The contract service is organized by the customer. Functions, rights and obligations of the contract service (contract manager)

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For those who have been working with public procurement for a long time and monitoring changes in legislation, it is far from a secret that since 01/01/2017 there are clearly regulated requirements for the education of contract service employees and contract managers.

This happened due to the entry into force of the Order of the Ministry of Labor of Russia of September 10, 2015 N 625n "On approval of the professional standard "Specialist in the field of procurement" and the Order of the Ministry of Labor of Russia of September 10, 2015 N 626n" On the approval of the professional standard "Expert in the field of procurement".

The application of a professional standard by an employer means its use “when forming personnel policy and in personnel management, in organizing training and certification of employees, developing job descriptions, billing work, assigning tariff categories employees and the establishment of wage systems, taking into account the peculiarities of the organization of production, labor and management.

Thus, now when applying for a job, being appointed to a position, being sent for training, etc., personnel service the customer should rely on the introduced professional standards.

In accordance with the standard, certain requirements are imposed on an employee performing a particular generalized labor function:

Table 1.

As the table shows, if the customer is engaged in procurement (including acceptance of the results of the contract), for example, only one employee, then he must meet fairly high requirements - to have higher education in the specialty (master's degree), complete additional professional education in the field of procurement and have at least 4 years of practical experience in procurement. If there are several such employees and they perform different generalized labor functions, then the requirements for them may be different depending on the function performed. The highest demands are in any case placed on the employee who is responsible for accepting the results of the contract (1).

So what are the requirements for the education of contract service employees in the approved professional standards?

For contract managers and contract service employees, according to current legislation and amendments that entered into force on January 1, 2017, it is sufficient (strongly recommended) to have one of next levels education:

• higher education (excluding profile);
• professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (secondary or higher);
• 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;
• additional professional education in the field of procurement.

Requirements for the qualifications of the customer's employees are also put forward in the law on the contract system itself and in the training guidelines.

According to the law on the contract system, customers are required to be as competent as possible and must be aware of their responsibility when using and distributing budgetary funds, therefore Law No. 44 FZ imposes the following conditions:

1. Customers are obliged to improve the level of qualification and vocational education employees of contract services and commissions, including through advanced training or professional retraining in the field of procurement (Article 9 No. 44-FZ).
2. Requirements for the professional composition of the commission of the customer and the composition of the contract service: the commission must be formed from persons who have undergone professional retraining or advanced training in the field of procurement or who have special knowledge related to the object of procurement (part 5 of article 39 No. 44-FZ).
3. Qualification requirements for contract service workers, contract managers - must have higher education or additional professional education in the field of procurement (part 6 of article 38 No. 44-FZ, letter of the Ministry of Economic Development of Russia dated 04/06/2016 No. D28i-841, letter of the Ministry of Economic Development of Russia dated 13.05 .2016 No. D28i-1220; Professional standards "Expert in the field of procurement" and "Specialist in the field of procurement").

Read about the terms, forms and cost of training in the contact system (44-FZ) in the following article

(1)https://otc.ru/academy/articles/profstandarts_44fz_223fz

the federal law Russian Federation dated 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" requires state and municipal customers with annual purchases of more than 100 million rubles to organize a special contract service .

It is impossible to make purchases without a contract service. Customers with smaller volumes of purchases can organize a contract service of several people or limit themselves to the appointment of one contract manager .

The chief manager of budgetary funds may recommend to subordinate budgetary institutions the form of organization of the contract service.

Consider the options for organizing a customer contract service.

Contract service as a structural unit

A structural unit is a dedicated management body in an approved organizational structure with independent tasks, functions and responsibility for the performance of the tasks and functions assigned to it. The number of units is determined by the staffing table.

To create a unit, you will have to work on the documents:

• It is necessary to make changes in the organizational structure, numerical composition and staffing institutions, issue an order approximately as follows: From 01.01.2017, create a contract service department in the institution. Establish the headcount of the department for 2017 - 5 positions, including: head of the contract service department - 1 person, ...
• Approve contract service provision (about the contract service department) in accordance with the standard .
• Develop job descriptions
• Hire the right specialists (conclude labor contracts).

The structural unit may not be indicated in the employment contracts of employees. Labor Code does not oblige to specify employment contract place of work up to the structural unit. This information can be enshrined in the employment contract as additional condition at the request of the parties (part 3 of article 57 of the Labor Code of the Russian Federation). The condition for employment in a particular unit should be reflected in the order for employment issued on the basis of an employment contract and indicated in work book worker.

Contract service without the formation of a special structural unit

In this case, not the regulation on contract service will be approved, but regulations - the procedure for the work of procurement specialists, their powers and responsibilities, the procedure for coordinating documents, i.e. algorithm of work and interaction of all those involved in procurement activities. The regulation is a description of the entire procurement process, separation of functions, sequence of actions, coordination (who contacts with whom and for what reason), agreement and deadlines for each stage. Based on the regulations, job descriptions are prescribed.

In the staffing table, you can enter several positions without creating a special structural unit.

Purchasing professionals may also perform other functions and be in different departments- accounting, legal service, departments for which the purchase is carried out - or report directly to the head of the institution.

Position of contract manager

There is a similar document flow (in this order):

• Introduction of a new position, creation of a new staffing table or changes to an existing one
• Job description (introduced by order of the head)
• Labor contract.

If the institution already has staff experienced in procurement, the functions of a contract manager may be offered to them. An assignment to an employee to perform work on the position of a contract manager can be carried out:

• way combination of positions when the employee, along with his main job, stipulated by the employment contract, performs extra work in another profession (position). Article 151 of the Labor Code establishes that the amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract.

• By transferring to a new position. In this option, you need to prepare a proposal for transfer to the position of contract manager, then issue a transfer order. Taking into account that the employee’s labor function and the terms of the employment contract are changing, in additional agreement it is necessary to provide for the statement of the employment contract in a new edition.

Staffing and professional standards

The staffing table is a document reflecting the structure and staff of the institution. It contains information about all structural divisions, salaries, personal allowances, total number and fund wages institutions. Establishing the structure of the institution, staffing, distribution of duties are within the competence of the institution itself (for example, for educational institutions this is established by clause 9 of part 2 of article 32 of the Law of the Russian Federation "On Education"). On the one hand, the head of a budgetary institution formally has independence in choosing organizational structure and staffing, on the other hand, this choice is limited by the amount of funds allocated from the budget (wage fund), the number of positions in a typical staffing table(departmental staffing standards).

On July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for the application of professional standards by employers came into force. 2 professional procurement standards approved: "Purchasing Specialist" and "Purchasing Expert". A connection has been established between these standards and the CEN (Unified Qualification Directory for the Positions of Managers, Specialists and Other Employees) and OKPDTR ( All-Russian classifier professions of workers, positions of employees and wage categories).

Qualification characteristics that are contained in professional standards are mandatory if the relevant legislation is established. qualification requirements. In the part that is not related to qualifications, professional standards are advisory in nature and can be used to develop job descriptions, conduct certification, and establish a remuneration system.
The professional standard "Specialist in the field of procurement" (qualification level from 5 to 8) has been developed for a group of positions:

• Procurement Specialist
• Leading Specialist
• contract service worker
• Contract manager
• Purchasing Consultant
• Deputy head of department
• Department head
• Advisor
• Supervisor

Professional standard "Expert in the field of procurement" (qualification level from 6 to 8) - for a group of positions:

• Purchasing Consultant
• Senior Purchasing Specialist
• Purchasing Expert
• Deputy head/director (department, department, organization
• Head/Director (department, department, organization)
• Contract manager
• Head of contract service

Are these necessarily job titles included in the staffing? The answer is given by the Labor Code: yes. If there are restrictions on certain positions, then the names of these positions and qualification requirements for them must correspond to the names and requirements specified in qualification guides, professional standards (Article 57). Restrictions include qualification restrictions.
Qualification restrictions are established by Federal Law No. 44-FZ (Article 38 Part 6): contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
In accordance with professional standards The Procurement Specialist must have:

• Secondary vocational education
• Additional professional education - advanced training programs and professional retraining programs in the field of procurement;

And the expert:

• Higher education - specialty, magistracy
• Additional professional education - advanced training programs / or professional retraining programs in the field of procurement.

For this, the second group of positions, it is mandatory not only to have proper education, but also work experience - at least five years in the field of procurement, including at least three years in managerial positions.

After issuing an order to introduce a new position, draw up a job description in which you designate all the duties of an employee in accordance with 44-FZ. As a result, you will be able to accept a new employee for a position or transfer an employee who is already working in your organization from another position to it.

Irina Kozlova

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.

From January 1, 2017, a contract manager is required to have a higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient. With this requirement, the legislator tightened the requirements for professional level an employee responsible for procurement in an organization.

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 the KU. If it exceeds, then a special service is created in the organization based on 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. 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 are set out 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.

The letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996 specifies who can be appointed as a contract manager under 44-FZ - only a full-time employee of the organization. It is impossible to take on this position of an outsourcer!

Regulatory documents

In work executive, which is responsible for procurement, is guided by the following regulatory documents:

• the Constitution of the Russian Federation;
• Federal Law No. 44-FZ;
• civil and budgetary legislation;
• regulations, which regulate the scope of public procurement in Russia;
• job description or position on the manager.

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, unified form not developed, so they make it up in free form on the letterhead of the organization.

The order should refer to Article 38 of Law 44-FZ, list one or more employees who are appointed to such a position. At the same time, it is allowed to approve the instruction to it, which defines the work responsibilities.

Job Responsibilities

Job responsibilities of a contract manager under 44 Federal Laws in budget institution are as follows:

• implementation of procurement planning (market research necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
• conducting (creation and placement in the Unified information system notices, procurement documentation, draft contract and sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods);
• conclusion of a contract, its termination and amendment 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 are fixed with the help of a job description.

This position appears when the total annual value of the customer's purchases does not exceed 100 million rubles, and there is also no contract service.

One customer may have several contract managers on staff who will be engaged in procurement in different areas. For example, one manager can purchase construction and repair work, another - a grocery basket, a third - various equipment, etc.

Duties

The provisions of part 4 of article 38 of 44-FZ describe what the contract manager must do, whose duties are as follows:

• Develop and prepare changes for implementation this plan, place the plan in a single information system, make changes to the plan.
• Develop a schedule, prepare changes for it, make a schedule in the EIS, make changes to the schedule.
• Prepare and place in the EIS notices of procurement execution, procurement documents, prepare and send invitations to participate in the selection of suppliers in a closed way.
• Make purchases and conclude contracts.
• Participate in the consideration of cases concerning the appeal of the results of the selection of suppliers and prepare material for the performance of claims and lawsuits.
• Organize consultations with suppliers, if the case so requires, take part in such consultations to identify competitive environment, identifying the best technologies, resolving issues related to the provision of state needs. this work should be carried out at the procurement planning stage.
• Perform other duties that are provided for by 44-FZ.

Requirements

The federal law does not contain specific requirements for an employee applying for the position of "contract manager" to improve his qualifications. But nevertheless, according to Article 39 of 44-FZ, only those persons who have undergone professional training or have certain skills can be included in the commission of the customer.

Federal law defines the requirements for those employees who want to become contract managers. Firstly, the employee must have a higher education, and secondly, a document confirming the presence of additional education in the procurement field.

There is also such a thing as professional standards according to 44-FZ. The law decided not to use the concept of “advanced training” anymore in everyday life. There is professional training and retraining. Why not upgrade? The first concept is aimed at updating existing skills and increasing professionalism within the framework of existing education. The second concept is aimed at obtaining a new qualification, that is, the employee will be retrained.

The law established deadlines until January 1, 2017, for all employees holding the position of a contract manager to undergo retraining and meet the stated requirements.

A contract manager according to 44-FZ is an employee who has the following documents:

• for those employees who received training at seminars with a completion time of 72-100 hours;
• certificate of advanced training: for those who have studied over 100 hours;
• diploma of professional retraining: for those who have trained over 1000 hours.

professional standards

Based on part 1 of article 9 of 44-FZ, employers must ensure their activities and the activities of the contract manager on a professional basis. Therefore, the customer is obliged to give the position of "contract manager" only to those employees who have the necessary skills and knowledge related to the procurement area.

In addition, such a specialist has the right during work to improve the level of professional training, knowledge of procurement activities, skills corresponding to the position held, as well as the level of qualifications in the field of public procurement.

An employee who decides to undergo retraining must undergo training as a contract manager. Training can take place both internally and in absentia. Online courses are now very popular. This form of training involves continuous learning from the work itself. These courses consist of theoretical and practical parts.

Choosing distance learning, the employer must still be prepared to provide the employee with some free time to practical tasks. For those employees who improve their skills, a minimum of 16 hours is given for training. And for those who undergo retraining, a minimum of 250 hours is given.

The contract manager can be a new employee, an employee who is transferred to this position by order, or an employee who combines this position with the main one.

Job description

The legislation does not contain any notes on what exactly the official contract manager should contain and what it should be at all. Therefore, the manager can independently choose a document that will regulate the work of the contract manager, where the duties and rights of this employee are prescribed.

You can specify job obligations in the employment contract or in an annex to it, but in this case they must be drawn up in accordance with the professional standards of the contract manager.

Sometimes this option is not very convenient for implementation, so the management of the organization can draw up a document not specifically for the employee, but for the position as a whole. There is no specific sample of how the job description of a contract manager should look like. Therefore, each organization where there is a similar position can create its own unified form.

There is one nuance that must be taken into account and the employee who intends to take the stipulated position must be notified about this. The instruction of the contract manager under 44-FZ must contain information that this employee is liable before the law and may be fined or subject to administrative punishment for failure to fulfill their duties or for abuse of their powers.

A responsibility

Taking into account the provision of Part 5 of Article 38 of 44-FZ, the responsibility of the contract manager is within the limits of the duties that he performs. The instructions must clearly describe the duties of the employee in this position and the responsibility that he bears for failure to fulfill these duties.

The employee is liable in accordance with the Labor Code of the Russian Federation for non-fulfillment or neglect of his official duties provided by the instruction, as well as for causing material harm to the employer.

In addition, the contract manager may be subject to criminal, civil or administrative penalties for an offense that is committed in the course of his employment.

It is legally established that contract managers can bear individual responsibility for compliance with the requirements established by the law on the contract system in the field of procurement. Individuals who violate the provisions of the law and regulations may be subject to penalties, up to and including criminal penalties.

Penalties

As mentioned above, the contract manager under 44-FZ, whose job description implies responsibility, must be attentive to his work. Penalties for non-performance or abuse of their duties include:

1. Administrative penalty. The amount of fines is determined by the Code of Administrative Offenses of the Russian Federation.
2. Disciplinary action.
3. Criminal penalty.

Purpose

When appointing a contract manager, the customer must adhere to the following algorithm:

• introduced new position in the current staffing of the organization;
• the job description of the contract manager is drawn up;
• an order is issued to appoint a contract manager in this organization.

Process Automation

A lot of programs are currently being created that are aimed at helping to make management decisions. Automation in public procurement is becoming more and more popular.

Special programs perform monitoring, create schedules, notify suppliers and perform many other useful actions. But machines will not soon replace human labor. Even though the program does most of the work, the employee must double-check all the information. But, nevertheless, automation significantly reduces the time of work and labor costs.

Creation of a contract service

According to the repeatedly mentioned 44-FZ, the determining moment in the creation of a contract service is the total annual volume of public procurement in accordance with the schedule.

The customer must create a contract service if the figure exceeds 100 million rubles.

Legislation gives customers a choice - to change structural system his organization, creating a new department, or to distribute responsibilities between working employees through part-time work. And this is with an indicator below 100 million rubles. If not created, a contract manager is appointed according to 44-FZ, whose job description includes all the duties prescribed by law.

Creation methods

If the employer has stopped at creating a contract service, then he has several ways to do this:

1. The customer forms a separate structural unit, the head of which is the head of the contract service. This method is relevant for very large enterprises, where the department includes a large number of employees working in the state on a permanent basis.
2. The customer prepares an order, which indicates the permanent staff. As a result, a separate service is formed (not to be confused with structural unit). Leadership is assumed by the deputy head of the organization. The main advantage of this method is the quick disbandment of the department if necessary. Usually such a service consists of several people.

Public Procurement Commission

According to Article 39 of the 44-FZ, the customer is obliged to decide on the formation of a commission before the start of procurement to identify suppliers. He appoints the composition of the commission, the order of work and the chairman. The exception is when there is only one supplier.

The composition of the commission includes at least five people, if it is:

• holding competitions;
• holding auctions;
• requests for quotations, offers (single commission).

The composition of the commission must be at least three people, if it is:

• conducting quotations;
• commission to review applications and final proposals.

If, during the creation of the commission, it turns out that it includes a person who is personally interested in choosing a particular supplier, the customer must immediately replace him with another individual who is not interested in the final result of the procurement.

The Commission may perform its duties and make a decision if at least half of its members are present at the meeting.

Members of the commission must be notified in advance of the date, time and place of the meeting. Absentee decision-making, as well as the transfer of voting rights, are prohibited.