procurement process, including the conclusion of contracts
Reviews and evaluates applications for participation in the competition (request for quotations, auction of the first and second parts) and makes a decision on admission	Participates in the consideration of cases of appealing the results of procedures and prepares materials for claims work
Signs the protocol of consideration and evaluation of applications and the protocol of summing up the results	Organizes consultations with suppliers at the planning stage
Draws up a protocol for considering applications	Other powers provided for by the contract system

The functions prescribed in Art. 38 of Law No. 44-FZ

The contract service and contract manager perform the following functions and powers:

1. develop a procurement plan, prepare changes for inclusion in the procurement plan, place the procurement plan and changes made to it in a unified information system;
2. develop a schedule, prepare changes for inclusion in the schedule, place the schedule and changes made to it in a unified information system;
3. carry out the preparation and placement in the Unified Information System of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the identification of suppliers (contractors, performers) in closed ways;
4. ensure procurement, including the conclusion of contracts;
5. participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work; (as amended by Federal Law dated June 4, 2014 N 140-FZ)
6. organize, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participate in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;
7. exercise other powers provided for by this Federal Law.

Requirements for contract service employees

In accordance with Part 23 of Art. 112 of Law No. 44-FZ, until January 1, 2017, a contract manager can be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

At the moment, there is a joint letter from the Ministry of Economic Development of Russia No. 5594-EE/D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated March 12, 2015 “On the direction of methodological recommendations.”

It is recommended to set a minimum period for mastering programs, regardless of the training technologies used, of at least 108 hours, except for the cases established by clause 2.4 Methodological recommendations(clause 2.3 of the Methodological Recommendations).

Thus, for most employees, advanced training should be at least 108 hours. The exception is the heads of customer organizations - for them at least 40 hours.

Find out how to choose the right procurement courses and where to get your state-certified training.

What requirements do employers place on contract managers?

Example of a vacancy description

Contract manager (skill level 6)

Department of Culture of the City of Moscow "Izmailovsky Park of Culture and Leisure" Moscow

Salary: up to 45,000 rubles, work experience from 3 to 6 years, higher education

Job responsibilities:

1. develops a procurement plan, prepares changes for inclusion in the procurement plan, places the procurement plan and changes made to it in a unified information system;
2. develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in a unified information system;
3. prepares and places in the unified information system notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in identifying suppliers (contractors, performers) in closed ways;
4. ensures procurement, including the conclusion of contracts;
5. participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepares materials for performing claim work;
6. organizes, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participates in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to provide state and municipal

Requirements:

Knowledge of the Federal Law of 04/05/2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
At least three years of experience in procurement

Hello, dear colleague! As you know, to carry out procurement within the framework of the contract system (44-FZ), the Customer must appoint a contract manager or create a contract service. The decision to choose between creating a contract service or appointing a contract manager depends on the size of the Customer's total annual procurement volume. In this article we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and responsibilities he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy as a contract manager. ( Note: This article was updated on January 3, 2018).

1. Who is a contract manager?

Contract manager - the official responsible for the implementation of a purchase or several purchases, including the execution of each contract.

The contract manager is appointed in the case when the total annual volume of purchases (abbreviated as AGPO) of the Customer does not exceed 100 million rubles and the Customer does not have a contract service (Part 2 of Article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for individual sectors of procurement activities. So, for example, one contract manager may be involved in the purchase of construction and repair work, a second in the purchase of food products, a third in the purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can purchase the contract manager's book.

2. Contract service or contract manager?

Customers whose total annual purchase volume >100 million rubles , create contract services(in this case, the creation of a special structural unit is not mandatory). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. with SHOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Responsibilities of the contract manager under 44-FZ

According to Part 4 of Article 38 of 44-FZ, the responsibilities of the contract manager include:

1. development, preparation of changes for inclusion in the procurement plan, placement in the procurement plan and changes made to it;

1. development, preparation of changes for inclusion in the schedule, placement in a unified information system of the schedule and changes made to it;

1. preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in identifying suppliers (contractors, performers) through closed means;

1. procurement, including concluding contracts;

1. participation in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and preparation of materials for carrying out claim work;

1. organizing, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;

1. other powers provided for by 44-FZ.

A detailed list of the functions and powers of the contract service (contract manager) is contained in Section II of the standard regulations (regulations) approved.

Important point! According to Part 3 of Article 38 of 44-FZ, the contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement. Article 38 44-FZ does not provide responsibilities of the Customer to develop and approve regulations for the contract manager.

4. Contract manager job requirements

According to Part 6 of Article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager can be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (i.e. . training according to 94-FZ).

5. Contract manager according to 44-FZ: job description

The Customer has 3 possible options for appointing a contract manager:

Option #1— Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar responsibilities and powers;

Option No. 2— Transfer a full-time employee to the position of contract manager (or similar position) with the conclusion of an agreement to change the terms of the employment contract;

Option No. 3— Agree with the full-time employee on the possibility of combining positions according to the rules of Article 60.2 of the Labor Code of the Russian Federation (in this case, in accordance with Article 151 of the Labor Code of the Russian Federation, the employee is paid additionally, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning CG should be as follows:

• introduction of a new position into the organization’s staffing table;

• development of job description for CU ( Note: As a rule, a job description consists of several sections - general provisions, job responsibilities, rights and responsibilities);

• issuance of an order appointing an official responsible for procurement (i.e. contract manager).

Also, Part 2 of Article 12 of 44-FZ establishes that officials of Customers bear personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation (Part 1 of Article 107 44-FZ).

7. Contract manager: training and professional standards

According to Part 1 of Article 9 of 44-FZ, the contract system in the field of procurement provides for the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers and specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (Part 2 of Article 9 44 -FZ).

As I said earlier, until January 1, 2017, the contract manager can be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (Part 23 of Article 112 of 44-FZ).

In addition, a connection has been established between these standards and the Unified Qualification Directory of Positions of Managers, Specialists and Other Employees) and OKPDTR (All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Classes).

The professional standard “Procurement Specialist” (qualification level from 5 to 8) was developed for a group of positions:

• Procurement Specialist;
• Leading Specialist;
• Contract service employee;
• Contract Manager;
• Procurement Consultant;
• Deputy Head of Division;
• Head of department;
• Head of contract service;
• Advisor;
• Supervisor.

The professional standard “Procurement Expert” (skill level 6 to 8) was developed for a group of positions:

• Procurement Consultant;
• Senior Procurement Specialist;
• Procurement expert;
• Deputy head/director (of department, department, organization);
• Head/director (of department, department, organization);
• Contract Manager;
• Head of contract service.

In accordance with professional standards specialist in the field of procurement must have:

• Secondary vocational education;
• Additional professional education - advanced training programs and professional retraining programs in the field of procurement;

A expert must have:

• Higher education - specialty, master's degree;
• Additional professional education - advanced training programs / or professional retraining programs in the field of procurement.

For the second group of positions (i.e. “Expert in procurement”), it is mandatory not only to have appropriate education, but also work experience - at least 5 years in procurement, including in management positions at least 3 years .

8. Search for a contract manager vacancy

I am often asked, “Where can I find a vacancy for a contract manager?” In fact, finding a job as a contract manager is easy. To get started, I recommend that you take a look at the most popular online job search sites:

1. www.hh.ru (HeadHunter);
2. www.superjob.ru (SuperJob);
3. www.rabota.ru (Rabota);
4. www.job.ru (Job);
5. www.avito.ru (Avito).

In addition, you can go to the websites of administrations or the websites of state (municipal) Customers, where sometimes there are advertisements for the search for procurement specialists.

Sometimes such advertisements are posted on or in thematic groups and communities on social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next issues.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

Konstantin Edelev, expert of the State Order System

From August 14, 2019, the procedure for calculating fines under 44-FZ was changed: the requirement for a fixed amount was removed, and the penalty for SMP and SONO was reduced. In the article you will find all the current rules. Working with penalties will be simplified by examples of wording and judicial practice.

The contract service, which is created as a contract service without forming a separate unit, is headed by the head of the Customer or one of the deputy heads of the Customer.

Thus, if the chief accountant is not a deputy manager, then he cannot be the head of the contract service without forming a separate unit.

How to create a contract service

A contract service must be created when the customer’s total annual purchase volume exceeds 100 million rubles.

Situation: how can a customer create a contract service if its total annual purchase volume is less than 100 million rubles.

If the customer’s total annual purchase volume does not exceed 100 million rubles, an order can be issued to create a contract service in one of the following ways. Depending on the chosen method, you need to determine the category of the contract service manager. Also, the same order can approve the regulations on contract service.

What does the contract service do?

The contract service performs the following functions (Part 4, Article 38 of Law No. 44-FZ):

• develops a procurement plan, schedule, prepares changes to be made to them;
• places in the unified information system (hereinafter referred to as the UIS) the procurement plan, schedule and changes made to them;
• justifies purchases;
• prepares justification for the initial (maximum) contract price;
• prepares and places procurement notices, procurement documentation and draft contracts in the Unified Information System, prepares and sends invitations to participate in identifying suppliers (contractors, performers) in closed ways;
• conducts procurement, including concluding contracts;
• participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepares materials for carrying out claim work;
• organizes consultations with suppliers (contractors, performers) at the procurement planning stage and participates in such consultations in order to assess the competitive environment in the markets for goods, works and services, determine the best technologies and solutions to meet state and municipal needs; participates in mandatory public discussions on procurement;
• organizes the activities of procurement commissions;
• attracts experts and expert organizations; reviews bank guarantees, contacts the bank with a request to pay amounts under the bank guarantee;
• organizes the process of concluding a contract; monitors the timing of payment for goods supplied, work performed, services rendered, and individual stages of contract execution;
• interacts with the supplier (contractor, performer) when changing or terminating the contract;
• prepares documents to include in the register of unscrupulous suppliers of information about the counterparty;
• sending a demand to the supplier (contractor, performer) to pay penalties;
• exercises other powers provided for by Law No. 44-FZ, for example, preparing and posting in a unified information system a report on the execution of the contract and (or) on the results of a separate stage of its execution.

Attention: when centralizing procurement (Part 1, Article 26 of Law No. 44-FZ), the authority to identify suppliers (contractors, performers) can be transferred to the relevant authorized body, authorized institution.

Who develops the regulations (regulations) on contract service

The contract service regulations are developed and approved by the customer.

The contract service cannot function until such a provision is approved.

The state order advises:

take as a basis standard provision(regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 (hereinafter referred to as the Standard Regulations).

The regulations on the contract service determine the procedure for the service, as well as the procedure for interaction with other departments of the customer and the procurement commission.

Situation: is the customer obliged to place a provision on contract service in the unified information system or on its website?

The customer is not obliged to post the contract service provision in the unified information system or on its website.

Openness and transparency of information about the contract system in the field of procurement is ensured, in particular, by placing it in a unified information system.

According to Part 3 of Article 4 of Law No. 44-FZ, the unified information system does not contain the obligation to post provisions on contract service.

How can you create a contract service?

A contract service can be created as:

• separate structural unit;
• permanent staff approved by the customer.

In the second case, workers will perform the functions of a contract service without creating a separate structural unit, without transferring workers to a special department.

It is not necessary to create a special structural unit.

The state order advises:

do not use other methods of creating a contract service, as they will contradict Law No. 44-FZ, Model Regulations.

Attention: functional responsibilities are distributed between employees of the contract service by its head (clause 10 and clause 17 of the Model Regulations).

In this case, the employee’s labor responsibilities must be fixed in the employment contract (Article 21 of the Labor Code of the Russian Federation).

Situation: is it allowed to create several contract services?

No, it is not allowed.

Law No. 44-FZ and Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 do not provide for the creation of several contract services by one customer.

In addition, the contract service is a separate subject of control (Part 2 of Article 99 of Law No. 44-FZ).

Therefore, the customer should create only one contract service.

At the moment, neither Law No. 44-FZ nor Order of the Ministry of Labor No. 625n establishes requirements for the maximum quantitative composition of the contract service. At the same time, according to paragraph 7 of the Model Regulations, the structure and number of the contract service is determined and approved by the customer, but cannot be less than 2 people.

Thus, the maximum/optimal quantitative composition of the contract service is determined by the customer independently, taking into account his needs, as well as financial capabilities. At the same time, taking into account the requirements for specialists in the field of procurement in accordance with Order of the Ministry of Mineral Resources No. 625n, when calculating the number of members of the contract service, can be taken into account, but is not required, since the use of the professional standard “Specialist in the field of procurement” is not an obligation for the customer.

Additionally, the customer has the right to independently prepare an economic justification for the optimal number of employees included in the contract service. Such an economic justification may be based on, for example, the total financial volume of the customer’s purchases, the number of contracts concluded in the last year, etc.

Who heads the contract service

A contract service must always have a manager (clause 9 of the Model Regulations).

If a contract service is created as a separate structural unit, its head is appointed to the position by order of the head of the customer or an authorized person performing his duties.

If a contract service is created without forming a separate unit, it is headed by one of the customer’s deputy managers.

Situation: what should the title of the contract service manager position be called?

The customer can determine the job title independently. For example, you can call such a position “head of contract service.”

There are no requirements for the title of the contract service manager position in the Standard Regulations.

Situation: who has the right to replace the head of the contract service while he is on vacation

The head of the contract service must independently determine the contract service employee who will replace him during the vacation period.

This conclusion follows from Article 38 and Article 112 of Law No. 44-FZ and Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

Situation: is there any responsibility for the head of the contract service?

Yes, the head of the contract service for committing offenses in the field of procurement bears administrative responsibility, provided for in Articles 7.29-7.32, parts 7, 7.1 of Article 19.5, Article 19.7.2 of the Code of the Russian Federation on Administrative Offenses, as an official (Article 2.4 of the Code of Administrative Offenses of the Russian Federation).

The head of the contract service is the same employee of the contract service as any other employee included in its composition (clause 10 of the Model Regulations, which was approved by the Ministry of Economic Development of Russia in Order No. 631 dated October 29, 2013).

If the head of the contract service has assumed the powers of a contract service employee, then if there are violations of the law during their execution, he bears administrative responsibility provided for by the Code of the Russian Federation on Administrative Offenses.

On the possibility of appointing the head of the internal municipal financial control body as the head of the contract service of the city administration

According to Part 3 of Art. 38 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" (hereinafter referred to as Law No. 44-FZ), the contract service operates in accordance with the regulations ), developed and approved on the basis of a standard provision (regulation) approved by the federal executive body for regulating the contract system in the field of procurement.

Based on clause 9 of the Standard Regulations (Regulations) on the contract service, approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631, the contract service is headed by the head of the contract service (hereinafter referred to as the Standard Regulation).

If the contract service is created as a separate structural unit, it is headed by the head of the structural unit, appointed to the position by order of the head of the Customer or an authorized person performing his duties. The contract service, which is created as a contract service without forming a separate division, is headed by the head of the Customer or one of the deputy heads of the Customer (clause 9 of the Regulations).