The contract service is created. Educational requirements for contract service employees. Job description: main functions of the unit

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On 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.

Was adopted in 2014 and brought many innovations. One of the main ones is the emergence of a new position - contract manager, a new structural unit – contract service.

The legislative framework

You can find a vacancy on the corresponding website or in the employment center. The only thing to remember is HR officers indicate the name of the required position differently. He may be called a procurement specialist, contract economist, etc.

For 2018, to become a contract manager, you must obtain procurement education and a diploma indicating training at the institute. The condition is new; previously the employer could not demand higher education from candidates.

Availability of qualified additional education is very important point, since No. 44-FZ is constantly undergoing changes, and government control is regularly strengthened.

Increasing the qualification level of knowledge and skills is carried out at least once every 3 years.

Position Requirements

The purchasing specialist must be responsible requirements:

Improve your qualifications in a relevant specialty, for example, “procurement management to meet state and municipal needs.” For 2018, only the state sample is suitable.
Being on the employer's staff and concluding civil contracts is unacceptable.
A conflict of interest is unacceptable, that is, the manager should not have family ties with organizations that supply goods or perform work.

The contract service is group of workers, whose responsibilities are responsible for the implementation of the procurement cycle of national importance. Information on the procedure for its creation can be found in Art. 38 Federal Law No. 44.

The customer is obliged to begin developing regulations and creating a service responsible for the acquisition of goods, works, services, if the total amount of annual funding intended for concluding contracts is exceeds the mark of 100,000 rubles.

Current legislation does not require the customer to include in staffing table and creating a separate division (department), it is enough approve the composition of the service from existing subordinates.

The structure and numerical composition are determined by the customer independently, but subject to the conditions - at least two people.

If a service is separated into a separate structural unit, it needs its own head, and if not, then the head himself or one of his deputies can become the head of another department.

Attention! If the customer decided to assign responsibilities for support and procurement to subordinates who were already engaged in other work (expanded their job functions), then he must obtain written consent from them.

Functions, duties, responsibilities, professional standards

Part 4 art. 38 No. 44-FZ contains information about the list of functions that a specialist should be able to implement:

develop plans, enter information into them and publish them on the website, making them accessible to regulatory organizations and interested parties;
draw up and place in the Unified Information System a notice of the planned purchase ( electronic auction, quotation, etc.);
draw up a response to a complaint filed with the Federal Antimonopoly Service and be able to defend your position;
provide advice to any potential supplier, for example, clarify the requirements set out in the technical specifications;
accompany, implement and complete the purchase;
generate and post the necessary reports.

Job responsibilities consistent with the functions listed above may be taken from professional standard , the development and approval of which was carried out by the Ministry of Labor of the Russian Federation.

So, what should one be able to do executive :

enter the information specified regulatory framework, in the procurement plan and schedule;
update previously posted information (adjust the schedule, notice of procurement, etc.);
send invitations to suppliers in order to provide the institution with everything necessary in a timely manner;
regularly improve and maintain qualification levels;
analyze the market situation in order to determine the current initial maximum contract price.

The position requires types of liability:

administrative- for committing an offense;
disciplinary- for non-compliance labor regulations or neglect of one's own responsibilities;
material– for damage to property owned by the enterprise.

Procurement Specialist- This is the person responsible for providing the institution with everything necessary. Main function this employee is procurement support from the moment of “inception” to “disposal”.

Is a contract manager needed under 223-FZ?

Federal Law No. 223-FZ does not directly say anything about the need to appoint a contract manager for commercial procurement. At the same time, the professional standard adopted in 2015 also applies to specialists working within the framework of this regulatory act.

Current legislation does not require the use of the name and requirements included in the professional standard, if nothing is said about such a condition in the Labor Code of the Russian Federation or other regulations. In all other cases the document is advisory.

Salary level

Not in any legislative act there is no information on how much a contract manager should earn. The profession is responsible, complex, and labor-intensive.

As statistics show, the average monthly income of a procurement specialist is 22,000 rubles, if we are talking about the customer side. Working with a supplier pays higher.

Answers to questions about contract service in accordance with 44-FZ are presented in the video.

You will learn about what people are fined for in public procurement in the video.

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

Contract service structure

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

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

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

Contract manager under 44-FZ

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

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

For proper registration it is necessary to publish local act about the appointment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IMPORTANT! The customer must also have a purchasing commission.

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

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

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

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

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

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

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

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

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

Requirements for contract service employees

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

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

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

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

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

What requirements do employers place on contract managers?

Example of a job description

Contract manager (skill level 6)

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

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

Job responsibilities:

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

Requirements:

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

Reading time: 5 min

Federal Law No. 44-FZ “On the contract system in the field of procurement” carefully regulates not only the procedures that the state customer has the right to use in order to carry out certain types of public procurement, but also explains which units or officials should carry out the procedures for conducting certain procurement procedures. Thus, in particular, special contract services should be created for state and municipal customers.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

If the level of such an organization does not allow the creation of a contract service, then a special official is appointed - a contract manager.

What is a contract service or contract manager?

In order to carry out the procurement procedure intended to satisfy state or government authorities, the state customer is obliged to create a special unit or appoint officials responsible persons. Such services are called contract services, and the officials are called contract managers.

In accordance with Part 1 of Article 38 of Federal Law No. 44-FZ, a contract service is created in cases where the total annual volume of a particular customer exceeds one hundred million rubles. If this volume is not exceeded, then the state or municipal customer is obliged to appoint a responsible official, and the created position will be called a contract manager.

If the customer does not have a contract service, but has a contract manager, and the total annual income is quite large, then the customer can appoint several contract managers or assistants to one contract manager.

In order for a contract service or contract manager to fully carry out its actions, a special regulation is created that will fully regulate the entire scope of actions of such a service or official.

The creation of a contract service or the appointment of a contract manager for or a municipal customer must have been carried out before January 1, 2017. Otherwise, such a customer does not have the right to carry out procurement procedures to meet its needs.

This provision is fixed in Article 112, which regulates the phased entry into force of the new federal law.

Contract service models

For the government customer, it provides the opportunity to choose the model on the basis of which the creation of a contract service for procurement from a particular supplier will be carried out.

A rule for creating a contract service has been formed for state and municipal customers, according to which they have the right to make an independent decision on how the contract service will be formed.

However, the customer should remember that if the annual volume of purchases is more than one hundred million rubles, a contract service must be formed; if the volume is less than one hundred million, a contract manager must be appointed.

The government customer is given a choice of exactly how the contract service is formed:

by forming an independent structural group that performs only the duties prescribed in the job regulations of the contract service and its direct employees. It is strictly prohibited to involve employees of such a unit in other types of work;
by imposing the responsibilities of contract service employees on employees of other departments, for example, procurement or accounting. The performance of the duties of a contract service employee must occur in conjunction with the duties of an employee of the structural unit in which this or that employee is registered.

Likewise, a contract manager, if he is appointed from among the current employees of various structural divisions of the customer, is assigned additional responsibilities that must be carried out in accordance with the provisions of his job descriptions for combined positions.

The mechanism and procedure for creating a contract service according to Federal Law No. 44-FZ

The creation of a contract service is a set of measures that is carried out by a state or municipal customer so that such a unit is fully engaged in carrying out the types of procurement required by law to meet the needs of such a customer. As mentioned above, the creation of such a service can be carried out by allocating an independent unit, as well as by allocating a group of employees from existing units in order to assign them the responsibilities of contract service employees.

The creation of a contract service must be carried out on the basis of a special order on the creation of a contract service.

This order is being prepared as the first of all documents that must be formulated to begin the full-fledged work of the created contract service. Additionally, special regulations are also being created that will fully regulate the activities of the contract service.

Special job descriptions are created for the head of the contract service, as well as for its leading specialists, which set out the rights and responsibilities of contract service employees. Within the framework of such a job description, all possible measures of liability that may be imposed on an official should be recorded if he commits a violation of the current legislation during his work in the contract service. A sample job description can be found at.

The general procedure for creating a contract service on the part of the government customer is as follows: issuance of an order on the creation of a contract service
, which comes from the management of the state customer;;
creation of regulations on contract service;
publication of regulations for the contract service;
formation of contract service staff publication of job descriptions
for contract service employees; publication of commission regulations

on competitive procurement.

Since the contract service carries out procurement, within the framework of which various procedures must be implemented, including using a commission review of documents provided by potential contractors, the state customer should also adopt special provisions that will regulate the actions of such commissions.

The contract service includes:;
head of a structural unit specialists who work with potential suppliers
through special procedures; employees who will carry out the permit financial issues

(often these functions are transferred directly to the customer’s accounting department employees). Full list of employees and their job responsibilities

is formed by the customer himself based on his needs. However, one condition must be met - all contract service employees must have the appropriate education.

A contract manager is an official who is appointed by the state customer in order for such an employee to carry out procurement procedures to meet the needs of the state or municipal customer. The appointment of a contract manager (regardless of how many such employees will be appointed) occurs if the customer’s total annual purchase volume is less than one hundred million rubles.

Such an employee is appointed on the basis of an order from the head of the organization with a description of all the duties assigned to him. In general, the procedure is as follows:

issuing an order to create a position contract manager;
order to appoint a specific person to a position contract manager;
formation of job descriptions contract manager;
formation of regulations on commissions for competitive procurement methods.

Job description for a contract manager, it combines the provisions of the job description of the head of the contract service and its ordinary employee. However, it must define all the rights and obligations that are imposed on such an employee. A sample job description for a contract manager can be downloaded from.

In addition, such a contract manager is often also given measures that may be imposed on an employee for non-compliance with the norms of current legislation in the field of public procurement.

When forming regulations on commissions for monitoring competitive procurement methods, it should be taken into account that the involvement of a contract manager as a participant in such a procurement is undesirable, since he is directly responsible for the ongoing procedures for monitoring competitive procurement.

A contract service or contract manager is a unit or independent official who carries out certain public procurements aimed at meeting state and municipal needs. The formation of an independent contract service or the appointment of a contract manager must be carried out in accordance with the provisions of Article 38 of the said law, and all appointed employees must undergo special training.