Who can create a contract service. Education requirements for contract service employees

In accordance with Part 2 of Art. 38 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" (hereinafter referred to as Law N 44-FZ) - if the total annual volume of purchases the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer is obliged to appoint an official responsible for the implementation of a purchase or several purchases, including the execution of each contract (contract manager).

At the same time, the specified person must have a higher education or additional professional education in the field of procurement (Part 6, Article 38 of Law No. 44-FZ).
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 (Part 23 of Article 112 of Law No. 44-FZ).
Law No. 44-FZ does not provide any other mandatory requirements for the position of contract manager.

Thus, within the meaning of the law, the customer must currently appoint from among his employees a responsible official who meets the established educational requirements, including in his labor function the functions and powers listed in Part 4 of Art. 38 of Law No. 44-FZ.

In a situation where we are talking about supplementing the labor function of an already working employee with new responsibilities, such addition can be made in the manner provided for in Art. 72 of the Labor Code of the Russian Federation, by concluding an additional agreement to the employment contract.

The director of the institution is also a contract manager; in this case, does the director write an order for himself?

Article 20 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) reveals the concepts of the parties to labor relations.
Thus, the parties to the labor relationship are the employee and the employer.
In this case, an employee is an individual who has entered into an employment relationship with an employer, and an employer is an individual or legal entity (organization) who has entered into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to enter into employment contracts may act as an employer.

According to Part 6 of Art. 20 of the Labor Code of the Russian Federation - the rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them, other persons authorized to do so in accordance with federal law, in the manner established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulatory acts.

The head of the organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity (organization) and local according to regulatory acts, manages this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).

Consequently, the head of the organization has the right to issue orders in relation to all employees of the institution, and as an employer, issue an order on the appointment of an official responsible for procurement (contract manager) in compliance with the above-mentioned labor legislation.

FOR REFERENCE:
The provisions of Chapter 43 of the Labor Code of the Russian Federation apply to heads of organizations regardless of their organizational and legal forms and forms of ownership, with the exception of those cases when: the head of the organization is the only participant (founder), member of the organization, owner of its property; The organization is managed under an agreement with another organization (management organization) or an individual entrepreneur (manager).

Does the head of an organization (customer), who has been trained under 44-FZ, have the right to be a contract manager?

Article 38 of Federal Law No. 44-FZ of April 5, 2013 “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) speaks, in particular, about the contract manager .

According to Federal Law 44, the organization must have a contract service or a contract manager. How many contract managers can be appointed in one budget organization? I. what is the maximum number of members of the contract service?

Article 38 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" (hereinafter referred to as Law No. 44-FZ) regulates the creation and functioning of the contract service and contract manager.

So, if the total annual volume of purchases of the Customer exceeds 100 million rubles, then in accordance with clause 1 of Art. 38 of Law No. 44-FZ, he MUST create a contract service. The contract service does not have to be a structural unit of the customer (Part 1, Article 38 of Law No. 44-FZ). However, it must operate 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 (Part 3 of Article 38 of Law No. 44-FZ). Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631 approved the Standard Regulations on contract service.
This Standard Provision stipulates that the structure and number of the contract service is determined and approved by the customer, but cannot be less than two people (clause 7 of the Standard Provision). Those. the minimum number of contract service personnel is indicated; the maximum number is not legally limited and is determined by the customer independently.

If the total annual volume of procurement does not exceed 100 million rubles, the Customer has the RIGHT OF CHOICE - either to create a contract service or to appoint a contract manager - an official responsible for procurement, including the execution of each contract (clause 2 of article 38 of Law No. 44 -FZ).

At the same time, within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, we can conclude that the contract manager is the person responsible for carrying out a specific purchase or several purchases. It is this person who must be indicated as the contract manager in the documentation placed when purchasing in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, clause 6, part 5, article 80, clause 8, part 6, article 83 of Law No. 44-FZ). We were unable to find in Law No. 44-FZ a prohibition on the appointment of different persons as contract managers responsible for various purchases. The only limitation is the presence of 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 6 of Article 38, Part 23 of Article 112 of Law No. 44-FZ).

However, we believe that in a situation where several officials are appointed responsible for the implementation of one procurement, the actions of the customer can be qualified as the creation of a contract service, which, as noted above, must act in accordance with the Model Regulations on the Contract Service (approved. Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631).

FOR REFERENCE:
On the formation of a contact manager.

Contract service employees and contract managers must have higher education or additional professional education in the field of procurement (Part 6, Article 38 of Law No. 44-FZ). UNTIL January 1, 2016, a contract service employee or contract manager may be a person with 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 (Part 23 of Article 112 of Law No. 44 -FZ).

As the Ministry of Economic Development of Russia explains, AFTER January 1, 2016, all contract service employees, as well as the contract manager, must have higher education or additional professional education IN THE FIELD OF PURCHASING. This applies to state and municipal employees whose job regulations include responsibilities in the field of procurement. They are required, before January 1, 2016, to undergo professional training or advanced training under additional professional education programs in the field of procurement (see letter of the Ministry of Economic Development of the Russian Federation dated September 23, 2013 No. D28i-1070).

Does Federal Law No. 44 apply to subsidies?

According to Part 1 of Art. 15 of the Federal Law of 04/05/2013 N 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) - budgetary institutions make purchases using subsidies provided from budgets of the budget system of the Russian Federation, and other funds in accordance with the requirements of this Federal Law, except for the cases provided for in parts 2 and 3 of this article.

If there is a legal act adopted by a budgetary institution in accordance with Part 3 of Article 2 of the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities” and posted before the beginning of the year in a unified information system, this The institution has the right to carry out in the relevant year, in compliance with the requirements of the specified Federal Law and legal act, procurement:

at the expense of grants transferred free of charge and irrevocably by citizens and legal entities, including foreign citizens and foreign legal entities, as well as international organizations that have received the right to provide grants on the territory of the Russian Federation in the manner established by the Government of the Russian Federation, subsidies (grants) provided on a competitive basis from the relevant budgets of the budget system of the Russian Federation, unless otherwise established by the conditions determined by the grant givers;
as a contractor under a contract in the event that other persons are involved on the basis of a contract during the execution of this contract to supply goods, perform work or provide services necessary to fulfill the obligations of this institution under the contract;
at the expense of funds received when carrying out other income-generating activities from individuals and legal entities (with the exception of funds received for the provision and payment of medical care under compulsory health insurance) (Part 2 of Article 15 of Law No. 44-FZ).

The decision taken by a budgetary institution to carry out the procurement specified in paragraphs 1 - 3 of part 2 of this article in the manner established by this Federal Law, or in accordance with the Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services of certain types legal entities" cannot be changed in the current year (Part 3 of Article 15 of Law No. 44-FZ).

Which Federal Law (44 or 223) should autonomous healthcare institutions be guided by when making purchases from the Mandatory Health Insurance Fund?

First of all, we note that Federal Law No. 44-FZ of April 5, 2013 “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) should come into force only from January 1, 2014. Therefore, there is no law enforcement practice on its use, and, as far as we know, no official clarifications on this issue have yet been issued. Accordingly, we can only express our opinion on the interpretation of the provisions of this Law.

From January 1, 2014, an autonomous institution must be guided by the provisions of Law No. 44-FZ only in the cases listed in Part. 4 and 6 tbsp. 15 of this Law.

As stated in clause 3, part 1, art. 1 of Law N 44-FZ, this Law regulates relations aimed at ensuring state and municipal needs, in part relating, in particular, to the conclusion of civil contracts for the supply of goods, performance of work, provision of services on behalf of the Russian Federation, a subject of the Russian Federation or a municipal education, as well as a budgetary institution (hereinafter referred to as contracts). Other legal entities enter into contracts in accordance with the provisions of Law No. 44-FZ only in the cases listed in Part. 1, 4 and 5 tbsp. 15 of Law No. 44-FZ.

So, by virtue of Part 4 of Art. 15 of Law No. 44-FZ, the provisions of this Law regulating relations for planning procurement, identifying suppliers (performers, contractors) and concluding contracts, apply to autonomous institutions when planning and carrying out purchases using funds from the budgets of the budget system of the Russian Federation provided to such institutions in in accordance with the Budget Code of the Russian Federation and other regulatory legal acts governing budgetary legal relations, for capital investments in state and municipal property. At the same time, in relation to such procurements, the provisions of Law No. 44-FZ are applied, regulating procurement monitoring, audit in the field of procurement and control in the field of procurement.

In addition, if, in accordance with the Budget Code of the Russian Federation or other regulatory legal acts regulating budget legal relations, state bodies, management bodies of state extra-budgetary funds, local government bodies that are state or municipal customers transfer their powers to carry out procurement free of charge on the basis of contracts (agreements) to autonomous institutions, such institutions, within the limits of delegated powers, carry out, through the said bodies, the procurement of goods, works, services in accordance with the provisions of Law No. 44-FZ, which regulate the activities of state and municipal customers (Part 6 of Article 15 Law No. 44-FZ).

In all other cases, the provisions of Law No. 44-FZ do not apply to autonomous institutions.

Article 94 of Law No. 44-FZ provides for a mandatory examination based on the results of each stage of contract execution. The delivery of individual food products (bread, dairy products) to our institution is carried out every day with the issuance of a waybill and invoice. Is it necessary to carry out an examination of the delivered goods with each delivery?

Yes, acceptance of goods is an element of contract execution in accordance with the provisions of Art. 94 of Law No. 44-FZ. When making a purchase, an examination of the results stipulated by the contract is always carried out, regardless of the method of determining suppliers and the frequency of stages of contract execution. Law No. 44-FZ lists cases of mandatory involvement of experts or expert organizations on the basis of an agreement (Part 4, Article 94 of Law No. 44-FZ). The case you described is not included in such a list, therefore in this situation you have the right to conduct an examination on your own.

In the All-Russian Classifier of Worker Professions, Employee Positions and Tariff Classes OK 016-94 (OKPDTR), approved by Decree of the State Standard of Russia of December 26, 1994 No. 367, there is no position of “Contract Manager”. How then can a person be appointed to this position and what should be indicated in the appointment order and work book?

The labor legislation of the Russian Federation does not provide for mandatory assignment of a position to OKPDTR. To be appointed as a contract manager, it is sufficient to introduce a new position into the organization’s staffing table, develop a job description for the bankruptcy manager, and issue a corresponding order. We draw your attention to the fact that the sequence of actions should be exactly this, since it is impossible to assign an employee to a position that is not in the staffing table. It is permissible to use the wording “on the appointment of an official responsible for procurement (contract manager)” in the order.

However, Part 5 of Art. 144 of the Labor Code of the Russian Federation obliges state and municipal institutions to be guided by a unified tariff and qualification directory of jobs and professions of workers, as well as a unified qualification directory of positions of managers, specialists and employees. The position “contract manager” is not yet available in these directories. Before changing these documents, it is preferable, in order to protect yourself from the claims of the inspection body, to choose another position that is suitable in terms of functionality (for example, “legal adviser”) and indicate in its job description the full list of functions and powers given in Part 4 of Art. 38 of Law No. 44-FZ.

There are three possible options for appointing a contract manager:

hiring a new employee for the position of contract manager (or other position with similar functionality) with the conclusion of an employment contract;
transfer of an employee to the position of contract manager (or other position with similar functionality) with the conclusion of an agreement to change the terms of the employment contract determined by the parties;
combination of positions by an employee of an organization according to the rules of Art. 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, an additional payment is made to the employee, and appropriate changes are made to his job description).

system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ) speaks, in particular, about the contract manager.

So, according to Part 2 of Art. 38 of Law No. 44-FZ establishes that 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, the customer appoints an official responsible for carrying out the purchase or several purchases, including execution of each contract - contract manager.

Within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, we can conclude that the contract manager is the person responsible for carrying out a specific purchase or several purchases. It is this person who must be indicated as the contract manager in the documentation placed when purchasing in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, clause 6, part 5, article 80, clause 8, part 6, article 83 of Law No. 44-FZ). Law No. 44-FZ does not contain restrictions on the circle of officials who could perform the functions of a contract manager. The only limitation is the presence of 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 6 of Article 38, Part 23 of Article 112 of Law No. 44-FZ).

In a situation where we are talking about supplementing the labor function of an already working employee with new responsibilities, such addition can be made in the manner provided for in Art. 72 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), by concluding an additional agreement to the employment contract.

However, it is necessary to take into account the special status of the head of the organization.
The specifics of regulating the work of the head of an organization are established in Chapter 43 of the Labor Code of the Russian Federation. The provisions of this chapter apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, with the exception of those cases where: the head of the organization is the only participant (founder), member of the organization, owner of its property; The organization is managed under an agreement with another organization (management organization) or an individual entrepreneur (manager).

Regulations ch. 43 of the Labor Code of the Russian Federation does not prohibit a manager from combining positions in the organization he leads. However, federal laws, regulatory legal acts of constituent entities of the Russian Federation, municipalities, and the charter of an institution may provide for restrictions on the combination of positions by a manager. Thus, the charter may provide that the head of the institution does not have the right to carry out any activities other than managing the current activities of the organization. The provision for this prohibition must be enshrined in the employment contract concluded with the manager.

Consequently, if there are no restrictions in the concluded employment contract, additional work in the order of combining professions is entrusted to the manager by a person authorized to change the terms of his employment contract in accordance with the organization’s charter (the founder, or the owner of the institution’s property, or another authorized person), with the consent of the employee and with indicating a specific period, amount of additional payment, range of work performed.

Please note that, in accordance with Art. 276 of the Labor Code of the Russian Federation - the head of an organization cannot be a member of the bodies performing the functions of supervision and control in this organization.

I CONFIRM:

Head of the department for work with settlements

Liskinsky administration

Job description of the head of the contract service department

1. General Provisions

1.1. The position of head of the contract service department belongs to the leading group of positions included in the Register of municipal service positions of the Liskinsky municipal district of the Voronezh region and reports directly to the head of the department for work with settlements.

1.2. The appointment and dismissal of the head of the contract service department is carried out by order of the head of the department for work with settlements.

1.3. A person who has a higher professional education or additional professional education in the field of procurement, as well as work experience in this field of at least three years, is accepted for the position of head of the contract service department.

1.4. The head of the department must meet the following qualification requirements:

I. To the level of professional education:

Availability of higher professional education.

II. To the experience of municipal service (civil service) or work experience in the specialty necessary to perform official duties.

Experience in municipal service (civil service) of at least two years or work experience in the specialty for at least three years.

III. To the professional knowledge and skills of municipal employees:

Communication skills.

IV. The head of the contract service department must know:

The Constitution of the Russian Federation, civil, budget 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 well as other regulatory legal acts in the field of procurement of goods , works, services to meet state and municipal needs, the needs of budgetary institutions;

General principles of procurement for state, municipal needs, and the needs of budgetary institutions;

Basic principles, concepts and processes of the procurement system;

A procurement system for state, municipal needs, and the needs of budgetary institutions in the context of social, political, economic processes of the Russian Federation;

Planning methods for procurement;

The procedure for preparing and posting notices of procurement, procurement documentation and draft contracts (agreements) in the unified information system, preparing and sending invitations to participate in identifying suppliers (contractors, performers) in the ways provided for by 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";

The procedure for procurement, including the conclusion of contracts (agreements);

Criteria for evaluating applications for participation in the competition, comparative analysis of methods for evaluating applications for participation in the competition;

Efficiency of placing orders for state, municipal needs, and the needs of budgetary institutions;

3.2.2. Make proposals to senior management to improve their work.

3.2.3. Require the management of the organization to provide assistance in the performance of their professional duties and the exercise of rights.

3.2.4. Develop and submit for consideration to the administration management issues of structural changes in the department, improving work organization and increasing work efficiency.

3.2.5. To provide organizational and technical conditions necessary for the performance of official duties.

3.2.6. In agreement with the administration management, send materials related to the activities of the department to the government of the Voronezh region, law enforcement, tax and other authorities.

3.2.7. Request and receive from other departments of the administration, enterprises, organizations and institutions materials necessary to resolve issues within the competence of the department.

3.2.8. Participate in meetings and conferences held by the administrations of the Liski municipal district, the urban settlement of the city of Liski and the settlements of the district and the Council of People's Deputies of the Liski municipal district.

3.3. Receive information and documents necessary to perform your job duties.

3.4. Improve your professional qualifications.

3.5. Other rights provided for by labor legislation.

3.6. The head of the department, in accordance with his competence, has the right to participate in the preparation (discussion) of the following projects:

procurement plans;

schedule plans;

other acts of a non-normative (organizational and administrative) nature on issues provided for by the legislation 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, the needs of budgetary institutions.

3.7. Represent the administration of the Liskinsky municipal district on issues within its competence.

3.8. The head of the department, in accordance with his competence, is obliged to participate in the preparation (discussion) of the following projects:

development of job descriptions for department specialists,

provisions on contract service;

vacation schedule for contract service employees;

other acts on behalf of the immediate supervisor (___________________).

3.9. In accordance with his official duties, the head of the department makes decisions within the time limits established by legislative and other regulatory legal acts of the Russian Federation.

4. Responsibility

The head of the contract service department is responsible for:

4.1. For failure to perform or improper performance of their job duties as provided for in this job description - within the limits determined by the current labor legislation of the Russian Federation.

4.2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.

4.3. The head of the contract service department is personally responsible for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement and regulatory legal acts governing relations relating to:

planning the procurement of goods, works, services;

identification of suppliers (contractors, performers);

concluding a civil contract;

features of execution of contracts (agreements);

monitoring procurement of goods, works, services;

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

control over compliance with the legislation of the Russian Federation.

4.4. Actions and inactions leading to violation of the rights and legitimate interests of citizens.

4.5. Failure to maintain state secrets, as well as disclosure of information that became known to him in connection with the performance of official duties.

4.6. Personal responsibility for unauthorized use of illegal software.

5. Procedure for official interaction

5.1. The interaction of the head of the contract service department with citizens and organizations is built within the framework of business relations on the basis of general principles of official conduct, as well as in accordance with other regulatory legal acts of the Russian Federation and the regulations on contract service.

6. Indicators of efficiency and effectiveness of professional work activities

6.1. The effectiveness of the professional performance of the head of the contract service department is assessed 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;

timeliness and efficiency of execution of instructions;

the quality of the work performed (preparation of documents in accordance with established requirements, complete and logical presentation of the material, legally competent drafting of the document, 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 implementation of assigned tasks, the ability to rationally use working time, and set priorities;

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

awareness of responsibility for the consequences of one's actions.

The job description was developed in accordance with the Regulations on the Contract Service Department.

Administration Manager _________

Head of Legal Service ________

________ has read the job description

Job descriptions taking into account professional standards 2016-2017

Sample job description for head of contract service

A sample job description is compiled taking into account the professional standard Procurement Specialist

1. General Provisions

1.1. A person who has:

1) higher education (specialist’s degree, master’s degree), additional professional education in advanced training programs or professional retraining programs in the field of procurement;

2) work experience in procurement for at least 4 years.

1.2. The head of the contract service must know:

1) requirements of the legislation of the Russian Federation and regulations governing activities in the field of procurement;

2) the basics of civil, budget, land, labor and administrative legislation as they apply to procurement;

3) basics of antimonopoly legislation;

4) economic principles of pricing;

5) the basics of accounting as applied to procurement;

6) basic statistics as they apply to procurement;

7) features of pricing in the market (by area);

8) features of drawing up procurement documentation;

9) the procedure for establishing price-forming factors and identifying quality characteristics that affect the cost of goods, works, services (by area);

10) law enforcement practice in the field of logistics and procurement activities;

11) methodology for conducting:

Checking (examination) of the procurement procedure and documentation;

Examination of the compliance of the results provided for in 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 inspection (examination) of the procurement procedure and documentation;

13) features of preparing documents for claims work;

14) ethics of 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 head of the contract service must be able to:

1) use computer and other auxiliary equipment, communications and communications equipment;

2) negotiate, analyze data on the progress of fulfillment of obligations;

3) organize and conduct procedures for attracting experts and expert organizations;

4) check the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;

5) apply liability measures 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 to examine (check) the compliance of the results provided for in the contract with the terms of the contract;

7) draw up and execute documents based on the results of the inspection;

8) ……… (other skills and abilities)

1.4. The head of the contract service is guided in his activities by:

1) Federal Law of 04/05/2013 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 07/18/2011 N 223-FZ "On the procurement of goods, works, services certain types of legal entities", Federal Law of December 2, 1994 N 53-FZ "On the purchase and supply of agricultural products, raw materials and food for state needs";

2) ……… (name of the constituent document)

3) Regulations on ……… (name of structural unit)

4) this job description;

5) ……… (names of local regulations regulating labor functions by position)

1.5. The head of the contract service reports directly to ……… (name of the manager’s position)

1.6. The head of the contract service manages ……… (name of the structural unit or area of activity within which the group of subordinate employees is organized)

1.7. ……… (other general provisions)

2. Labor functions

2.1. Examination of procurement results, contract acceptance:

1) checking compliance with the terms of the contract;

2) checking the quality of the goods, works, and services presented.

2.2. Management of subordinate employees.

2.3. ……… (other functions)

3. Job responsibilities

3.1. The head of the contract service performs the following duties:

3.1.1. As part of the labor function, checking compliance with the terms of the contract:

1) receives information about the progress of fulfillment of the obligations of the supplier (contractor, performer), including about difficulties arising during the execution of the contract;

2) checks the accuracy of the information received on the progress of fulfilling the obligations of the supplier (contractor, performer), including difficulties arising during the execution of the contract;

3) organizes the acceptance procedure for individual stages of contract execution and creates an acceptance commission;

4) attracts experts and expert organizations to conduct an examination of the goods supplied, work performed or services rendered;

5) interacts with the supplier (contractor, performer) when changing or terminating the contract;

6) applies liability measures and takes other actions in the event of a violation by the supplier (contractor, performer) of the terms of the contract, including organizing inclusion in the register of unscrupulous suppliers.

3.1.2. As part of the labor function, checking the quality of goods, works, and services presented:

1) checks the compliance of the results provided for in 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 procedures for acceptance of the delivered goods, work performed (its results), services provided and creates an acceptance commission;

4) attracts third-party experts or expert organizations to examine (check) the compliance of the results provided for in the contract with the terms of the contract;

5) prepares materials for the consideration of cases of appealing the actions (inaction) of the customer and for performing claim work;

6) draws up and executes documents based on the results of the inspection.

3.1.3. As part of the labor function, management of subordinate employees:

1) distributes labor functions and official tasks among subordinate employees and exercises control over their implementation;

2) provides subordinate employees with advisory support, gives explanations and instructions within the framework of the performance of labor functions by subordinate employees;

3) ensures compliance with labor legislation and labor protection legislation in relation to subordinate employees, creation of working conditions that meet established requirements;

4) resolves conflict situations between subordinate employees;

5) ……… (other duties)

3.1.4. As part of the performance of his job functions, he carries out instructions from his immediate supervisor.

3.1.5. ……… (other duties)

3.2. When performing his duties, the leading procurement specialist must comply with the following ethical standards:

1) maintain confidentiality of information;

2) comply with the ethics of business communication;

3) take an active position in the fight against professional dishonesty;

4) not to disclose materials of working research;

5) not create conflict situations in the workplace;

6) do not commit actions that discredit the profession and reputation of colleagues;

7) prevent slander and dissemination of information discrediting other organizations and colleagues.

3.3. ……… (other provisions on job responsibilities)

4. Rights

The head of the contract service has the right:

4.1. Participate in discussions of draft decisions of the organization’s management, in meetings on their preparation and implementation.

4.2. Request clarifications and clarifications from your immediate supervisor regarding these instructions and assigned tasks.

4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information and documents necessary to carry out the assignment.

4.4. Get acquainted with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.

4.5. Submit proposals for the organization of work within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in discussions of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The head of the contract service is held accountable:

For improper performance or failure to fulfill one’s official duties provided for in 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 activities - in the manner established by the current administrative and criminal legislation of the Russian Federation;

For causing damage to the organization - in the manner established by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description has been developed on the basis of the Professional Standard “Procurement Specialist”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ……… (details of local regulations of the organization)

6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).

The fact that the employee has familiarized himself with this job description is confirmed by ……… (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; in another way)

6.3. ……… (other final provisions).

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drawing up and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

To create a service, you need to prepare and adjust a number of documents:

Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
Register a standard resolution on the division of service under contracts;
Create labor regulations and approve them;
Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

With a separate structural department;
Without a separate structural department;
Creation of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting government procurement transactions depends on the amount of annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between forming a contract service or hiring a person to serve as a contract manager. This is the person responsible for conducting public procurement or procurement, including monitoring the execution of all procurement contracts. (Article 38.part 2).

Consequently, the customer’s right or obligation to form a new department, or hire a manager, is determined by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person under 44 Federal Laws or is this a violation of the law?

Read Federal Law-257 “On highways and road activities in the Russian Federation”

The number of contract services under 44 Federal Laws must be at least two full-time units. The number and positions of employees are approved by the customer. Who can be an employee in this department? It is possible to hire and dismiss an employee in the contracts department by order of the chief customer or the person replacing and performing his powers. The department is headed by the head of the contractual unit appointed by the customer. If the service was not created as a separate division, it is headed by the deputy head of the enterprise.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from the link.

Responsibilities and functions

The responsibilities of the contract service under 44 Federal Laws are to carry out government procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with an audit of the effectiveness of the implementation of the contract requirements by the parties to the transaction. Full list of service responsibilities:

Development of a procurement scheme;
Selection of transaction participants at all levels;
Signing contracts and their implementation;
Work with claims and claims from parties to the transaction.

Requirements for contract service

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of Federal Law 44. According to this paragraph, employees and managers, including, are required to have a higher or additional professional degree. education, take professional qualification courses in the field of public procurement. These standards have been made mandatory since January 2016. The period of retraining and studying retraining programs takes from 16 to 250 working hours.

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” by following the link.

This is a group of customer officials who work in the field of government procurement and perform on an ongoing basis the functions of carrying out all government procurement (Parts 1 and 4 of Article 38 of Law No. 44-FZ). Such a service must have a director.

A contract service is created if the total annual volume of orders, in accordance with, exceeds 100 million rubles (Part 1 of Article 38 of 44-FZ). Customers with a small annual volume of government procurement are not required to create an entire service. If it is absent and the total annual volume of orders does not exceed 100 million rubles, it is necessary to appoint only one specialist to manage public procurement.

What does a contract manager do?

One service employee may be assigned only part of the procurement responsibilities, such as planning. And the responsibilities of a contract manager under 44-FZ cannot be distributed among several specialists depending on the stage of the procurement; all of them are performed by one specialist from the beginning of planning the order until the execution of the contract under it.

The functions of purchasers can only be assigned to employees who have an employment or official relationship with the customer, and also have professional education in this field.

Documents that regulate activities

In their activities, contract managers are guided by the Constitution of the Russian Federation, civil and budget legislation, regulatory legal acts, regulations (regulations) on the contract service of the customer-employer. The general requirements are determined by Law No. 44-FZ and the Model Regulations (regulations), which were approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

The form for making a decision on the creation of a service is not established by Law No. 44-FZ. In practice, it is formalized by order of the management of the customer organization. Also, the customer’s manager is obliged to develop and approve his own regulations (regulations) based on the Model Regulations.

The legislation does not oblige the approval of any documents that will regulate the activities of the procurement manager. There are no recommended forms for use yet. For example, a standard job description for a contract manager of a budget institution has not been developed.

When hiring an employee who will be assigned the responsibilities of a manager on an ongoing basis, or when assigning such duties to an employee who has not previously performed them, the customer must define the functions and powers of the employee in the employment contract, job description or regulations.

Sample regulations on the creation of a contract service

Sample order for the appointment of a manager

Job responsibilities

Both the service and the contract manager for public procurement organize the entire cycle of public procurement: from planning to the fulfillment of all obligations under the contract, including payment for goods, services rendered, and work performed.

Let's look at the main job responsibilities that are established by the law on the federal contract system (part 4 of article 38 44-FZ) and Model Regulation No. 631 (clauses 11, 13).

When planning procurement, responsible contract specialists of the customer:

develop planning documentation (procurement plan and schedule), and prepare changes to them (if necessary);
place the procurement plan, schedule and changes made in the Unified Information System;
prepare documentary justification for procurement;
conduct and take part in consultations with suppliers to further determine the state of the competitive environment in the markets for goods, works, services, select the best technologies and optimal solutions to meet the customer’s needs.

When organizing procurement, contract specialists are responsible for:

development and placement of notices, procurement documentation and draft contracts in the Unified Information System;
generation and distribution of invitations to participate in the selection of suppliers through closed means;
calculation and justification of the NMCC;
organization of mandatory public discussion of procurement;
ensuring the work of the procurement commission;
involvement of expert organizations and individual experts.

When conducting procurement, persons responsible for procurement:

directly carry out procurement and further conclusion of contracts;
study bank guarantees;
take part in the consideration of cases of appealing the results of procurement procedures.

In the process of concluding and executing contracts, contract specialists of the customer are obliged to:

ensure the conclusion of the contract;
organize the acceptance of goods or results of work performed, services provided, including individual stages;
authorize the examination;
create an acceptance committee;
ensure payment to the supplier.

In case of change and termination of the contract, the manager or employees of the contract service:

contact the performer;
include information about an unscrupulous supplier in the RNP;
send demands to the contractor for payment of penalties;
organize payment under a bank guarantee;
ensure the collection of all necessary materials for further claims work.

As you can see, the list is not closed and can be expanded and supplemented based on the needs of the customer. The functions in the preparation and implementation of procurement are listed in more detail in the Standard Regulations.

If a contract manager is appointed in an organization, job responsibilities are assigned to such an employee both in accordance with the position he occupies and in accordance with his appointment to this position.

Example of a job description

Responsibility

The responsibility of the contract manager and contract service employees is specified in Part 1 of Art. 107 No. 44-FZ. All employees involved in the procurement process of the customer organization bear the following types of liability for offenses committed:

administrative;
disciplinary;
civil law;
criminal.

If the regulatory authorities, during inspections or work on a complaint, identify significant violations of the legislation regulating public procurement, then a case of administrative offense may be opened against the responsible employees (Clause 1, Part 22, Article 99 of Law No. 44). Such workers will be fined as officials (Articles 7.29-7.32, 7.32.5, Parts 7 and 7.1, Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation).

In this case, the customer can receive:

submission on eliminating the causes and conditions for the commission of administrative offenses (clause 1, part 22, article 99 44-FZ, article 29.13 of the Code of Administrative Offenses of the Russian Federation);
an order to eliminate violations, mandatory for execution (clause 2, part 22, article 99).

Persons responsible for procurement bear disciplinary liability in case of violation of the current legislation of the Russian Federation and improper performance of their duties. At the same time, Law No. 44 does not contain direct instructions on the procedure for bringing this group of people to disciplinary action. Therefore, if the need for punishment arises, the customer must be guided by the current labor legislation.

Also, the law on the federal contract service does not specify regulations on bringing procurement service employees to civil liability. The procedure for enforcing the norms of such liability occurs in accordance with general principles.

There is the following rule: if the customer organization compensated third parties for harm caused by unlawful actions by employees of procurement services (Article 1068 of the Civil Code of the Russian Federation), then such a customer has the right to make a return claim against the violators (Clause 1 of Article 1081 of the Civil Code of the Russian Federation).

Criminal liability arises if such an employee commits dangerous and illegal acts, as well as abuses his powers in the field of public procurement (Article 200.4 of the Criminal Code of the Russian Federation).

What has changed since 01/01/2019

The year 2019 did not bring the need to develop a regulation on the contract manager. For the appointment, the decision of the customer is still sufficient: an order or instruction to appoint an employee as a manager with the assignment to him of the functions that are established by the requirements of Part 4 of Art. 38 of Law No. 44-FZ.

From January 1, 2019, the contract manager can no longer be absolutely any person working in the customer organization. Service employees and contract managers must have higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient.