Federal Law “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” was adopted in 2013. Despite the fact that the law turns 5 years old this year, it continues to remain one of the most relevant and in demand. On our website you can find a whole section dedicated to both the Federal Law 44 as a whole and its individual provisions. In total, the law contains 114 articles, so there is a lot of information to study.

The procedure for creating a contract service under 44 Federal Laws

First you need to understand the concept contract service according to Federal Law 44. Contract service is a group of specialists that is responsible for the implementation of the entire cycle of government procurement. The procedure for its creation is prescribed in Article 38 of Chapter 3 on procurement of Federal Law 44.

You might be interested; Federal Law 220 in the latest edition

If during the year the volume of government procurement according to the schedule amounted to more than 100 million rubles, the customer is obliged to create a contract service. The law does not oblige it to be identified as a separate structural unit of the organization (Part 1, Article 38 of Federal Law 44).

Read the latest changes in the law on contract service in Russia

If the final annual volume of government procurement does not exceed the specified amount, the customer has the right to independently decide whether to create a contract service or appoint an official responsible for procurement and execution of the contract, i.e. contract manager(Part 2 of Article 38 of Federal Law 44) .

Requirements for contract service according to law

The contract manager and absolutely all contract service employees, regardless of the functions they perform, must have higher education. An employee who does not have a higher education must receive additional specialized education to obtain access to government procurement (Part 6, Article 38 of Federal Law 44). We are talking about special advanced training courses.

To the number operating principles contract service include:

• Attracting highly qualified personnel with special knowledge and experience in the field of public procurement;
• Free access to information about actions taken and results achieved;
• Signing contracts on favorable terms that ensure efficiency;
• Compliance with laws;
• Personal responsibility.

In its activities, the contract service is obliged to be guided by the legal and regulatory legislation of Russia: the Constitution of the Russian Federation, directly the law 44-FZ, civil and budget legislation, other acts (government resolutions, ministry orders, etc.) and the regulations of the customer itself.

You may be interested in: Federal Law 161 in the latest edition. details

Compound

As already mentioned, one official, the contract manager, can service the procurement of a supplier whose total annual volume of government procurement does not exceed one hundred million rubles.

If the amount attributable to government procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer himself, however the minimum composition is limited to two employees. This condition is dictated by the standard provision.

The contract service can be created as a special department, or by approving a permanent staff of employees performing the relevant functions. Regardless of the method of forming a contract service, it must be headed by a manager who determines job responsibilities and personal responsibility of each of his subordinates.

The regulations establishing the rules for organizing the activities of the customer's contract service when planning and conducting procurement of goods, works and services should be based on the standard regulations developed by the Ministry economic development Russia - the federal executive body regulating the contract system in the field of procurement (Part 3 of Article 38 of Federal Law 44) .

This document largely duplicates the essence and content of Article 38 of Federal Law No. 44. IN regulations of the service additionally contains the following information:

• General provisions: goals and conditions of creation, the legislative framework, operating principles, structure, number and responsibilities of employees;
• Authority when performing duties and functions;
• Responsibility service workers.

The law provides for the possibility of centralizing procurement by creating a special body or institution whose task is to identify suppliers for the customer (Part 1 of Article 26 of Federal Law 44). However, all other powers exercised during the procurement process, such as justification of purchases, determination of conditions (including prices) and signing of a contract, etc., must be exercised by the customer and his contract service. The latter bears responsibility exclusively within the framework of its own powers (Part 5 of Article 38 of Federal Law 44).

Download Federal Law 44 with the latest changes

A large government customer needs to have a team of specialists accompanying the contract at all stages. The creation of a contract service makes the public procurement process efficient and reliable.

We offer you No. 44 Federal Law dated 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” in the latest edition.

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

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

What is a contract service or contract manager?

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

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

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

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

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

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

Contract service models

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

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

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

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

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

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

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

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

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

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

General procedure actions to create a contract service on the part of the government customer are as follows:

• issuance of an order on the creation of a contract service, which comes from the management of the state customer;
• creation of regulations on contract service;
• publication of regulations for the contract service;
• formation of contract service staff;
• publication of job descriptions for contract service employees;
• publication of commission regulations on competitive procurement.

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

The contract service includes:

• head of a structural unit;
• specialists who work with potential suppliers through special procedures;
• employees who will carry out the permit financial issues (often these functions are transferred directly to the customer’s accounting department employees).

A complete list of employees and their job responsibilities is created by the customer himself based on his needs. However, one condition must be met - all contract service employees must have the appropriate education.

Contract manager

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

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

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

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

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

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

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

Functions, rights and responsibilities of the contract service (contract manager)

1. Regulatory regulation of the activities of the contract service (contract manager

In its activities, the contract service must be guided by the following legal norms, regulatory legal acts Russian Federation:

• 1. The Constitution.
• 2. Civil legislation.
• 3. Budget legislation.
• 4. Federal Law No. 44-FZ.
• 5. Other regulatory legal acts.

In addition, contract service employees are guided by the Standard Regulations approved by the Ministry of Economic Development of the Russian Federation by Order No. 631 of October 29, 2013.

The main functionality of the contract service is enshrined in Part 4 of Article 38 of Law No. 44-FZ. The contract service and contract manager exercise the following functions and powers.

The Standard Regulations outline the basic principles for creating a contract service, as well as the procedure for its functioning when planning and conducting procurement carried out for state and municipal needs:

• 1. Contract service employees must be qualified specialists, have knowledge of the theoretical basis and practical skills in the field of procurement.
• 2. Access to information about planning and procurement must be free for all interested parties, and the information must be reliable.
• 3. Contracts must be concluded on the most favorable terms, ensuring efficiency and high efficiency of procurement.

The functions, powers and responsibilities of the contract service (contract manager) will be discussed in more detail in the next section of this work.

2. Functions, powers and responsibilities of the contract service (contract manager). Responsibility

According to Article 38 of Law No. 44-FZ, the contract service and contract manager exercise the following functions and powers:

• 1. Develop a procurement plan, prepare changes for inclusion in the procurement plan, place them in a single information system procurement plan and changes made to it.
• 2. Develop a schedule, prepare changes for inclusion in the schedule, place the schedule and changes made to it in a unified information system.

The functions specified in paragraphs 1 and 2 are assigned to contract services and managers from January 1, 2015.

These forecasting and planning functions constitute the initial stage of preparation for procurement procedures. When drawing up procurement plans, in which customers will determine their needs, procurement methods, form and justify the initial price of the contract, it is assumed that the procurement carried out will be correlated with the main goals and objectives of the data activity government agencies and local governments.

According to Article 13 of Law No. 44-FZ, in particular, the list of documents that must be taken into account when planning procurement includes government programs of the Russian Federation, state programs of the constituent entities of the Russian Federation, municipal programs. Thus, it is created one system, in which the purpose of procurement and its role in solving the problems facing the state or municipal body must be clearly visible.

It is advisable to note that Law No. 44-FZ defines a limited list of goods that can be purchased by the customer outside the schedule, and also establishes a closed list of cases in which changes to the schedule are possible.

In the Model Regulations, the functions provided for in paragraphs 1 and 2 of Part 4 of Article 38 of the Law are set out in more detail and developed. It has been established that when planning procurement, the functions of the contract service include:

• - development of a procurement plan. Preparation of changes to be included in the plan,
• - placement of the procurement plan, as well as changes made to it in the Unified Information System,
• - placement of the procurement plan on the Customer’s official website on the Internet. Organizing the publication of the procurement plan in print media,
• - preparation of procurement justification,
• - development of a schedule, preparation of changes and their introduction,
• - publication of the schedule and changes made in the unified information system,
• - solution organizational issues upon approval of the procurement plan, schedule,
• - determination of the starting price of the contract, as well as the price of the contract concluded with sole supplier.
• 3. Prepare and place in the unified information system notices of procurement, procurement documentation and draft contracts, prepare and send invitations to participate in identifying suppliers (contractors, performers) in closed ways.
• 4. Ensure procurement, including the conclusion of contracts.

When identifying suppliers/contractors/performers, the contract service:

• - selects a method for identifying suppliers/contractors/executors,
• - as part of the justification, clarifies the contract price, as well as its justification in:

a) tender documentation,

b) notices of procurement,

c) invitations to participate in the identification of suppliers in a closed manner,

d) documentation about the auction.

• - as part of the justification, clarifies the price of the contract concluded with a single supplier,
• - prepares procurement notices, relevant documentation (not including a description of the purchased item), draft contracts, as well as changes in procurement notices, relevant documentation, invitations to participate in the identification of suppliers / contractors / performers in a closed way,
• - prepares minutes of commission meetings based on its decisions,
• - prepares a description of the procurement object,
• - resolves organizational and technical issues related to ensuring activities of commissions, in particular checks:

a) compliance with the requirements of current legislation for procurement participants supplying products, performing work, and providing services;

b) the procurement participant has the authority to conclude the contract;

c) the powers of the procurement participant as such: whether the legal entity has been liquidated;

d) whether there are any positive decisions of the arbitration court on the insolvency of a legal entity;

e) whether (as of the date of filing the application) the activities of the procurement participant have been suspended in accordance with any article of the Code of the Russian Federation on Administrative Offences;

f) whether the participant has unfulfilled tax obligations and budget debts;

g) whether the procurement participant is included in the register of unscrupulous suppliers;

h) the procurement participant has no criminal record for an economic crime;

i) the presence of exclusive rights to the result of intellectual activity;

j) whether the other requirements set out in Part 2 of Article 31 of Law No. 44-FZ are met,

• - engages, in accordance with the terms of the contract, a specialized organization to perform certain functions as determined by the supplier,
• - provides benefits to organizations entitled to them in accordance with Articles 28-29 of Law No. 44-FZ (institutions of the penal system, societies and organizations of disabled people), regarding the proposed contract price,
• - purchases in the appropriate volume from small businesses and socially oriented organizations non-profit organizations, in particular, establishes a requirement to involve small businesses and socially oriented non-profit organizations as subcontractors,
• - publishes procurement notices, appropriate documentation, draft contracts, protocols in the Unified Information System. Before the EIS is put into operation, publication is carried out on the official Internet website zakupki.gov.ru.
• - publishes documentation in the media by decision of the head of the contract service,
• - prepares and sends clarifications of the provisions of procurement documents. Explanations can be made both in writing and in electronic form,
• - ensures security for envelopes or electronic documents containing applications for participation: safety, complete inviolability and confidentiality, consideration of received applications only after opening the envelopes or providing access to documentation in electronic form.
• - provides the opportunity to be present at the opening of envelopes or opening access to electronic documents to all participants who submitted applications or their official representatives,
• - provides the opportunity to review information about granting access in real time,
• - organizes audio recording of the process of opening envelopes or opening access to electronic applications,
• - ensures the storage of protocols drawn up during the procurement process, submitted applications for participation, appropriate procurement documentation, as well as all changes and clarifications, audio recordings of opening envelopes or opening access to applications submitted in electronic form, within the time limits established by law,
• - involves expert groups, expert organizations,
• - coordinates the use of closed methods for identifying suppliers/contractors/performers in accordance with Part 3 of Article 84 of Law No. 44-FZ,
• - sends to the relevant authorities the appropriate documentation for concluding a contract with a single supplier in the event that the procedure for identifying a supplier is recognized as failed,
• - prepares a justification for the inappropriateness or impossibility of using other methods of determining the supplier / contractor / performer, other than purchasing from a single supplier,
• - prepares justification for the contract price and other significant points when purchasing from a single supplier,
• - concludes a contract,
• - participants who evade concluding a contract are included in the register of unscrupulous suppliers.

When fulfilling the conditions, changing, or terminating the contract, the functional responsibilities of the contract service include:

• - Ensuring acceptance of delivered products, work performed, services provided, including individual stages of the contract.
• - Organization of the movement of financial resources aimed at paying for products supplied, work performed, services rendered.
• - Interaction with the supplier/contractor/performer when making changes, terminating the contract.
• - Sending to the supplier/contractor/performer a demand for payment of penalties, imposed fines, accrued penalties in case of failure to fulfill obligations under the contract, as well as taking other actions (in accordance with the legal norms of the legislation of the Russian Federation) with the permission of the supplier/contractor/performer violations of contract terms.
• - Organization of examination of delivered products, performed works, rendered services with the involvement of competent persons - experts, expert organizations.
• - Work on the creation of an acceptance committee consisting of at least five members, the purpose of which will be the acceptance of delivered products, completed works, rendered services, and the results of the execution of individual stages of the contract.
• - Preparation of a document (acceptance certificate) on the results of the execution of individual stages of the contract, as well as a document on acceptance of products, work performed, services.
• - Placement in a unified information system of a report containing detailed information on the fulfillment of the terms of the contract, as well as its intermediate stages, and compliance with established deadlines. In case of violations, information about them is published, as well as about the sanctions applied to the violator. Before the unified information system is put into operation, publication is carried out on the official website zakupki.gov.ru. The exception is information classified as “state secret”.
• - Entering suppliers/contractors/performers who violated the terms of the contract into the register of unscrupulous suppliers. All violators are subject to inclusion in the register, both those with whom the Customer refused to cooperate unilaterally, and those with whom the contract was terminated according to a court decision.
• - Drawing up a report on the volume of purchases made from small businesses and socially oriented non-profit organizations.
• - Publication of the report in the Unified Information System.
• 5. Participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for performing claim work.
• 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 technologies and other solutions to meet state and municipal needs.
• 7. Exercise other powers provided for by Law No. 44-FZ.

Other powers exercised by the contract service include:

• - Organizing and conducting consulting events for suppliers/contractors/performers. Participation in these events in order to monitor the competitive environment, identify best solutions, in particular technological ones, contributing to the growth of efficiency in meeting state and municipal needs.
• - Organization of public discussions on procurement. This item is required. Based on its results, subsequent preparation and modification of the schedule and procurement documentation is carried out, including cancellation of the purchase, if required.
• - Participation in the approval of requirements for individual products, works, services, including their maximum possible prices. Placing information about approved requirements in a unified information system.
• - Participation in the consideration of cases on appealing the actions of the Customer and/or his inaction, in particular in the consideration of the case on appealing the determination of suppliers.
• - Preparation of appropriate materials for the implementation of claims work.
• - Development of draft contracts, in particular standard ones.
• - Development of standard terms of contracts for the Customer.
• - Checking bank guarantees received as security under a contract for their compliance with the requirements of current legislation.
• - Communication of information about the refusal to accept bank guarantees to the person who provided them, with the obligatory indication of the fundamental reasons for the refusal.
• - Organization of the movement of financial resources aimed at payments under bank guarantees.
• - Organizing the return of funds contributed as security for the execution of applications or contracts.

In order to fully implement the listed functions and powers relating to planning, procurement, conclusion, modification, termination of contracts, interaction with suppliers / contractors / performers, and other powers, contract service employees are required to strictly comply with the requirements of Law No. 44-FZ, in particular the following:

• 1. Information obtained in the process of determining the supplier/contractor/performer is not subject to disclosure. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.
• 2. Negotiations with procurement participants are prohibited until the supplier/contractor/performer is identified. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.
• 3. The involvement of competent persons, experts, and expert organizations in the work is mandatory in cases provided for by the current legislation of the Russian Federation, in particular Law No. 44-FZ.

In accordance with Article 26 of Law No. 44-FZ, in order to centralize procurement, it is possible to create state, municipal bodies, government agencies authorized to identify suppliers. Powers may be delegated to one or more bodies. In such cases, the contract service exercises non-transferred functions and powers. Functions such as justification of purchases, establishment of the maximum (starting) contract price, determination of its terms, and signing of the document cannot be transferred to authorized bodies. Contracts are signed by Customers. The remaining functions are performed by contract service employees.

At the same time, when centralizing procurement, the contract service, contract manager exercise powers not delegated to the relevant authorized body, authorized institution, and bear responsibility within the limits of the powers they exercise. It appears that we're talking about not only about administrative responsibility, but also about disciplinary responsibility.

From the specified list of powers it is clear that these specialists will be responsible for the implementation of all procurement procedures in the organization. Thus, the law attempts to create a structure that will manage all matters related to procurement. This measure is largely dictated by existing practice, in which most complaints are the result of improper preparation of notices and documentation, draft contracts and technical specifications. It also provides for personal liability of these specialists for violations committed by them during procurement.

It is fundamentally important that the list of powers of the contract service, the contract manager is not closed, in addition, the law does not prohibit the contract service, its individual employees or the contract manager from performing other duties not directly related to procurement (for example, a lawyer can be both as an employee of the contract service, and to engage in claims work not related to the execution of contracts concluded within the framework of the Law on the Contract System).

At the same time, the very list of powers assigned to the contract service, the contract manager, their volume and significance also certainly indicate that their implementation is possible only on professional basis, specialists with sufficient qualifications, experience and special knowledge in the field of procurement.

The format of this work does not allow us to consider in detail such issues as the creation of several contract services for one customer and the distribution of powers between them, or the distribution of powers between several contract managers, however, these issues are also, of course, important practical significance and can be implemented in the practical activities of customers only taking into account the principle of professionalism.

Formation organizational structure is the responsibility of the head of the contract service. The range of job responsibilities and personal responsibility of each employee are determined taking into account the basic principle - increasing efficiency, increasing the effectiveness of procurement for state and municipal needs.

The duties themselves are regulated by the Regulations. The manager’s task is to effectively distribute them among employees in order to fulfill the functional responsibilities of the contract service.

According to the Model Provision in functional responsibilities contract service includes:

• 1. Procurement planning.
• 2. Organization (at the planning stage) and conduct of consulting events with the participation of suppliers/contractors/performers. Participation in consultations in order to determine the most suitable technologies, the best solutions in the markets; monitoring the competitive environment.
• 3. Justification for procurement.
• 4. Justification of the maximum (starting) contract price.
• 5. Conducting public discussions on procurement (this item is mandatory).
• 6. Support (both technical and organizational) activities of procurement commissions.
• 7. Involvement of competent specialists, experts, expert groups.
• 8. Preparation for posting of procurement documentation, notices of their implementation, draft contracts.
• 9. Publication of procurement documentation, notices of their implementation, draft contracts in the Unified Information System.
• 10. Preparation and distribution of notices about the selection of a supplier in a closed way, invitations to participate.
• 11. Work with bank guarantees: their consideration, organization of the movement of funds, payment under bank guarantees.
• 12. Conclusion of contracts.
• 13. Resolving organizational issues regarding the acceptance of delivered products, completed work, and rendered services. Exercising control over quality characteristics products, works, services, in particular carrying out examinations in accordance with the Federal Law.
• 14. Ensuring the creation of an acceptance commission. Monitoring the implementation of contract stages.
• 15. Solving financial issues: organizing the movement of funds to pay for products, work performed, services provided.
• 16. Interaction with the supplier/contractor/performer when preparing and implementing changes to the contract, as well as upon its termination.
• 17. In case of failure to comply with the terms of the contract, organize the entry of the violator into the register of unscrupulous suppliers, as well as disseminate information about the violator in accordance with the regulations.
• 18. When accruing penalties specified in the contract, send a demand for payment of a penalty to the party that violated the terms.
• 19. Preparation of materials for carrying out work on claims, participation in the consideration of them, as well as in cases of appealing actions.

According to the Regulations, regulations are drawn up that prescribe the procedure for the actions of contract service employees, as well as the procedure for the service’s actions when interacting with other departments. The regulations are approved by the Customer.

Separately, I would like to highlight the issue of responsibility of the contract service (contract manager).

In paragraph 18 of the Model Provision, the responsibility of contract service employees is formulated in general view as an administrative responsibility. “Any procurement participant, as well as public associations exercising public control legal entities in accordance with the legislation of the Russian Federation have the right to appeal to judicial procedure or in the manner established by the Federal Law, to the control body in the field of procurement actions (inaction) of officials of the contract service, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.”

Obviously, appealing against the actions of employees as officials is possible if the contract service is a separate organizational unit. If it is formed from attracted employees, appealing the actions of members of the contract service will be questionable from the point of view labor legislation due to the absence of the subject - official. Apparently, in this regard, the rules on personal liability of members of the contract service have been excluded from the final text of the Model Regulations. The responsibility of the involved workers should remain only disciplinary on the basis of employment contracts and the Labor Code of the Russian Federation. This approach is dictated by legal theory; practice will show. On the same basis, we can conclude that in the paragraph of the Model Regulations on determining the personal responsibility of employees by the head of the contract service, we are talking about officials of the contract service, formed as a separate structural unit of the customer.

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

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

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

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

Typically this document includes the following sections:

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

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

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

Section 4 "Rights":

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

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

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

Section “Procedure for interaction by position”:

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

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

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

Irina Kozlova

Job description of a contract manager (sample)

Name of company JOB DESCRIPTION	I APPROVED Name of the position of the head of the institution
Place of compilation	Signature Full name
date Registration N	date
JOB DESCRIPTION OF CONTRACT MANAGER
General provisions
...
Qualification Requirements
...
Job responsibilities
...
Rights
...
Responsibility
...
Procedure for interaction by position
...
Visa approval (if necessary)
I have read the instructions. I received a copy of the instructions	Signature Full name
	date

Project

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

I. General provisions

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

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

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

Constitution of the Russian Federation;

Civil Code of the Russian Federation;

Budget Code of the Russian Federation;

;

other regulatory legal acts;

by this standard Regulation.

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

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

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

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

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

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

II. The procedure for forming a contract service

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

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

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

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

________________

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

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

2.5. If identified as part of a contract service specified persons The customer is obliged to immediately release the specified contract service officials from their positions and appoint to the vacant position a person who meets the requirements of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs " and this Regulation.

III. Functions and powers of the contract service

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

3.1.1. Develops a procurement plan;

3.1.2. Prepares changes for inclusion in the procurement plan;

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

3.1.4. Develops a schedule;

3.1.5. Prepares changes for inclusion in the schedule;

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

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

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

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

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

3.1.11. Ensures procurement, including the conclusion of contracts;

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

3.1.13. Prepares materials for performing claim work;

3.1.14. Organizes, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participates in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;

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

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

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

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

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

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

3.2.5. Comply with other obligations and requirements established by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

3.2.6. If necessary, involve experts and expert organizations in your work in accordance with the requirements stipulated 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" and other regulatory legal acts;

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

3.4. Head of contract service:

3.4.1. Distributes responsibilities among contract service employees;

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

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

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

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

IV. Responsibility of contract workers

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

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

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

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

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

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

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