Contract service and contract governing clauses. Educational requirements for contract service employees. What are the main responsibilities

One of the innovations that the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services” provides for customers will be the need to create contract services and assign contract managers. These institutes are intended to embody the principle of customer professionalism in

Conditions for creating a contract service and appointing a contract manager

Parts 1 and 2 of Article 38 of 44-FZ regulate in which cases customers undertake to form contract services, and in which - to appoint contract managers.

So, according to this article of the Law on the Contract System, customers whose total annual procurement volume, according to the procurement plan, exceeds 100 million rubles, are required to create contract services.

Customers whose total annual purchase volume, according to schedule amounts to less than 100 million rubles(in the absence of a contract service) are required to appoint an official who is responsible for the implementation of one or more purchases, as well as the execution of each concluded. Such an official is called a contract manager.

It is incorrect to understand that these standards do not allow customers whose total annual purchase volume does not exceed 100 million rubles to create contract services. For customers in this category, the creation of contract services is not mandatory.

If the customer chooses not to create contract service, but to appoint a contract manager, in this case a contract manager can be appointed to carry out both one and several purchases. In this case, the customer has the right to appoint several contract managers, each of whom will oversee a separate purchase or a separate sector.

Functions performed by the contract service

The functionality of the contract service is described in detail in Part 4 of Article 38 of 44-FZ. Part 3 of Article 38 of 44-FZ regulates that the contract service is obliged to act in accordance with the regulations (regulations) created and approved on the basis of the standard regulations (regulations) established by the federal executive body that regulates the contract system in the field of procurement.

The corresponding act approving the standard regulations (regulations) on contract service was adopted in September 2013.

Job description of the contract manager and powers of the contract service

Making a plan and procurement schedule and making changes to it, posting the procurement schedule plan, as well as changes made to them in the UIS (unified information system);

Preparation and placement in the UIS (unified information system) of procurement notices, procurement documentation and draft contracts, as well as preparation and distribution of invitations to potential suppliers to participate in closed procurement procedures;

Ensuring the implementation of procurement, including the conclusion of contracts;

Taking part in the consideration of cases of appealing the results of procurement procedures, preparing materials for working with claims;

Work at the procurement planning stage: if necessary, organizing consultations with suppliers, direct participation in such consultations, in order to draw conclusions about the state of the competitive environment in certain markets for goods, works and services, searching for optimal solutions to meet the needs of the state and municipality;

Other powers regulated by Federal Law dated April 5, 2013 N 44-FZ.

When centralizing procurement, the contract service or contract manager assumes those powers that have not been transferred to the relevant authorized body or institution, and bears responsibility within the limits of their powers. This means not only administrative (corresponding amendments will be made to the Code of Administrative Offenses of the Russian Federation), but also disciplinary liability.

It is important to note that the list of powers of the contract service or contract manager is not closed.

The law does not prohibit the contract service or its individual employees, as well as contract managers, from carrying out other duties not directly related to procurement trading platform. In this regard, a full-time lawyer, for example, can simultaneously be an employee of the contract service and perform his immediate duties: conduct claims work that is in no way related to the execution of contracts.

Both contract workers and contract manager must have a higher or additional specialized education in the field of procurement (the corresponding article of the Federal Law will come into force in 2016).

In its activities, the contract service of a budgetary institution must be guided by the following legal norms and regulatory legal acts of the Russian Federation:

1. The Constitution.

2. Civil legislation.

3. Budget legislation.

4. Federal Law No. 44-FZ.

5. Other regulatory legal acts.

In addition, contract service employees are guided by the Standard Regulations approved by the Ministry of Economic Development of the Russian Federation by order No. 631 dated October 29, 2013

The Regulations outline the basic principles for creating a contract service, as well as the procedure for its functioning when planning, procurement carried out for state and municipal needs:

1. Contract service employees must be qualified specialists, have knowledge of the theoretical basis and practical skills in the field of procurement.

2. Access to information about planning and procurement must be free for all interested parties, and the information must be reliable.

3. Contracts must be concluded on the most favorable terms, ensuring efficiency and high efficiency of procurement.

Law No. 44-FZ defines the goals of creating a contract system:

1. Increased efficiency of procurement for state and municipal needs.

2. Increased procurement efficiency.

3. Creation of a competitive environment.

4. Providing equal opportunities to market participants.

5. Ensuring transparency of procurement.

6. Prevention of abuse, in particular cases of corruption.

7. Creation of a unified information system in the field of procurement and ensuring free access to it for all interested parties.

Whether all the identified goals will be achieved can be predicted by studying the Regulations, especially the paragraphs regulating the functions and powers of employees. Despite the breadth of these powers, almost every step is subject to comprehensive control.

Paragraph 6 of the Regulations lists possible ways to create a contract service:

*as a separate structural unit,

*as a group of employees approved by the Customer performing all functions of the contract service. In this case, a separate unit is not created (a service without the formation of a structural unit).

According to paragraph 7 of the document, the number of contract service cannot be less than two employees, and the maximum is determined by the Customer. The Customer's regulations may establish a condition that contract service employees do not have the right to simultaneously be members of the Customer's procurement commission.

When contract service is a separate division, its head is appointed by the Customer or an official performing his duties. An appointment order is issued. If a service is created without the formation of a structural unit, the duties of its head are performed by one of the deputy heads of the budgetary institution.

Formation of organizational structure is responsibility of the head of the contract service. Circle job responsibilities, the personal responsibility of each employee is determined taking into account the basic principle - increasing efficiency, increasing the effectiveness of procurement for state and municipal needs.

The duties themselves are regulated by the Regulations. The manager’s task is to effectively distribute them among employees in order to perform a number of functions and solve a set of problems:

Procurement planning.

Organization (at the planning stage) and conduct of consulting events with the participation of suppliers/contractors/performers. Participation in consultations in order to determine the most suitable technologies, the best solutions in the markets; monitoring the competitive environment.

Justification for procurement.

Justification of the maximum (starting) contract price.

Conducting public discussions on procurement (this item is mandatory).

Support (both technical and organizational) activities of procurement commissions.

Attracting competent specialists, experts, expert groups.

Preparation for posting of procurement documentation, notices of their implementation, draft contracts.

Working with bank guarantees: their consideration, organization of the movement of funds, payment under bank guarantees.

Conclusion of contracts.

Solving organizational issues regarding the acceptance of delivered products, work performed, and services provided. Monitoring the quality characteristics of products, works, services, in particular conducting examinations in accordance with the Federal Law.

Ensuring the creation of an acceptance committee. Monitoring the implementation of contract stages.

Solving financial issues: organizing the movement of funds to pay for products, work performed, services rendered.

Interaction with the supplier/contractor/performer during the preparation and implementation of contract changes, as well as its termination.

In case of failure to comply with the terms of the contract, organizing the entry of the violator into the register of unscrupulous suppliers, as well as the dissemination of information about the violator in accordance with the regulations.

When penalties specified in the contract are calculated, a demand for payment of a penalty is sent to the party that violated the terms.

Preparation of materials for carrying out work on claims, participation in the consideration of such, as well as in cases of appealing actions.

According to the Regulations, regulations are drawn up that prescribe the procedure for the actions of contract service employees, as well as the procedure for the service’s actions when interacting with other departments budgetary organization, supervisory commission. The regulations are approved by the Customer.

Procurement planning

When planning procurement, the functions of the contract service include:

Development of a procurement plan. Preparing changes to be included in the plan.

Placing the procurement plan, as well as changes made to it, in the Unified Information System.

Posting the procurement plan on the Customer's official website on the Internet. Organizing the publication of the procurement plan in print media.

Preparation of justification for procurement.

Development schedule, preparation of changes and their introduction.

Publication of the schedule and changes made in the unified information system.

Resolving organizational issues regarding approval of the procurement plan and schedule.

Determination of the starting price of the contract, as well as the price of the contract concluded with a single supplier.

Defining suppliers

When determining suppliers/contractors/performers, the contract service:

1. Selects a method for identifying suppliers/contractors/performers.

2. As part of the justification, clarifies the contract price, as well as its justification in:

a) tender documentation,

b) notices of procurement,

c) invitations to participate in identifying suppliers closed in a way

d) documentation about the auction.

3. As part of the justification, clarifies the price of the contract concluded with a single supplier.

4. Prepares procurement notices, relevant documentation (not including a description of the purchased item), draft contracts, as well as changes in procurement notices, relevant documentation, and invitations to participate in the identification of suppliers/contractors/performers in a closed manner.

5. Prepares minutes of commission meetings based on the decisions it makes.

6. Prepares a description of the procurement object.

7. Resolves organizational and technical issues related to provision activities of commissions, in particular checks:

a) compliance with the requirements of current legislation for procurement participants supplying products, performing work, and providing services;

b) the procurement participant has the authority to conclude the contract;

c) the powers of the procurement participant as such: whether the legal entity has been liquidated;

d) whether there are any positive decisions of the arbitration court on the insolvency of a legal entity;

e) whether (as of the date of filing the application) the activities of the procurement participant have been suspended in accordance with any article of the Code of the Russian Federation on Administrative Offences;

f) whether the participant has unfulfilled tax obligations and budget debts;

g) whether the procurement participant is included in the register of unscrupulous suppliers;

h) the procurement participant has no criminal record for an economic crime;

i) the presence of exclusive rights to the result of intellectual activity;

j) whether the other requirements set out in Part 2 of Article 31 of Law No. 44-FZ have been met.

8. In accordance with the terms of the contract, engages a specialized organization to perform certain functions as determined by the supplier.

9. Provides benefits to organizations entitled to them in accordance with Articles 28-29 of Law No. 44-FZ (institutions of the penal system, societies and organizations of disabled people), regarding the proposed contract price.

10. Purchases in the proper volume from small businesses and socially oriented non-profit organizations, in particular, establishes a requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

11. Publishes procurement notices, appropriate documentation, draft contracts, protocols in the Unified Information System. Before the EIS is put into operation, publication is carried out on the official Internet website zakupki.gov.ru.

12. Publishes documentation in the media according to the decision of the head of the contract service.

13. Prepares and sends clarifications of the provisions of procurement documents. Clarifications can be made both in written and electronic form.

14. Provides security for envelopes or electronic documents containing applications for participation: safety, complete inviolability and confidentiality, consideration of received applications only after opening the envelopes or providing access to documentation in electronic form.

15. Provides the opportunity to be present at the opening of envelopes or opening access to electronic documents to all participants who submitted applications or their official representatives.

16. Provides the ability to review information about granting access in real time.

17. Organizes audio recording of the process of opening envelopes or opening access to electronic applications.

18. Ensures the storage of protocols drawn up during the procurement process, submitted applications for participation, proper procurement documentation, as well as all changes and clarifications, audio recordings of opening envelopes or opening access to applications submitted in electronic form, within the time limits established by law.

19. Involves expert groups and expert organizations into the work.

20. Conducts approval of the use of closed methods for identifying suppliers/contractors/performers in accordance with Part 3 of Article 84 of Law No. 44-FZ.

21. Sends the appropriate documentation to the relevant authorities for concluding a contract with a single supplier in the event that the procedure for identifying a supplier is declared unsuccessful.

22. Prepares a justification for the inappropriateness or impossibility of using other methods of determining the supplier/contractor/performer other than purchasing from a single supplier.

23. Prepares justification for the contract price and other significant points when purchasing from sole supplier.

24. Concludes contracts.

25. Participants who evade concluding a contract are included in the register of unscrupulous suppliers.

Performance, change of conditions, termination of the contract

If the conditions are met, changes, or termination of the contract, the functional responsibilities of the contract service include:

Ensuring acceptance of delivered products, work performed, services provided, including individual stages of the contract.

Organization of the movement of financial resources aimed at paying for products supplied, work performed, services rendered.

Interaction with the supplier/contractor/performer when making changes and terminating the contract.

Sending to the supplier/contractor/performer a demand for payment of penalties, imposed fines, accrued penalties in the event of failure to fulfill obligations under the contract, as well as taking other actions (in accordance with the legal norms of the legislation of the Russian Federation) if violations are committed by the supplier/contractor/performer terms of the contract.

Organization of examination of delivered products, performed works, rendered services with the involvement of competent persons - experts, expert organizations.

Work on the creation of an acceptance committee consisting of at least five members, the purpose of which will be the acceptance of delivered products, completed works, rendered services, and the results of the execution of individual stages of the contract.

Preparation of a document (acceptance certificate) on the results of the execution of individual stages of the contract, as well as a document on acceptance of products, work performed, services.

Placement in a unified information system of a report containing detailed information on the fulfillment of the terms of the contract, as well as its intermediate stages, and compliance with established deadlines. In case of violations, information about them is published, as well as about the sanctions applied to the violator. Before the unified information system is put into operation, publication is carried out on the official website zakupki.gov.ru. The exception is information classified as “state secret”.

Inclusion of suppliers/contractors/performers who violated the terms of the contract in the register of unscrupulous suppliers. All violators are subject to inclusion in the register, both those with whom the Customer refused to cooperate unilaterally, and those with whom the contract was terminated according to a court decision.

Drawing up a report on the volume of purchases made from small businesses and socially oriented non-profit organizations.

Publication of the report in the Unified Information System.

Other powers of the contract service provided for by law

Law No. 44-FZ provides for a number of other powers exercised by the contract service:

Organizing and conducting consulting events for suppliers/contractors/performers. Participation in these events in order to monitor the competitive environment, identify the best solutions, in particular technological ones, that contribute to increased efficiency in meeting state and municipal needs.

Organization of public discussions on procurement. This item is required. Based on its results, changes are subsequently made to the schedule and procurement documentation, including cancellation of the purchase, if required.

Participation in the approval of requirements for individual products, works, services, including their maximum possible prices. Placing information about approved requirements in a unified information system.

Participation in the consideration of cases on appealing the actions of the Customer and/or his inaction, in particular in the consideration of cases on appealing the determination of suppliers.

Preparation of appropriate materials for the implementation of claims work.

Development of draft contracts, in particular standard ones.

Development of standard terms and conditions of Customer contracts.

Checking bank guarantees received as collateral under a contract for their compliance with the requirements of current legislation.

Providing information about the refusal to accept bank guarantees to the person who provided them, with the obligatory indication of the fundamental reasons for the refusal.

Organization of the movement of financial resources aimed at payments under bank guarantees.

Organizing the return of funds contributed as security for the execution of applications or contracts.

In order to fully implement the listed functions and powers relating to planning, procurement, conclusion, modification, termination of contracts, interaction with suppliers/contractors/performers, and other powers, contract service employees are required to strictly comply with the requirements of Law No. 44-FZ, in particular the following:

Information obtained in the process of determining the supplier/contractor/performer is not subject to disclosure. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.

Negotiations with procurement participants are prohibited until the supplier/contractor/performer is identified. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.

The involvement of competent persons, experts, and expert organizations in the work is mandatory in cases provided for by the current legislation of the Russian Federation, in particular Law No. 44-FZ.

In accordance with Article 26 of Law No. 44-FZ, in order to centralize procurement, it is possible to create state, municipal bodies, government agencies authorized to identify suppliers. Powers may be delegated to one or more bodies. In such cases, the contract service exercises non-transferred functions and powers. Functions such as justification of purchases, establishment of the maximum (starting) contract price, determination of its terms, and signing of the document cannot be transferred to authorized bodies. Contracts are signed by Customers. The remaining functions are performed by contract service employees.

Functions and powers of the head of the contract service:

Distribution of responsibilities among service employees.

Submission of candidates for the position of contract service employee for consideration by the Customer.

Submission of proposals for the dismissal of a contract service employee for consideration by the Customer.

Exercising other powers provided for by Law No. 44-FZ.

At first glance, the list of functions of the head of a contract service is small. However, it is the correct distribution of responsibilities between employees and the correct choice of candidates for a particular position that determines how effectively the service will function. It is not in vain that such close attention is paid to the professionalism of the management team. From 2016, without a higher or additional specialized (advanced training, retraining, mastering a special program) education in the field of procurement, it will not be possible to hold the post of head of a contract service.

Let us recall that, according to paragraph 3 of the Regulations, a contract service is created without fail if the annual volume of purchases (corresponding to the schedule) of a budget institution exceeds 100 million rubles. If the annual procurement volume is less than 100 million rubles, the service can not be created by appointing a contract manager, or created by using the right to do so.

The document comes into force simultaneously with Law No. 44-FZ on January 01, 2014. The regulation contains the rules by which the contract service should operate, outlines the purposes of its creation, and regulates the functions and powers of the contract service. For several subparagraphs of the Regulations, other deadlines are established: subparagraphs 1-3 of paragraph 11, subparagraph 1 of paragraph 13 will come into force on January 1, 2015.

Subclause 1 of clause 11 - functions and powers: procurement planning. Effective January 1, 2015

Subclause 2 of clause 11 - functions and powers: organization of consulting events for suppliers/contractors/performers. Effective January 1, 2015

Subclause 3 of clause 11 - functions and powers: justification for procurement. Effective January 1, 2015

Subclause 1 of clause 13 defines the functions of the contract service in procurement planning. Effective January 1, 2015

Law No. 44-FZ, as well as these Regulations do not apply to:

International organizations whose activities are regulated by international treaties.

Institutions that ensure the safety of persons enjoying state protection in accordance with Law No. 119-FZ and Law No. 45-FZ.

Planning of purchases within the framework of defense orders is not subject to Law No. 44-FZ and these Regulations, but is regulated by Law No. 275-FZ.

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 event that 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 #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 vocational 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:

• Purchasing 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 the field of 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.

The topic of this article reveals the meaning of the contact service, the need to appoint a contract manager and a customer commission provided for by the innovations.

Procedure for creating a contract service

Article No. 9 of Federal Law No. 44 regulates the creation of a contract service, implies the appointment of a manager, and this is the responsibility of the municipal or state customer. This approach allows us to emphasize the high professional skills of the customer and ensures the quality of procurement, tenders and services for the supply of goods.

Such a service must be created in cases where the total volume of purchases per year, according to the schedule, is more than one hundred million rubles. There is no mandatory requirement to create a special unit in the structure of the organization; you can form a commission of employees from various departments and services.

Forms of organization of the CS

Possible forms of organizing the customer's contract service:

• a separate full-fledged structural unit in the form of a department or department;
• part of another already existing division, for example, contract service or legal department;
• in the form of a commission, which consists of employees of various departments and divisions, which is approved by the customer and fully performs the duties and functional tasks of the contract service.

The customer's contract service always operates and operates in accordance with the Regulations or regulations on contract service, which in turn are developed according to the Model Regulations approved by the Ministry of Economic Development of the Russian Federation.

Must be remembered that if there is a combination of job responsibilities of the organization’s employees in terms of their being part of the commission for maintaining contractual obligations, then it is worth adjusting the employee’s employment contract, as well as changing their job descriptions and regulations for carrying out activities, taking into account their stay in the contract service.

In situations where the customer’s volume of purchases during the year does not exceed one hundred million rubles, the creation of a contract service is not required, but there is a need to appoint a contract manager, which is regulated by Part 2 of 44-FZ.

Functions and tasks of the contract service

The functional tasks of both the contract service as a whole and the individual manager are in the high-quality and efficient implementation of all procurement procedures, from planning and tendering to the fulfillment of all obligations and clauses of the contract, including payment for work performed.

At the first stage, in which schedules are developed, the management service or contract manager puts all the necessary information in the Unified Information System, makes changes if necessary, answers questions and clarifies unclear points.

In addition to this responsibility, the contract service also justifies the purchase itself and its price when concluding a contract with one single supplier.

Basic functions

When identifying specific suppliers of goods or services, the contract service is assigned the following functions:

• Making a choice on exactly how to organize the purchase, clarifying the NMC, as well as the method of submitting the application.
• Drawing up various types of documentation, including projects and contract templates, minutes of meetings, notices of changes.
• Fully organizes and technically ensures competent and high-quality work of the commission when determining the winner of the procurement.
• If possible, ensure the provision of certain benefits for performers and small businesses, people with disabilities, social non-profit enterprises, as well as for bodies of the penitentiary system.
• Clear and clear explanations of points and provisions in the documentation attached to the subject of procurement.
• Maintaining complete safety of documentation related to the bidding and the work of the commission, including envelopes and audio recordings.
• Conducting approvals with the supplier, who is the only one involved in the bidding.
• Carrying out the signing of contract documents with procurement winners, as well as timely inclusion of unscrupulous suppliers in the RNP.

Responsibilities

In the event that contractual obligations have been fully fulfilled, as well as if the contract has been terminated or amended, the contract service accepts work or services, makes payment of funds, and also, if necessary, organizes an examination of the work. At the same time, the contract service carries out close interaction with the supplier; in case of improper fulfillment of contractual obligations, it enters it into the RNP, and when the contract is executed, it places a corresponding report in the Unified Information System.

The responsibilities of the contract service also include organizing consultation issues with the supplier, mandatory hearing and public discussion of the subject of the tender, checking the reliability and quality of bank guarantees and informing about decisions on them, at the end of the procedure, returns the collateral and makes payment of money under the guarantees.

Customer commissions

For the competent and high-quality organization of procedural processes when determining service providers, the customer creates a commission, which is collegial in nature and carries out certain fictions when bidding is carried out on a competitive basis. If there is only one service provider, then the creation of a commission is not required, which is stipulated by part 1 of 44-FZ.

The creation of a commission can be for a separate purchase or bidding during a certain period, as well as to determine the winners using one of the methods. The law provides for a minimum number of commission members, but does not specify a maximum number. To conduct competitions, electronic auctions or in the case of creating a single commission for any tender, the composition must be at least five people, in all other cases there must be at least three people.

When creating a commission, its composition should include those persons who, to a greater extent, have the necessary qualifications and skills, as well as those who have undergone the necessary training in obtaining knowledge in the field of procurement procedures.

If the schedule reflects purchases that do not have specific specifics and do not require the inclusion of highly specialized specialists in the commission, then it is recommended to create a single commission for all tenders, without taking into account the method and method for determining the winner, as well as procurement objects.

Providing the system of procurement procedures with qualified personnel

Only when the customer can confidently decide on the possibility of creating a contract service, it is necessary to proceed to the execution of procurement procedures. If the customer does not have qualified personnel, then it is worth considering hiring specialized companies for this function.

One of the important tasks of the customer is a clear and competent distribution of functional responsibilities between individual members of the contract service, and in case of insufficient qualifications of some employees, organize their improvement and a training program in the field of procurement.

You have no rights to post comments

As a result of studying the chapter, the student should:

know

• general provisions on the organization and activities of the contract service and contract manager;
• the main functions and powers of the contract service and the contract manager;
• basic requirements for contract service employees, contract manager;

be able to

• determine the feasibility or necessity of creating a contract service or the position of a contract manager;
• determine the job responsibilities of contract managers;

own

• skill in developing regulations (regulations) on contract service (activities of a contract manager);
• skill in forming a contract service and selecting a contract manager.

The procedure for organizing activities, the conditions for choosing between the creation of a contract service and the appointment of a contract manager are provided for in Art. 38 of the Law on the Contract System. The essence of the activities of the contract service and the manager is the same, it is to ensure planning, procurement and support for the execution of the contract.

The contract service is a set of officials of the customer (united in a separate structural unit or consisting of different divisions) performing the functions of carrying out all purchases of the customer under general management. That is, the creation of several contract services for one customer, as well as the appointment of a person who is not an official of the customer to the contract service, is not provided. The head of the contract service can be the head of a unit (when creating a separate unit) or the head of the customer (deputy head). Contract manager is an official of the customer, responsible for planning, procurement (one, several), execution of contracts (one, several).

In addition to the general functionality implemented by the contract service, contract managers also have common requirements for their professional training. Mandatory requirements for the level of education are explained in the Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070. During the transition period (until January 1, 2017), higher professional education (in any field, including procurement) or additional professional education in the field of procurement. From January 1, 2017, requirements include having a higher professional education in the field of procurement or additional professional education in the field of procurement.

The professional standard “Procurement Specialist” was approved by Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. It reflects the main goal of the type of professional activity, which is to control and manage procurement for the effective and efficient use of funds allocated to meet state, municipal and corporate needs. In particular, groups of occupations are identified, labor functions and their characteristics are indicated in accordance with the qualification level.

The working document on the issues of creating and organizing the activities of a contract service is the Standard Regulations on the Contract Service, approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631. The obligation to create a contract service arises with the customer if the SGOZ exceeds 100 million rubles, in other cases the customer has the right to create a service or appoint a manager. Thus, the customer must annually determine the need to create a service when determining the State Public Safety Inspectorate. Since the contract manager essentially replaces the activities of the contract service (when the customer is not obliged to create it), we can talk about the unity of functions and powers between them, although this is not directly provided for by legal norms.

The issue of determining the structure and size of the contract service is the responsibility of the customer; the only point is that it must include at least two people (clause 7 of the Model Regulations). In the case of comprehensive centralization of procurement, the customer, transferring to an authorized organization (authorized institution) the functions of planning procurement, identifying suppliers, concluding government contracts, and their execution, is nevertheless obliged to create a contract service, since the authority to conduct claims work is retained by the customer.

Measures aimed at preventing conflicts of interest and the emergence of corruption risks relate mainly to the activities of the head of the contract service. In particular, a procurement participant may be excluded from participation in the procurement if the participant (head of the participant) of the procurement is married to the head of the contract service or is his close relative, adoptive parent or adopted child (clause 9 of part 1 and part 9 of article 31 Law on Contract Service). Also, a close relative, adoptive parent or adopted son of the head of a contract service cannot be involved in the examination (Part 2 of Article 41 of the Law on Contract Service). The contract manager has restrictions similar to those for persons associated with the head of the contract service. To avoid conflicts of interest, the head of the contract service must optimize the distribution of job responsibilities and personal responsibilities between employees, for example, by establishing a ban on combining the functions of a contract service employee and a customer commission.

To organize the activities of the contract service, the customer generates and approves three documents - an order (another type of document is possible), regulations on the contract service and job descriptions (regulations) of the head and employees of the contract service. You should pay attention to the date of approval of the order - no later than the beginning of the financial year (if the SGOZ exceeds the established limit of 100 million rubles), and if the limit is exceeded during the financial year, the order is approved no later than the date of the decision to approve additional amounts of financing. To organize the activities of a contract manager, the customer also needs to formulate and approve an appointment order and a job description (position). It is also advisable to reflect the functions and powers of the manager, contract service employees, and contract manager in the employment contract.

The main functions and powers of the contract service and contract manager are (the composition changes with the centralization of procurement):

• development and placement in the Unified Information System of a plan, procurement schedule, preparation and placement of changes made to them;
• preparation and placement of notices and procurement documentation in the Unified Information System;
• preparation and sending of invitations to participate in identifying suppliers through closed means;
• ensuring the implementation of procurement, including the conclusion of a contract;
• provision of explanatory work, provision of documents and information on procurement by bodies (organizations) exercising control in the field of procurement, departmental and public control;
• preparation of documents and participation in claims work;
• organizing and participating in consultations with suppliers;
• execution of other powers provided for by the regulations (regulations).

Important to know

Based on the purpose of creating a contract service and appointing a contract manager (providing planning, procurement, support for the conclusion and execution of the contract), it follows that they are obliged to ensure the fulfillment of all the powers of the customer provided for by the Law on the Contract System. And although their functions and powers are defined in the Standard Regulations (clauses 13-17), the detailed content of such functions and powers is currently missing and is left to the discretion of the customer.

The manager, contract service employees, contract manager, found guilty in the prescribed manner of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, bear responsibility, including administrative, disciplinary, civil, and criminal.

As part of administrative proceedings, the contract service and the contract manager are obliged to comply with orders (to eliminate violations) and representations (to eliminate the causes and conditions for committing an offense). It should be noted that they bear administrative responsibility as officials. Disciplinary action is carried out for violations of the law, improper performance of one’s duties in accordance with the legislation on labor and types of state and municipal service. The application of civil liability measures is carried out on general grounds, for example, on claims for compensation for harm caused to third parties as a result of unlawful actions (inaction). Such a requirement can be raised by the customer in recourse to the contract service employees or the contract manager. Criminal liability arises for the guilty commission of unlawful socially dangerous acts, liability for which is provided for by the Criminal Code of the Russian Federation, in particular, such crimes as restriction of competition (Article 178), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Article 178). 183), abuse of power (Article 201).

Security questions

• 1. Is it possible for one customer to create several contract services? Justify your answer.
• 2. Is it possible to perform the functions of a contract service of an executive authority by a contract service of a subordinate government institution?
• 3. What principles do you know about the activities of the contract service when planning and implementing procurement?
• 4. What is the significance of the total annual procurement volume when forming a contract service by the customer?
• 5. Is it legal for the simultaneous activities of a contract service and a contract manager for one customer?
• 6. What are the features of the activities of a contract manager during centralization of procurement?
• 7. What forms of organization of contract service do you know? Which one do you think is most effective?
• 8. What are the options for formalizing the labor relations of contract service employees and contract managers?
• 9. Is it possible to combine the duties of a contract service employee (contract manager) and a member of the customer’s procurement commission?
• 10. What are the functions of the head of the contract service?

Tests

• 1. The customer is obliged to create a contract service in accordance with the Contract System Law if:
  • a) the total annual volume of purchases exceeds 100 million rubles;
  • b) the total annual volume of purchases does not exceed 100 million rubles;
  • c) a special structural unit has been created that exercises the functions and powers of determining the supplier (contractor, performer);
  • d) the total annual volume of purchases does not exceed 100 million rubles. and a special structural unit has been created that exercises the functions and powers of determining the supplier (contractor, performer).
• 2. Is the customer obliged, in accordance with the rules on the contract system, to create a special structural unit that exercises the functions and powers of determining the supplier (contractor, performer)?
• a) yes, I must;
• b) yes, he is obliged if he makes purchases at the expense of the federal budget;
• c) no, I don’t have to;
• d) no, he is not obliged if he makes purchases at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.
• 3. Determine the correct statement:
  • a) the contract manager is not an employee of the customer and performs duties in accordance with the terms of the civil contract;
  • b) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the civil contract;
  • c) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment contract and civil law contract;
  • d) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment or civil law contract.
• 4. The contract manager is responsible:
  • a) for making a purchase or several purchases;
  • b) for the implementation of each purchase and execution of each contract;
  • c) for the implementation of a purchase or several purchases and the execution of each contract;
  • d) for the implementation of each purchase and the execution of each contract, for which the contract service is not responsible.
• 6. The customer, in accordance with the Contract System Law, cannot engage contract service employees and the contract manager:
  • a) as an expert during the examination of the design documentation;
  • b) as an expert when accepting the results of the contract;
  • c) as a member of the customer’s unified commission;
  • d) all answers are incorrect.
• 7. When centralizing procurement in accordance with the Law on the Contract System, the contract service, contract manager:
  • a) exercise powers, including monitoring the execution of powers delegated to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
  • b) exercise powers not delegated to the relevant authorized body, authorized institution, which exercise the powers to identify suppliers (contractors, performers);
  • c) exercise powers, including monitoring the execution of powers delegated to the relevant authorized body, authorized institution, which exercise powers to identify suppliers (contractors, performers) only within the framework of the development and placement of procurement documentation;
  • d) there is no correct answer.
• 8. When centralizing procurement, the contract service and contract manager are responsible for:
  • a) only within the limits of the powers exercised by them;
  • b) within the limits of the powers they exercise and the powers transferred to the authorized body, authorized institution, since they control their execution;
  • c) only within the limits of their powers, if they are expressly specified in the employment contract;
  • d) there is no correct answer.
• 9. The customer appoints a contract manager in accordance with the Contract System Law if:
  • a) the total annual volume of purchases of the customer does not exceed 100 million rubles;
  • b) the total annual volume of purchases of the customer does not exceed 100 million rubles. and such customer has not created a contract service;
  • c) the total annual volume of purchases of the customer does not exceed 150 million rubles;
  • d) the total annual volume of purchases of the customer does not exceed 150 million rubles. and such a customer has not created a contract service.
• 10. What qualifications should contract service employees and contract managers have?
• a) higher economic or legal education, work experience in the field of procurement for at least two years;
• b) higher education in the direction (specialty) “State and municipal management” and additional professional education in the field of procurement;
• c) higher education or additional professional education in the field of procurement, work experience in the field of procurement for at least two years;
• d) there is no correct answer.

• See: Unified Qualification Directory of Positions of Managers, Specialists and Other Employees.
• The contract service operates in accordance with the regulations: a) approved by the federal executive body for the regulation of the contract system in the field of procurement; b) developed and approved by the federal executive body for regulation of the contract system in the field of procurement; c) developed by the customer and approved by the federal executive body for regulating the contract system in the field of procurement; d) developed and approved by the customer.