Project

APPROVED
by order of the Ministry of Economic Development of Russia
from "___" ___________ 20__ N ___

I. General provisions

1.1. The Contract Service is a structural division of the Customer, created in order to ensure the implementation of procurement, the total annual volume of which, in accordance with the schedule, exceeds one hundred million rubles.

1.2. This standard regulation (regulation) (hereinafter referred to as the Regulation) establishes the procedure for the formation and powers of the contract service when purchasing goods, works, services to meet state or municipal needs, including at the stage of procurement planning, identifying suppliers (contractors, performers), conclusion and execution of contracts.

1.3. The contract service in its activities is guided by:

Constitution of the Russian Federation;

Civil Code of the Russian Federation;

Budget Code of the Russian Federation;

;

other regulatory legal acts;

by this standard Regulation.

1.4. The basic principles of the activities of the contract service when purchasing goods, work, services to meet state or municipal needs are:

professionalism - attracting qualified specialists with theoretical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions taken by the contract service aimed at meeting state and municipal needs, including methods of procurement and their results. Openness and transparency of information are ensured, in particular, by placing complete and reliable information in a unified information system in the field of procurement;

efficiency and effectiveness - concluding government contracts on conditions that ensure the most effective achievement of specified results in meeting state and municipal needs.

1.5. The concepts, terms and abbreviations used in these Regulations are used in the meanings defined by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

1.6. The information specified in these Regulations is placed in the unified information system in the field of procurement.

II. The procedure for forming a contract service

2.1. The structure and number of contract service is determined and approved by the Customer.

The appointment and dismissal of a contract service employee is permitted only by decision of the Customer.

2.2. The contract service includes at least two people - employees (officials) of the contract service from among the Customer's employees. The contract service is headed by the head of the contract service, appointed and dismissed by the Customer.

2.3. Contract service employees must have higher education or additional professional education in the field of procurement*.

________________

* Until January 1, 2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.

2.4. Contract service employees cannot be individuals who are personally interested in the results of the procedures for identifying suppliers (contractors, performers), as well as who are directly exercising control in the field of procurement by officials of bodies authorized to exercise such control.

2.5. If the specified persons are identified as part of the contract service, the Customer is obliged to immediately release the specified officials of the contract service from their positions and appoint to the vacant position a person who meets the requirements of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and these Regulations.

III. Functions and powers of the contract service

3.1. The Contract Service performs the following functions and powers:

3.1.1. Develops a procurement plan;

3.1.2. Prepares changes for inclusion in the procurement plan;

3.1.3. Places the procurement plan and changes made to it in the unified information system;

3.1.4. Develops a schedule;

3.1.5. Prepares changes for inclusion in the schedule;

3.1.6. Places the schedule and changes made to it in a unified information system;

3.1.7. Determination and justification of the initial (maximum) contract price;

3.1.8. Prepares and places procurement notices in the unified information system;

3.1.9. Prepares and places procurement documentation and draft contracts in the unified information system;

3.1.10. Prepares and sends invitations to participate in the determination of suppliers (contractors, performers) in closed ways;

3.1.11. Ensures procurement, including the conclusion of contracts;

3.1.12. Participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers);

3.1.13. Prepares materials for performing claim work;

3.1.14. 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 meet state and municipal needs;

3.1.15. Exercises other powers provided for by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

3.2. In order to implement the functions and powers specified in paragraph 3.1 of these Regulations, officials of the contract service are obliged to:

3.2.1. Know and be guided in their activities by the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations;

3.2.2. Prevent the disclosure of information that became known to them during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by the legislation of the Russian Federation;

3.2.3. Maintain the level of qualifications necessary for the proper performance of their duties;

3.2.4. Do not negotiate with procurement participants until the winner of the determination of supplier (contractor, performer) of procurement procedures is identified, except in cases expressly provided for by the legislation of the Russian Federation;

3.2.5. Comply with other obligations and requirements established by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

3.2.6. If necessary, involve experts and expert organizations in their work in accordance with the requirements stipulated by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and other regulatory legal acts;

3.3. With the centralization of procurement provided for by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the contract service carries out the functions and powers provided for in paragraphs 3.1-3.2 of these Regulations and not transferred to the relevant authorized body, authorized institution, which exercises the authority to identify suppliers (contractors, performers).

3.4. Head of contract service:

3.4.1. Distributes responsibilities among contract service employees;

3.4.2. Submits proposals for the appointment and dismissal of contract service employees for consideration by the Customer;

3.4.3. Resolves, in accordance with these Regulations, issues within the competence of the contract service;

3.4.4. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;

3.4.5. Exercises other powers provided for by the Customer’s internal documents.

IV. Responsibility of contract workers

4.1. Actions (inaction) of contract service employees, including the head of the contract service, can be appealed in court or in the manner established by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for meeting state and municipal needs" to the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

4.2. Contract service employees guilty of violating the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement, as well as the provisions of these Regulations, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.

4.3. A contract service employee who has violated the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs may be removed from his position by decision of the Customer.

Explanatory note to the draft order of the Ministry of Economic Development of Russia "On approval of the standard regulations (regulations) on contract service"

The draft order was developed in accordance with Part 3 of Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Collected Legislation of the Russian Federation, 2013, N 14 , art. 1652).

This standard provision (regulation) establishes the procedure for the formation and powers of the contract service when purchasing goods, works, services to meet state or municipal needs, including at the stage of procurement planning, identifying suppliers (contractors, performers), concluding and executing contracts.

Electronic document text
prepared by Kodeks JSC and verified against:
Unified information disclosure portal
on preparation by federal authorities
executive power of projects
regulatory legal acts
and the results of their public discussion
http://regulation.gov.ru
as of 10/29/2013

I can’t help but cover this topic, because... I receive requests for a sample job description for a contract manager almost every day.
First of all, I hasten to reassure everyone: if your contract manager is still working without a job description, you will not face any fines. Neither the Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, nor the Order of the Ministry of Economic Development of October 29. 2013 N 631 “On approval of standard regulations (regulations) on contract service” do not mention job descriptions. Even in the Labor Code there is nothing about them.

The head of the institution independently decides on the form of the document defining the job responsibilities of the contract manager.
The purpose of the instruction is to determine the rights, duties and limits of responsibility of the employee.
If there are no job descriptions in the institution, information about the employee’s labor function is included directly in the text of the employment contract.
In many cases, it is more convenient to determine the terms of a specific employment contract based on the approved job description.

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

Contents of the job description of a contract manager, head (employee) of a contract service

Typically this document includes the following sections:

Section 1 “General Provisions”:
- the name of the position, which structural unit the position belongs to, the procedure for appointment and dismissal, and filling the position during the period of temporary absence of the employee.

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

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

Section 4 "Rights":

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

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

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

Section “Procedure for interaction by position”:

The section includes official external and internal communications: - with procurement participants, with contractors, with the management of the institution, with the head of the department, with other departments.
This section establishes the deadlines for the employee to submit and receive certain documents. The section is necessary to comply with the document flow schedule.

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

The staffing table of most government and budgetary institutions does not yet include the position of a contract manager. You can hire a new employee for any vacant position, for example, an economist, and issue an order appointing him as a contract manager. In this case, job responsibilities may be listed in the employment contract or the text of the economist’s job description may be changed.

Irina Kozlova

Job description of a contract manager (sample)

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

As a completely new public procurement system, the contract system imposed a new responsibility on contracting authorities 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 the organization of internal control of procurement activities. And it is simply necessary to prevent accidental or intentional violations during procurement, which can then be detected by external controllers. What legal mechanisms are there for this? The author believes that the most optimal of them is expanding the powers of the contract service and the contract manager.

Contract manager under 44-FZ

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

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

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

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

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

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

So that in a contract service, those who made them are actually punished for mistakes, create a table of 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 exclusively the entire responsibility for the procurement of a specific customer. The appointment of a contract manager leads to staff turnover in this position.

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

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

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

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

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

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

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

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

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

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

This is the case if it proceeds without the formation of a structural unit. For example, it can be created by an order from a manager issued to individual accounting employees. AO, procurement department (if one 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 in the employment contract, then such inclusion can only be carried out with the consent of the 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 June 4, 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.

The head of the 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 CC.

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 contract execution.

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

IMPORTANT! The customer must also have a purchasing commission.

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

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

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

The functional responsibilities of the contract service determine the unspoken rule according to which it consists of the customer’s employees, and there is no need to involve third-party individuals.

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

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

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

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

Requirements for contract service employees

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

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

It is recommended to set a minimum period for mastering programs, regardless of the teaching technologies used, of at least 108 hours, with the exception of cases established by clause 2.4 of the 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:

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

Requirements:

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

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

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

What does a contract manager do?

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

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

Documents that regulate activities

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

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

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

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

Sample regulations on the creation of a contract service

Sample order for the appointment of a manager

Job responsibilities

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

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

When planning procurement, responsible contract specialists of the customer:

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

When organizing procurement, contract specialists are responsible for:

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

When conducting procurement, persons responsible for procurement:

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

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

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

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

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

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

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

Example of a job description

Responsibility

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

• administrative;
• disciplinary;
• civil law;
• criminal.

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

In this case, the customer can receive:

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

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

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

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

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

What has changed since 01/01/2019

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

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

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

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

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

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

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

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

Can a chief accountant be the head of a contract service without forming a separate division?

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

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

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

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

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

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

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

What are the main responsibilities

Head of contract service:

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

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

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

What qualifications should a contract manager have?

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

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

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

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

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

Responsibility of the head of the contract service

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

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