Assigning the duties of a contract manager. Functions, rights and obligations of the contract service (contract manager)

My school has a legal adviser position (staffed). Can I charge an employee with the duties of a Contract Manager at a school? There is no contract service at the school.

Answer

You may assign the in-house legal counsel to be a contract manager at the school if he agrees to do this job if he has a relevant education in the field of procurement. In this case, the employee is guaranteed additional payment for performing the function of a contract manager.

Thus, the main requirements for entrusting an employee to perform the duties of a contract manager at a school are:

availability of relevant education and qualifications in the field of procurement (regardless of the position held in the main job);
consent of the employee to perform additional work;
payment for the performance of the duties of a contract manager.<…>

Actual now:

Another important quality of a public procurement specialist is high efficiency. As mentioned above, in small organizations, a public procurement specialist usually also performs the functions of an accountant, lawyer or economist.

Job responsibilities of a procurement specialist 44 fz sample

Therefore, a small volume of purchases in such organizations will be accompanied by an additional burden. And in large organizations where the volume of purchases is large, the public procurement specialist will have to work for three. If you are not ready for a constant workload and periodic hands-on work, this job is not for you.

Basic concepts

The special service in the course of its activities carries out the full cycle of public procurement, from its planning, procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claims work with the counterparty.

The contract manager under 44-FZ is an official of the customer who is responsible for the implementation of one or more public procurements, including the execution of each contract.

From January 1, 2017, a contract manager must have a higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient. Thus, the legislator has tightened the requirements for the professional level of an employee responsible for procurement in an organization.

We draw up a job description for a public procurement specialist

If it exceeds, then a special service is created in the organization on the basis of a model provision approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. At the same time, the requirements of the labor legislation of the Russian Federation must be observed (letter of the Ministry of Economic Development of September 30, 2014 No. D28i-1889).

Job responsibilities should be fixed in the instructions. The customer has the right, for convenience, to develop and approve the regulation on such a position and specify the functions and powers in it in more detail.

Only a full-time employee of the organization should be a contract manager (letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996).

Regulatory documents

In his work, the official who is responsible for the implementation of procurement is guided by the following regulatory documents:

the Constitution of the Russian Federation;
Federal Law No. 44-FZ;
civil and budgetary legislation;
regulatory legal acts that regulate the scope of public procurement in Russia;
job description of a contract manager of a budgetary institution or regulation on a contract manager 2018.

Order of appointment

To appoint a person responsible for public procurement, it is necessary to issue an order. The law does not establish any requirements for this document, a unified form has not been developed either, so you can draw it up in free form on the letterhead of the organization.

The order should refer to article 38 of the Law on the contract system, list one or more employees who are appointed to such a position. At the same time, you can approve the instructions for it, which defines the work responsibilities.

Job Responsibilities

The duties of a contract manager under 44 FZ are as follows:

implementation of procurement planning (market research of necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
conducting procurement procedures (creating and posting in the Unified Information System notices, procurement documentation, a draft contract and sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods);
the conclusion of the contract, its termination, as well as the introduction of amendments to it;
control over the execution of the contract, including the involvement of experts or expert organizations;
control over the terms and order of payment under the contract;
participation in claims work with contractors (if necessary);
other functions and powers in the framework of public procurement.

Job Description Example

When appointing a contract manager, job responsibilities can be fixed using the job description.

The sphere of public procurement is one of the most dynamic in modern legislation. At the same time, sanctions (including personal ones) for non-compliance with the law in this area are quite large. However, the number of people who want to get the position of a public procurement specialist is not decreasing, apparently because young people often do not fully understand what exactly a public procurement specialist should know and be able to do and what is included in his immediate duties.

Let's try to briefly talk about what a novice public procurement specialist should know and be able to do.

What education should a public procurement specialist have?

In the fall of 2015, this area was finally put in order. If earlier the concepts of “contract manager” or “public procurement specialist” were only general phrases, and people who were involved in public procurement held the positions of lawyers, economists or accountants, now there are a number of positions with requirements for their applicants.

The general requirements are: higher or secondary vocational education (depending on the position), advanced training or retraining program, as well as work experience. These requirements are detailed in professional standards.

As a rule, most often people with a legal, economic or accounting education become specialists in public procurement. Moreover, in small organizations, they get work with purchases in addition to their main responsibilities. And only large organizations (both customers and suppliers) can afford an individual employee or even an entire contract service.

What knowledge should a public procurement specialist have?

The answer to this question is simple and complex at the same time. To begin with, a future public procurement specialist should have at least a superficial knowledge in areas such as law, accounting and contract work. If this knowledge is not available, the job may not be possible, especially if the person has to become the only public procurement specialist in the organization. It is also important to understand at least a little the specifics of the organization.

These requirements are due to the fact that people involved in procurement on the part of the customer must plan the necessary purchases, carry them out, conclude contracts, and then accept works, goods, services and draw up relevant documents. And specialists working on the side of suppliers must be engaged in the search for purchases of interest to their organization, the preparation of proposals, the conclusion of contracts, etc., therefore, in order to find a suitable purchase, you need to understand what exactly your organization offers.

The next stage is the completion of advanced training courses in public procurement. For specialists working on the part of the customer, this stage is mandatory (if you look at the offered vacancies, a certificate of advanced training is almost the only mandatory requirement for applicants for this position). For specialists who want to work in the field of public procurement on the part of the supplier, this stage is desirable, because without it, to understand all the intricacies of Federal Law No. 44-FZ of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and other related legislative acts is extremely difficult.

At the same time, it should be understood that taking courses will not make you a real specialist. The courses will give you theoretical and, perhaps, some practical knowledge that you will have to supplement on your own. And therefore - a few words about personal characteristics.

What Qualities Should a Public Procurement Specialist Have?

Trite, but a public procurement specialist should be a very attentive person. This is the very area where a mistake in the date can lead to huge fines both for the organization and personally for the person who made the mistake. An inattentive reading of the supplier's documentation may result in their organization not being allowed to participate in a very lucrative tender or, even worse, in the fact that the organization will not be able to fulfill its obligations and fall into the register of unscrupulous suppliers, losing the ability to accept participation in public procurement.

Since public procurement legislation tends to change regularly, a person working in this area must have a good learning ability. Continuous professional development (we are talking not only about courses, but also about self-education) is an integral part of the work of a public procurement specialist.

Another important quality of a public procurement specialist is high efficiency.

Job description

As mentioned above, in small organizations, a public procurement specialist usually also performs the functions of an accountant, lawyer or economist. Therefore, a small volume of purchases in such organizations will be accompanied by an additional burden. And in large organizations where the volume of purchases is large, the public procurement specialist will have to work for three. If you are not ready for a constant workload and periodic hands-on work, this job is not for you.

Re: Inclusion of a contract manager in the staff list

Alena Kukolkina» 08 Sep 2016, 11:24

AlenaKukolkina wrote: Is it necessary to include a contract manager in the staff list? Is it necessary to introduce a separate staff unit?

Both a contract manager and an employee of a contract service (including its head) can only be an employee of the customer (see part 1 - 3 of article 38 of Law N 44-FZ, paragraphs 6, 9 of the Model Regulation ( regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631, letter of the Ministry of Economic Development of Russia dated January 31, 2014 N OG-D28-834).
Therefore, the assignment to employees of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, is possible only in accordance with labor legislation (see also the answer to question 2 in the annex to the letter of the Ministry of Economic Development of Russia dated September 30, 2014 N D28I-1889).
At the same time, as follows from the letter of the Ministry of Economic Development of Russia dated September 17, 2014 N D28i-1782, the official who is entrusted with the duties of a contract service employee, contract manager, is the relevant subject, regardless of the title of the positions in the staff list. Accordingly, the customer can either enter into the staffing table certain positions of contract service workers, contract manager, or not do this.
Depending on whether individual positions are included in the staffing table, the ways in which the necessary functions and powers are assigned to contract service workers and the contract manager are also different. At the same time, new staff units can be introduced both in the case of the formation of a contract service in the form of a separate structural unit, and in the case when such a unit is not formed. In addition, in each of these cases, it is possible to assign the duties of a contract service worker to an already working employee.
Moreover, according to the opinion of the Ministry of Economic Development of Russia, reflected in a letter dated 04.06.2015 N D28i-1514, an already existing structural unit can be endowed with the functions of a contract service, and it does not have to be called "contract service" in the staff list (see, for example , p. 5 of the Regulations on the contract service of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of Russia dated March 31, 2014 N 51, according to which the contract service is a separate structural unit - the Department of Case Management).
Consider each of the methods of laying on workers specified in Part 4 of Art. 38 of Law N 44-FZ of functions and powers.

1. In the staff list of the customer, separate positions of employees of the contract service, contract manager have been introduced.
In this case, it is implied that there are independent staff units in the customer's staffing table.
Occupation of vacant positions of employees of a contract service, a contract manager can be carried out by any of the methods provided for by the Labor Code of the Russian Federation, namely by:
– conclusion of an employment contract with the employee at the main place of work or part-time (internal or external);
- transfer of an already working employee to the appropriate position in the manner prescribed by Art. 72 - 72.2 of the Labor Code of the Russian Federation.
It is also possible to entrust an already working employee with additional work as a contract service employee or contract manager by combining positions in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In such a situation, the staff unit will remain vacant.
In all these cases, work as a contract service employee, contract manager is paid (part one, article 15, part one, article 60.2, article 151 of the Labor Code of the Russian Federation).

2. The staff list of the customer does not provide for separate positions for employees of the contract service, contract manager.
In this case, only employees of the customer who are already working in other positions can perform the duties of employees of the contract service, the contract manager.
If initially the position of the employee does not imply the performance of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, then within the framework of labor relations it is necessary to change the terms of the employment contract by agreement of the parties in the usual manner in accordance with Art. 72 of the Labor Code of the Russian Federation, as well as the job description. The change in wages in this case is also made by agreement of the parties. At the same time, there are no norms of the Labor Code of the Russian Federation obliging to increase wages when the scope of duties of an employee changes.
If the labor duties performed by the employee in accordance with the employment contract and job description do not differ from those that he must perform after obtaining the status of a contract service employee or contract manager, then from the point of view of the Labor Code of the Russian Federation, the labor function does not change, which means that there is no need to amend the employment contract previously concluded with such an employee.
Nevertheless, amend the employment contract in the manner prescribed by Art. 72 or 74 of the Labor Code of the Russian Federation, will be required if a decision is made on:
- renaming the employee's position;
- renaming the structural unit in which the employee works, if the condition on the structural unit is a condition of the employment contract.

Regardless of the method chosen by the employer for formalizing relations with contract service employees, contract managers, the employer must ensure that the qualifications of such employees comply with regulatory requirements. According to part 6 of Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
Furthermore, in accordance with Art. 195.3 of the Labor Code of the Russian Federation if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. In other cases, the characteristics of qualifications contained in professional standards are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.
The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 625n, the professional standard "Expert in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 626n.
Thus, in terms of the qualification requirements established by Part 6 of Art. 38 of Law N 44-FZ, these professional standards are mandatory. It should be noted that these professional standards often establish more stringent requirements for the qualifications of employees than those provided for by the above norm of Law N 44-FZ. So, for example, in relation to employees performing duties assigned to individual generalized labor functions, there are requirements for work experience.

Procurement Specialist

These requirements under Art. 195.3 of the Labor Code of the Russian Federation are advisory in nature for the employer, since Law N 44-FZ does not establish them. A similar point of view is expressed in the letter of the Ministry of Economic Development of Russia dated June 27, 2016 N D28i-1744. Alena Kukolkina Specialist of the State Procurement Committee of the Republic of Tatarstan Messages: 450Registered: 01 Jul 2014, 06:34

Unified qualification directory of positions of managers, specialists and other employees (CEN), 2017
Qualification directory of positions of managers, specialists and other employees
Sections "General industry qualification characteristics of positions of employees employed at enterprises, institutions and organizations" and "Qualification characteristics of positions of employees employed in research institutions, design, technological, design and survey organizations", approved by Decree of the Ministry of Labor of the Russian Federation of 08.21.1998 N 37
(version dated 05/15/2013)

Purchasing agent

Job responsibilities. Carries out work on the purchase of agricultural products of its own production from the population in accordance with the contracts that determine the nature and volume of supplies, as well as their payment. Travels to agricultural areas, identifies potential suppliers (sellers) of their products, concludes sales contracts. Conducts explanatory work among the population on the procedure for concluding sales contracts on mutually beneficial terms, takes measures to establish long-term relationships with agricultural producers. Carries out quality control of purchased products. Prepares, in accordance with the established procedure, documentation for purchased products, orders containers and vehicles for its transportation. Controls the availability of the necessary devices and the sanitary condition of vehicles intended for transportation, the correctness of loading and unloading operations and the rational placement of products.

POINT-V.RU

Sends the purchased products to the address of the guarantor, accompanies the goods along the route, observing sanitary requirements and rules for storing products during transportation, and facilitates their timely delivery. Monitors compliance with labor protection requirements during loading and unloading operations. Hands over the delivered products, draws up the established acceptance documentation.

Must know: regulatory legal acts, regulations, instructions, other guidance materials and documents relating to the procedure for concluding contracts with suppliers; fundamentals of a market economy; organization of work on the purchase of agricultural products; fundamentals of labor, financial and economic legislation; methods of business communication; methods and means of determining the quality of purchased products; organization of loading and unloading operations; rules and procedure for acceptance, dispatch and delivery of products, ordering containers and vehicles; conditions of storage and transportation of purchased products; forms and procedure for registration of acceptance documents; basics of labor organization; internal labor regulations; labor protection rules and regulations.

Qualification requirements. Secondary (complete) general education and special training according to the established program without presenting requirements for work experience.

Post comments

The above qualification characteristics of the position "Procurement Agent" are intended to address issues related to the regulation of labor relations and the provision of an effective personnel management system in various organizations. Based on these characteristics, a procurement agent job description is developed, containing the rights and responsibilities of the employee, as well as a specific list of his job responsibilities, taking into account the characteristics of the organization and management of the enterprise (institution).

When compiling job descriptions for managers and specialists, it is necessary to take into account the general provisions for this edition of the directory and the introduction with general provisions for the first issue of the job directory.

We draw your attention to the fact that the same and similar job titles may appear in different editions of the CSA. You can find similar titles through the job directory (in alphabetical order).

All articles Contract service and contract manager as a tool for implementing the principle of professionalism of the customer in the contract system of the Russian Federation (Andrianova V.N.)

The main advantage of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) is its focus on improving the professionalism of personnel in the field of public procurement and, as a result, the transition to procurement on a professional basis.

Article 9 of Law N 44-FZ establishes the principle of professionalism, which means that activities in the field of procurement for state and municipal needs should be carried out with the involvement of qualified specialists who have theoretical knowledge and skills in the field of procurement. Customers are obliged to take measures to maintain and, accordingly, improve the level of qualifications and professional education of officials who carry out their activities in the field of procurement. One of the ways is staff development courses and professional retraining in the field of procurement.

However, in our opinion, the most productive way to train qualified personnel employed in the field of procurement for state and municipal needs will be the creation of separate departments at the law faculties of Russian universities. Thus, the employee will study the specifics of this work in more depth, and after graduation will increase the level of his knowledge in terms of studying novelties of the legislation of the Russian Federation. It seems necessary to develop a training program for the training of highly qualified specialists in procurement activities. This will increase the level of services provided to all counterparties of procurement activities.

In international practice, there are various approaches to training employees of procurement departments. There are examples where procurement specialization can be obtained in bachelor's and master's programs. For example, in the United States of America there are several large educational institutions such as Arizona State University, Bowling Green State University, George Washington University, Miami University, Michigan State University and Western Michigan University, where you can get a bachelor's degree in purchasing, materials, supply, supply chain, logistics management. In addition, some institutions offer certified procurement-related programs or courses for both full-time and part-time students. A number of institutions, including Arizona State University, Michigan State University, and Howard University, offer a supply chain management specialization as part of the MBA. In Canada, the Richard Ivey School of Business has been offering a procurement and supply chain course for graduates and more advanced individuals for over a decade. In a number of universities, in particular HEC, Laval and Victoria, you can get higher education in these specialties.

It should also be noted that in September 2015, the Ministry of Labor and Social Protection of Russia approved the professional standards of a specialist and expert in the field of procurement, developed in pursuance of Art. 195.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and designed to ensure the principle of professionalism of the customer. According to Art. 195.3 of the Labor Code of the Russian Federation, which will come into force on July 1, 2016, such standards (they are also established in part 6 of article 38 of Law N 44-FZ) will be mandatory only in terms of education requirements in the field of procurement. According to this provision of the Law, contract service employees and a contract manager must have higher education or additional professional education in the field of procurement. Professional standards are divided into four levels of classification - 5th, 6th, 7th, 8th. Level 8 can be obtained by a person with at least five years of experience in procurement, including at least two years in managerial positions.

The principle of professionalism is manifested in the obligation of customers to create contract services or appoint contract managers.

Customers, whose total annual volume of purchases exceeds 100 million rubles, create contract services. If the total annual volume of purchases of the customer does not exceed 100 million rubles. and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager) (parts 1, 2 of article 38 of Law N 44-FZ).

The specified norm does not prohibit customers, whose total volume of purchases does not exceed 100 million rubles, to create contract services. We are talking about the individual approach of each customer, taking into account the specifics of activities and the distribution of responsibilities in the organization. However, in our opinion, the creation of a contract service will organize the work of the customer in the most rational way, therefore, the creation of a service in this case will positively affect the procurement procedure. If the customer's total annual volume of purchases in accordance with the schedule does not exceed 100 million rubles. and a contract service has not been created, then according to Part 2 of Art. 38 of Law N 44-FZ, he is obliged to introduce a contract manager into the structure of the organization - an official responsible for the implementation of the purchase or several purchases. That is, in fact, a contract manager is an employee of the customer's organization who solely performs the functions of a contract service.

According to Law N 44-FZ, contract service employees and a contract manager must have higher education or additional professional education in the field of procurement, then the members of the procurement commission are required to undergo professional retraining or advanced training in the field of procurement, as well as the availability of special knowledge, relating to the object of the procurement. That is, more than 50% of the number of members of the commission must be trained and have a document that confirms the advanced training or professional retraining.

It seems to us that in order to properly implement the principle of professionalism of the customer (Article 9 of Law No. 44-FZ), it is necessary to legislatively provide for uniform legal requirements for the educational level of persons making purchases.

The contract services of the customer act in accordance with the regulation (regulation), which was developed and approved on the basis of the Model Regulation (regulation), approved by Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631. To date, all customers have developed such provisions and approved.

In accordance with the standard provision, the scope of authority of contract services includes:

— procurement planning;

— organization at the procurement planning stage of 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;

— justification of purchases;

— justification of the initial (maximum) price of the contract;

— mandatory public discussion of procurement;

— organizational and technical support for the activities of procurement commissions;

— attraction of experts, expert organizations;

— preparation and placement in a unified information system in the field of procurement of a notice of procurement, procurement documentation, draft contracts;

— preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

– consideration of bank guarantees and organization of the payment of monetary amounts under a bank guarantee;

- organization of the conclusion of the contract;

- organization of acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services provided for by the contract, including the examination of the delivered goods, results of work performed, services rendered, in accordance with federal law, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

– organization of payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution;

– interaction with the supplier (contractor, performer) when changing, terminating the contract;

— organizing the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

- sending to the supplier (contractor, performer) a demand for payment of penalties (fines, penalties);

– participation in the consideration of cases on appealing the actions (inaction) of the customer and the preparation of materials for the performance of claim work.

As follows from the above list, the contract service has a lot of powers, and, accordingly, the professionalism of the employees who carry out these functions should correspond and grow with them.

At the same time, the indicated model provision is of a framework nature and, accordingly, lists the powers and functions of the contract service, but does not determine the procedure for their implementation. In our opinion, for the effective functioning of the contract service, it is necessary to develop a regulation on the actions of the contract service. It will make it possible to regulate relations arising from the procurement of goods, works, services for the needs of the customer, to determine the actions of the contract service for the exercise of its powers, as well as the procedure for interacting with other divisions of the customer, including with procurement commissions (when planning procurement, determining suppliers (contractors, performers), when concluding and executing government contracts).

An important element of the procurement for the customer is the organization of the procurement. It, as you know, begins with the implementation of its planning and preparation of procurement plans, schedules, their coordination.

The contract service of the customer needs to maintain an internal register of purchases that they carry out. This register organizes and fixes all procurement documents, ensures their interconnection. Each purchase before the formation of a notice of the purchase is assigned an individual number, which allows it to be identified.

Order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631 "On Approval of the Standard Regulations (Regulations) on Contract Service" establishes the procedure for the formation of a contract service. In particular, the contract service includes at least two people, officials or employees of the contract service, who are recruited from among the employees of the customer.

The contract service is headed by a manager who is appointed and dismissed by the customer.

There are several options for creating a contract service: the formation of a separate structural unit or the approval by the customer of a permanent staff of its employees who perform the functions of a contract service without forming a separate structural unit.

Job responsibilities of a contract service employee and a contract manager should be reflected in job descriptions. In particular, at present there are no special regulatory requirements for local regulations governing the activities of a contract manager. Therefore, in practice, the duties of this employee are determined in the employment contract and specified in the job description.

The job description regulating the activities of the contract manager is approved by order of the head of the customer organization, and this employee gets acquainted with it against signature. It covers all powers under Art. 38 of Law N 44-FZ, which, if necessary, are subject to clarification (concretization).

We believe that, since Art. 38 of Law N 44-FZ allows for a broad interpretation, the contract manager may be assigned duties that are not provided for by this rule. They should not prevent him from fulfilling his obligations under Art. 38 of this Law. However, some provisions of this rule, as a rule, will have to be duplicated. For example, it is advisable to formulate the requirement for education in an employment contract and job description as it is set out in part 6 of the analyzed article. 38: "higher education or additional professional education in the field of procurement." Considering that at present the legislator does not establish any specific requirements for higher or additional professional education in the field of procurement, in practice such education is considered to be any education of the appropriate level that is directly related to procurement (and, judging by the wording of the Law, not necessarily to public procurement).

As noted, according to Part 23 of Art. 112 of Law N 44-FZ, until 2016, the contract manager must have 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. In 2016, contract managers will need to retrain under the new federal curriculum.

The job description must also reflect that information about the contract manager is placed in the tender documentation (clause 12, part 1, article 50 of Law N 44-FZ), documentation on the electronic auction (clause 10, part 1, article 64 of Law N 44 -FZ), notification of a request for quotations (clause 4, part 1, art.

Purchasing Economist Job Description

73 of Law N 44-FZ), documentation on the request for proposals (clause 8, part 6, article 83 of Law N 44-FZ).

We believe that when developing the job description in question, it is possible to use the previously designated draft standard provision (regulation) of the contract service, prepared and published by the Ministry of Economic Development of Russia. It should be borne in mind that Part 4 of Art. 38 of Law N 44-FZ does not distinguish between the powers of a contract manager and a contract service, they are largely identical. This also applies to the powers of the procurement commission. For example, the powers of the contract manager include ensuring the implementation of the procurement, including the conclusion of contracts (clause 4, part 4, article 38 of Law N 44-FZ). This authority can also be attributed to the functions of the procurement commission. Therefore, if the total annual volume of purchases exceeds 100 million rubles. the authority to place an order will be exercised simultaneously by the customer, the contracting service and the procurement committee or, if the contracting service is not created by the customer, by the customer, the contract manager and the procurement committee.

In view of the foregoing, we consider it appropriate to delimit in Law N 44-FZ the powers of the customer, the contract service, the contract manager and the procurement commission, as well as to make up for the lack of legislation in terms of determining the powers of the customer's managers and the heads of contract services. The absence of such a distinction in the Law is an obstacle to bringing these officials to responsibility for violating the provisions of the legislation of the Russian Federation on the contract system.

Thus, the legal regulation of Law N 44-FZ has a clear focus on improving the professionalism of personnel, which, in our opinion, will become a particularly important factor in the transition to electronic procurement.

Literature

1. NW RF. 2013. N 14. Art. 1652.
2. Procurement and Supply Management: Textbook / M. Linders, F. Johnson, A. Flynn, G. Fearon. Per. from English; ed. Yu.A. Shcherbanin. 13th ed. Moscow: Unity-Dana, 2012.
3. NW RF. 2002. N 1 (part I). Art. 3.
4. Yudina M. Knowledge is power // Information and analytical publication "Bulletin of operational information" Moscow auction ". 2015. N 14. P. 34 - 35.
5. Tasalov F.A. The contract system in the field of public procurement in Russia and the USA: a comparative legal study: Monograph. M., 2016. S. 85.

If you did not find the information you need on this page, try using the site search:

1. Customers, the total annual volume of purchases of which exceeds one hundred million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory).

2. In the event that the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).

(see text in previous edition)

3. The contract service operates in accordance with the regulation (regulation) developed and approved on the basis of the model regulation (regulation) approved by the federal executive body for regulating the contract system in the field of procurement.

4. The contract service, the contract manager shall perform the following functions and powers:

1) develop a procurement plan, prepare changes to be introduced into the procurement plan, place the procurement plan and the changes made to it in the unified information system;

2) develop a schedule, prepare changes for making to the schedule, place the schedule and the changes made to it in a single information system;

3) carry out the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, the preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

4) ensure the implementation of procurement, including the conclusion of contracts;

5) participate in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepare materials for the performance of claim work;

(see text in previous edition)

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.

5. When centralizing procurement in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager shall exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution that exercise the powers to determine suppliers (contractors, performers). At the same time, the contract service, the contract manager are responsible within the limits of their powers.

6. Employees of the contract service, the contract manager must have higher education or additional professional education in the field of procurement.

APPROVE:

[Job title]

_______________________________

[Name of company]

_______________________________

_______________________/[FULL NAME.]/

"______" _______________ 20___

JOB DESCRIPTION

contract manager

1. General Provisions

1.1. This job description defines and regulates the powers, functional and job duties, rights and responsibilities of the contract manager [Name of organization in the genitive case] (hereinafter referred to as the Company).

1.2. The contract manager is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the head of the Company.

1.3. The contract manager belongs to the category of specialists and reports directly to [name of the position of the immediate supervisor in the dative case] of the Company.

1.4. 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 is appointed to the position of a contract manager.

1.5. In practice, the contract manager should be guided by:

local acts and organizational and administrative documents of the Company;
internal labor regulations;
rules of labor protection and safety, ensuring industrial sanitation and fire protection;
instructions, orders, decisions and instructions of the immediate supervisor;
this job description.

1.6. The contract manager must know:

The Constitution of the Russian Federation, civil, budgetary legislation, Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", as well as other regulatory legal acts in the field of procurement of goods , works, services to meet state and municipal needs, the needs of a budgetary institution;
general principles of procurement for state, municipal needs, needs of a budgetary institution;
basic principles, concepts and processes of the procurement system;
a procurement system for state, municipal needs, the needs of a budgetary institution in the context of social, political, economic processes in the Russian Federation;
planning methods for procurement;
the procedure for the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts (contracts), the preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) in the ways provided for by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";
the procurement procedure, including the conclusion of contracts (agreements);
criteria for evaluating applications for participation in the competition, a comparative analysis of methods for evaluating applications for participation in the competition;
the efficiency of placing orders for state, municipal needs, the needs of a budgetary institution;
control over compliance with the legislation of the Russian Federation on the placement of state and municipal orders;
measures of responsibility for violations in the placement and execution of orders for the supply of goods, the performance of work, the provision of services for state, municipal needs, the needs of a budgetary institution;
ensuring the protection of the rights and interests of participants in the placement of orders, the appeal procedure;
information support of state and municipal orders;
bases of the labor legislation of the Russian Federation.

1.7. The contract manager must have the professional skills necessary to:

performance of work in the area corresponding to the direction of activity of the structural unit;
work planning, control, analysis and forecasting the consequences of decisions;
stimulating the achievement of results and exactingness in business negotiations;
ensuring the fulfillment of the tasks set by the management;
effective work time planning;
analysis and forecasting of activities in the assigned area;
using the experience and opinion of colleagues;
delegation of authority;
use of modern office equipment and software products;
preparation of business correspondence;
systematic improvement of professional knowledge;
editing documentation at a high stylistic level;
timely identification and resolution of problem situations leading to a conflict of interest.

1.8. During the period of temporary absence of the contract manager, his duties are assigned to [name of the position of the deputy].

2. Job responsibilities

The contract manager performs the following labor functions:

2.1. Procurement plan development.

2.2. Implementation of the preparation of changes to be included in the procurement plan.

2.3. Placing a procurement plan in a single information system and making changes to it.

2.4. Development of a schedule.

2.5. Implementation of the preparation of changes for inclusion in the schedule.

2.6. Placement in the unified information system of the schedule and changes made to it.

2.7. Information about the implementation of procurement plans and schedules.

2.8. Determination and justification of the initial (maximum) price of the contract (agreement).

2.9. Implementation of the preparation and placement in a single information system of notices of procurement.

2.10. Preparation and placement of procurement documentation and draft contracts (contracts) in the unified information system.

2.11. Preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) in the ways provided for 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”.

2.12. Ensuring the implementation of procurement, including the conclusion of contracts (agreements).

2.13. Organizes mandatory public discussion of the purchase of goods, works or services in cases provided for by the Law.

2.14. Based on the results of the mandatory public discussion of the procurement of goods, work or services, if necessary, makes changes to the procurement plans, schedules, procurement documentation or arranges for the cancellation of the procurement.

2.15. Placement of customer reports provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

2.16. Placement of other information and documents, the placement of which in a single information system is provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

2.17. Participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers).

2.18. Implementation of the preparation of materials for the performance of claim work (on the basis of acts of technical specialists, heads of workshops).

2.19. Organization, if necessary, at the procurement planning stage of consultations with suppliers (contractors, performers), 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, needs budget institution.

2.20. If necessary, involve experts, expert organizations (agreed with [Name of organization]) in their work in accordance with the requirements provided for 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 ensure state and municipal needs” and other regulatory legal acts.

2.21. Maintaining the level of qualifications necessary for the performance of their duties.

2.22. Fulfillment of other obligations 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."

In case of official necessity, the contract manager may be involved in the performance of his official duties overtime, in the manner prescribed by law.

3. Rights

The contract manager has the right:

3.1. Get acquainted with the draft decisions of the management of the enterprise relating to its activities.

3.2. Submit proposals for the management to improve the work related to the responsibilities provided for in this job description.

3.3. Report to the immediate supervisor about all the shortcomings in the production activities of the enterprise (its structural divisions) identified in the course of the performance of their duties and make proposals for their elimination.

3.4. Request personally or on behalf of the immediate supervisor from the heads of enterprise departments and specialists information and documents necessary for the performance of their duties.

3.5. Involve specialists from all (individual) structural divisions of the Company in solving the tasks assigned to him (if it is provided for by the regulations on structural divisions, if not, with the permission of the head of the Company).

3.6. Require the management of the enterprise to assist in the performance of their duties and rights.

3.7. Participate, within the limits of their competence, in the preparation (discussion) of the following projects:

technical tasks; project documentation;
procurement plans;
schedule plans;
other acts of a non-normative (organizational and administrative) nature on issues provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, the needs of a budgetary institution.

3.8. He is obliged, in accordance with his competence, to participate in the preparation (discussion) of the following projects: provisions on contract service; vacation schedule for contract service employees; other acts on behalf of the immediate supervisor.

4. Responsibility and performance evaluation

4.1. The contract manager bears administrative, disciplinary and material (and in some cases provided for by the legislation of the Russian Federation - and criminal) responsibility for:

4.1.1. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.

4.1.2. Failure to perform or improper performance of their labor functions and assigned tasks.

4.1.3. Unlawful use of the granted official powers, as well as their use for personal purposes.

4.1.4. Inaccurate information about the status of the work entrusted to him.

4.1.5. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.6. Failure to enforce labor discipline.

4.2. Bears personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement and regulatory legal acts governing relations relating to:

planning the procurement of goods, works, services;
definitions of suppliers (contractors, performers);
conclusion of a civil law contract;
features of execution of contracts (agreements);
monitoring of purchases of goods, works, services;
audit in the field of procurement of goods, works, services;
monitoring compliance with the legislation of the Russian Federation.

4.3. Evaluation of the work of the contract manager is carried out:

4.3.1. Direct supervisor - regularly, in the course of the daily implementation by the employee of his labor functions.

4.3.2. Attestation Commission of the enterprise - periodically, but at least once every two years based on the documented results of the work for the evaluation period.

4.4. The main criterion for evaluating the work of a contract manager is the quality, completeness and timeliness of his performance of the tasks provided for by this instruction.

5. Working conditions

5.1. The contract manager's working hours are determined in accordance with the internal labor regulations established by the Company.

5.2. In connection with the production need, the contract manager is obliged to go on business trips (including local ones).

6. Indicators of efficiency and effectiveness of professional performance

The effectiveness of the professional performance of a contract manager is evaluated according to the following indicators:

6.1. The volume of work performed and the intensity of labor, the ability to maintain high performance in extreme conditions, compliance with official discipline.

6.2. Timeliness and efficiency of execution of orders.

6.3. The quality of the work performed (preparation of documents in accordance with established requirements, complete and logical presentation of the material, legally competent drafting of the document, absence of stylistic and grammatical errors).

6.4. Professional competence (knowledge of legislative and other regulatory legal acts, breadth of professional horizons, ability to work with documents).

6.5. The ability to clearly organize and plan the execution of assigned tasks, the ability to rationally use working time, set priorities.

6.6. A creative approach to solving problems, activity and initiative in mastering new computer and information technologies, the ability to quickly adapt to new conditions and requirements.

6.7. Awareness of responsibility for the consequences of their actions.

Acquainted with the instruction ___________ / ____________ / "____" _______ 20__

A contract manager is an official of the client who is responsible for the implementation of one or more public procurements, including the execution of each contract.

The decision to choose between these two options is made by the customer on the basis of data on the total annual volume of purchases (hereinafter referred to as ASG). If it does not exceed one hundred million rubles, then the customer appoints a contract manager. If it exceeds, then a special service is created in the organization on the basis of a model provision approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. At the same time, the requirements of the labor legislation of the Russian Federation must be observed (letter of the Ministry of Economic Development of September 30, 2014 No. D28i-1889).