home Interpreter The number of contract service should be. Standard provision (regulations) of the contract service

The number of contract service should be. Standard provision (regulations) of the contract service

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

know

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

be able to

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

own

the skill of developing a provision (regulation) on contract service (activities of a contract manager);
the skill of forming a contract service, selecting a contract manager.

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

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

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

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

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

The issue of determining the structure and number of members of the contract service is the responsibility of the customer, the only point is that it must include at least two people (clause 7 model provision). In the case of complex centralization of procurement, the customer, transferring to the authorized organization (authorized institution) the functions of planning procurement, determining suppliers, concluding government contracts, their execution, however, is obliged to create a contract service, since the authority to conduct claim work is retained by the customer.

Measures aimed at preventing conflicts of interest and the emergence of corruption risks mainly relate to the activities of the head of the contract service. In particular, the procurement participant may be excluded from participation in the procurement if the procurement participant (head of the participant) is married to the head of the contract service or is his close relative, adoptive parent or adopted (paragraph 9 of part 1 and part 9 of article 31 contract law). Also, a close relative, adoptive parent or adopted head of the contract service cannot be involved in the examination (part 2 of article 41 of the Law on contract service). The contract manager is subject to restrictions similar to the restrictions on persons associated with the head of the contract service. In order to avoid conflicts of interest, the head of the contract service should optimize the distribution official duties and personal responsibility between employees, for example, by establishing a ban on combining the functions of a contract service employee and a customer commission.

To organize the activities of the contract service, the customer forms and approves three documents - an order (another type of document is possible), a regulation on the contract service and job descriptions (regulations) of the head, employees of the contract service. Attention should be paid to the date of approval of the order - no later than the beginning of the financial year (if the SSS exceeds the established limit of 100 million rubles), and if the limit is exceeded during the financial year, the order is approved no later than the date of bringing the decision on approval of additional funding. To organize the activities of a contract manager, the customer also needs to form and approve an appointment order and a job description (regulation). It is also advisable to reflect the functions and powers of the head, contract service employees, contract manager in the employment contract.

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

development and placement in the EIS of a plan, a procurement schedule, preparation and placement of changes made to them;
preparation and placement in the EIS of a notice, procurement documentation;
preparing and sending an invitation to participate in the selection of suppliers by closed methods;
ensuring the implementation of procurement, including the conclusion of a contract;
provision of explanatory work, provision of documents and information on procurement by bodies (organizations) exercising control in the field of procurement, departmental, public control;
preparation of documents and participation in claim work;
organizing and participating in consultations with suppliers;
performance of other powers provided for by the regulations (regulations).

It's important to know

Based on the purpose of creating a contract service, the appointment of a contract manager (ensure planning, procurement, support for the conclusion and execution of the contract), it follows that they are obliged to ensure the fulfillment of all the powers of the customer provided for by the Law on the contract system. And although their functions and powers are defined in the Model Provision (clauses 13-17), the details of the content of such functions and powers are currently absent and left to the discretion of the customer.

Manager, contract service workers, contract manager recognized in in due course guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, bear responsibility, including administrative, disciplinary, civil, criminal.

As part of the implementation of administrative proceedings, the contract service, the contract manager are obliged to fulfill the instructions (on the elimination of violations), submissions (on the elimination of the causes and conditions for the commission of the offense). It should be noted that they bear administrative responsibility as officials. Bringing to disciplinary responsibility is carried out for the admission of violations of the law, improper performance of their duties in accordance with the legislation on labor and types of state and municipal service. The application of measures of civil liability is carried out on general grounds, for example, on claims for compensation for harm caused to third parties as a result of committing misconduct(inaction). With such a requirement, the customer may come out in the order of recourse of claims to employees of the contract service, the contract manager. Criminal liability arises for the culpable commission of unlawful socially dangerous acts, the responsibility for which is provided for by the Criminal Code of the Russian Federation, in particular, such elements of crime as restriction of competition (Article 178), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Art. 183), abuse of power (art. 201).

test questions

1. Is it possible for one customer to create several contract services? Justify the answer.
2. Is it possible to perform the functions of the contract service of the executive authority by the contract service of a subordinate state institution?
3. What do you know about the principles of the contract service when planning and making purchases?
4. What is the value of the total annual volume of purchases in the formation of a contract service by the customer?
5. Is the simultaneous activity of a contract service and a contract manager for one customer legal?
6. What are the features of the activities of the contract manager in the centralization of procurement?
7. What forms of organization of contract service do you know? Which one do you think is the most effective?
8. What are the design options labor relations contract service employees, contract manager?
9. Is it possible to combine the duties of a contract service employee (contract manager) and a member of the customer's procurement commission?
10. What are the functions of the head of the contract service?

Tests

See: United qualification guide positions of managers, specialists and other employees.
The contract service operates in accordance with the regulation (regulation): a) approved by the federal executive body on the regulation of the contract system in the field of procurement; b) developed and approved by the federal executive body for the regulation of the contract system in the field of procurement; c) developed by the customer and approved by the federal executive body for regulating the contract system in the field of procurement; d) developed and approved by the customer.

1. Customers whose total annual volume of purchases exceeds one hundred million rubles create contract services (with the creation of a special structural unit is optional).

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:

(see text in previous edition)

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

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 the determination of 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 best technology 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.

To do this, it is necessary to issue an order on the creation and approve the regulation on contract service, drawn up on the basis of the Model Regulations of the Ministry of Economic Development. It is not necessary to create a separate structural unit. Include at least two people from among your employees in the service: the head and the contract service worker. These employees are subject to special requirements - higher or additional professional.

In what cases is the creation of a contract service mandatory?

You must create a contract service if your SSS exceeds 100 million rubles. ().

The rest of the customers determine on their own whether a contract service is needed or whether it is enough to appoint a contract manager (З, Letter of the Ministry of Economic Development of Russia dated March 31, 2017 N OG-D28-4077).

How to organize the work of the contract service

First of all, it is necessary to choose the form of creating a service - as a separate structural unit or without the formation of such, then prepare a regulation on the contract service, which will determine its functions. It is necessary to fix the decisions made by order.

Define the form for creating a contract service

It is not necessary to separate the contract service into a separate structural unit. Depending on your staffing capabilities, the volume and intensity of purchases, determine for yourself whether it is necessary to separate the contract service into a separate structural unit or whether it is advisable to endow the existing staff with the functions of a contract service.

Creation of a contract service without a separate department- a simple way of organizing: employees perform the functions of a contract service without interrupting their main work. The Ministry of Economic Development also points to the possibility of combining the functions of a contract worker and other job responsibilities (Letter of the Ministry of Economic Development of Russia dated December 30, 2015 N D28i-3860). Such a service may be headed by the head of the customer or one of his deputies.

Contract service as a separate structural unit, for example, the procurement department, is attractive in that employees do not have to combine different labor functions, which will allow for a more even distribution of the workload. In this case, it is necessary to provide for a separate position for the head of the contract service. Such features of the organization of the contract service are established by paragraph 9 of Model Provision N 631.

Prepare a position on the contract service

The contract service must operate in accordance with the main document - a regulation or regulation, determine the name yourself. it binding document, without it the contract service cannot function. Develop it on the basis of Model Provision N 631 ().

Regulations on contract service in the form of a separate procurement department prepare in the same way as for contract service without isolating a separate unit. Later, you will approve this provision by order, in which you will establish the form for creating the service that you need.

Take Model Regulation N 631 as a model, but note that some of its norms do not comply current edition Law N 44-FZ. For example, the Model Provision provides for the authority of the contract service to check the eligibility of procurement participants, while the requirement for the eligibility of participants is excluded from Law N 44-FZ (subparagraph “a”, paragraph 8 of article 1 of the Federal Law of 04.06.2014 N 140-FZ , paragraph 2 ("g") paragraph 13 of Model Provision N 631). In this case, be guided by the norms of Law N 44-FZ.

In the provision on the contract service, fix the procedure for the service at all stages procurement activities, as well as establish the conditions for the interaction of the service with the procurement commission, customer departments, other persons involved in the procedures (for example, a specialized organization or independent experts).

For effective workload sharing, set a provision for whether your contract service employees can be members of the procurement commission.

Determine functional responsibilities contract service.

When planning purchases contract service :

develops a plan, a procurement schedule and prepares, if necessary, changes to them; See also:
places in the EIS a plan, and the changes made to them;
justifies purchases;

List continued

organizes and participates in consultations with suppliers 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 the needs of the customer.

When organizing purchases contract service :

develops and places in the EIS a notice, procurement documentation and a draft contract;
forms and sends invitations to participate in the selection of suppliers by closed methods;
prepares the rationale for the NMCC;
organizes purchases;

List continued

ensures the activities of procurement commissions;
attracts experts expert organizations.

When making purchases contract service:

ensures the implementation of procurement, including the conclusion of contracts;
reviews bank guarantees;
participates in the consideration of cases on appealing the results of the determination of suppliers.

At the conclusion, execution of the contract contract service:

organizes the conclusion of the contract;
organizes the acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;
organizes the examination of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the execution of the contract;

List continued

ensures the creation of an acceptance committee;
organizes payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution.

When changing and terminating the contract contract service:

interacts with the supplier (contractor, performer);
organizes the inclusion in the RNP of information about the supplier (contractor, performer);
sends requests for payment of penalties (fines, penalties);
organizes the payment sums of money under a bank guarantee;
generates materials for claim work.

These functions are also established in paragraphs 11, 13 of Model Provision N 631.

Issue an order to create a contract service

In order to complete the process of creating a service and approve the regulation on the contract service, issue an order. Include in it information about the person who you appoint as the head, and if you create a service without highlighting a division, a list of employees who will be part of it. Also indicate the term for the preparation by the head of documents defining the duties and personal responsibilities of contract service employees in accordance with clause 10 of Model Regulation N 631.

Approve such an order no later than the beginning of the financial year in which your SGOZ exceeds 100 million rubles. If such an excess occurs as a result of the approval of additional amounts of funding - no later than the date of bringing the relevant decision. It follows from .

Who should be in the contract service

Regardless of the form of creation of the contract service, it must include a manager and an employee. The quantitative composition of the contract service cannot be less than two employees (clause 7 of Model Regulation N 631). We recommend that you include at least three members, this will help to avoid some controversial situations related to decision-making, as well as to balance the work process of the service, taking into account vacations and sick days. Other mandatory requirements to the structure of the contract service is not established by law.

If necessary, you can increase or decrease the number of contract service, depending on the intensity of your purchases.

You can form a competent staff of the service, based on the specifics of the most frequently purchased goods, works, services - for example, by attracting specialized specialists.

Who can be a Contract Manager

When forming a contract service, you need to appoint a leader who will head this service.

Appoint the head of the customer or one of his deputies as the head of the contract service without forming a structural unit. If the contract service is formed as a separate structural unit, then appoint the head of such a unit as the head of the contract service (clause 9 of Model Regulation N 631).

The head of the contract service must have a higher or additional professional education in the field of procurement ().

Peculiarities legal status establish the head of the contract service in the regulation on the contract service, and the job duties, powers and responsibilities should be fixed in as much detail as possible in job description.

Who can be a contract worker

Contract service employees are selected from among the customer's employees. This is indicated by the Ministry of Economic Development of Russia in the Letter of November 16, 2016 N D28i-2993.

All contract service employees must have a higher education or additional professional education in the field of procurement ().

In addition to education requirements, we also recommend taking into account the special requirements of professional standards - "Expert in the field of procurement" and "Specialist in the field of procurement". Use them when forming a contract service for efficient distribution labor functions.

Contract worker job description sample

A sample job description is drawn up taking into account the professional standard

1. General Provisions

1.1. A person who has:

1) higher education (specialist, magistracy), additional professional education for advanced training programs or programs professional retraining in the field of procurement;

2) at least 4 years of work experience in the field of procurement.

1.2. The contract worker must know:

1) legal requirements Russian Federation and regulatory legal acts regulating activities in the field of procurement;

2) the basics of civil, budgetary, land, labor and administrative legislation in terms of application to procurement;

3) fundamentals of antimonopoly legislation;

4) economic bases of pricing;

5) basics accounting in terms of application to procurement;

6) fundamentals of statistics in terms of application to procurement;

7) features of pricing in the market (by directions);

8) features of the preparation of procurement documentation;

9) the procedure for establishing pricing factors and identify quality characteristics affecting the cost of goods, works, services (by directions);

10) law enforcement practice in the field of logistics and procurement;

11) methodology for conducting:

Checks (examinations) of the procurement procedure and documentation;

Examination of the compliance of the results stipulated by the contract with the terms of the contract;

12) the procedure for drawing up a document in the form of a conclusion based on the results of an audit (examination) of the procurement procedure and documentation;

13) features of preparing documents for claim work;

14) ethics business communication and rules of negotiation;

15) labor discipline;

16) Internal labor regulations;

17) labor protection requirements and fire safety rules;

18) ……… (other documents, materials, etc.)

1.3. The contract worker must be able to:

1) use computing and other auxiliary equipment, means of communication and communication;

2) negotiate, analyze data on the progress of fulfillment of obligations;

3) organize and conduct procedures for attracting experts, expert organizations;

4) verify the compliance of facts and data when providing (presenting) the results provided for by the contract with the terms of the contract;

5) apply measures of responsibility and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;

6) involve third-party experts or expert organizations for examination (verification) of the compliance of the results provided for by the contract with the terms of the contract;

7) draw up and draw up documents based on the results of the audit;

8) ……… (other skills and abilities)

1.4. The employee of the contract service in his activities is guided by:

1) Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law of 18.07.2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law of 02.12.1994 N 53-FZ "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs";

2) ……… (name of constituent document)

3) Regulations on ……… (name of the structural unit)

4) this job description;

5) ……… (names of local regulations governing labor functions by position)

1.5. The contract service employee reports directly to ……… (title of the position of the head)

1.6. The contract service employee manages ……… (name of the structural unit or line of activity within which a group of subordinate employees is organized)

1.7. ……… (other general provisions)

2. Labor functions

2.1. Examination of the results of procurement, acceptance of the contract:

1) verification of compliance with the terms of the contract;

2) checking the quality of the presented goods, works, services.

2.2. Management of subordinate employees.

2.3. ……… (other functions)

3. Job responsibilities

3.1. The contract worker has the following responsibilities:

3.1.1. As part of the labor function, verification of compliance with the terms of the contract:

1) receives information on the course of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;

2) checks the accuracy of the information received on the progress in fulfilling the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;

3) organizes the procedure for acceptance of individual stages of the execution of the contract and the creation of an acceptance committee;

4) involve experts, expert organizations in the examination of the delivered goods, work performed or services rendered;

5) interacts with the supplier (contractor, performer) when changing, terminating the contract;

6) apply liability measures and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract, including organizing the inclusion in the register of unscrupulous suppliers.

3.1.2. As part of the labor function, checking the quality of the presented goods, works, services:

1) checks the compliance of the results stipulated by the contract with the terms of the contract;

2) checks the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;

3) organizes the procedures for acceptance of the delivered goods, work performed (its results), services rendered and creates an acceptance committee;

4) engage external experts or expert organizations to examine (verify) the conformity of the results stipulated by the contract with the terms of the contract;

5) prepares materials for the consideration of cases on appealing against the actions (inaction) of the customer and for the performance of claim work;

6) draws up and draws up documents based on the results of the audit.

3.1.3. As part of the labor function, the management of subordinate employees:

1) distributes labor functions, job assignments between subordinate employees and exercises control over their implementation;

2) provides subordinate employees with advisory support, gives explanations and instructions in the framework of the performance of labor functions by subordinate employees;

3) ensures compliance with labor legislation and legislation on labor protection in relation to subordinate employees, creation of working conditions that meet the established requirements;

4) allows conflict situations between subordinate employees;

5) ……… (other duties)

3.1.4. As part of the performance of his labor functions, he performs the instructions of his immediate supervisor.

3.1.5. ……… (other duties)

3.2. In the performance of their duties, the lead procurement specialist must comply with the following ethical standards:

1) respect the confidentiality of information;

2) observe the ethics of business communication;

3) take an active position in the fight against professional dishonesty;

4) not to disclose the materials of working studies;

5) not create conflict situations in the workplace;

6) not to take actions that discredit the profession and reputation of colleagues;

7) to prevent slander and dissemination of information discrediting other organizations and colleagues.

3.3. ……… (other job descriptions)

4. Rights

A contract worker has the right to:

4.1. Participate in the discussion of draft decisions of the organization's management, in meetings for their preparation and implementation.

4.2. Ask the immediate supervisor for clarifications and clarifications on these instructions, issued assignments.

4.3. Request on behalf of the immediate supervisor and receive from other employees of the organization necessary information documents required for the execution of the order.

4.4. Get acquainted with the draft decisions of the management regarding the function performed by him, with documents defining his rights and obligations in his position, criteria for assessing the quality of the performance of his labor functions.

4.5. Submit proposals on the organization of labor within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in the discussion of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The contract service worker is held liable for:

For improper performance or non-performance of their official duties provided for by this job description - in the manner prescribed by the current labor law Russian Federation, procurement legislation;

For offenses and crimes committed in the course of their labor activity, - in the manner prescribed by the current administrative and criminal legislation of the Russian Federation;

For causing damage to the organization - in the manner prescribed by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description has been developed on the basis of professional standard"", approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation of September 10, 2015 N 625n, taking into account ... ... ... (details of the organization's local regulations)

6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract).

The fact that the employee is familiarized with this job description is confirmed by ……… (signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; otherwise)

6.3. ……… (other final provisions).