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The minimum required to work in a contract service. Contract service

Article 38. Contract service

checked today
law dated 01.04.2020
entered into force on 01.01.2014

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 06/04/2014 01/01/2014

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).

If 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 executive responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).

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

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

1) expired on October 1, 2019 - Federal Law of May 1, 2019 N 71-FZ
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;
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.

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.

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

Hello Inna!

According to Article 38 of 44-FZ 1. Customers, total annual purchase volume which in accordance with the schedule exceeds one hundred million rubles, create contract services (at the same time, the creation of a special structural unit is not mandatory). 2. If the total annual procurement volume of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer shall appoint an official responsible for the procurement or several procurements, including the execution of each contract (hereinafter - contract manager).

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

According to Part 28 of Article 112 of 44-FZ Until March 31, 2014, customers have the right to create contract services in accordance with Article 38 of this Federal Law.

In this way,

1.) Can the chief physician of a hospital and the head of the contract service work in the same hospital?

Due to the fact that the contract service is created at the organization (institution) and this is not an independent body, the head physician and the head of the contract service must work in the same hospital.

2.) Can the head of the contract service delegate all his powers to the deputy head of the contract service?

Maybe by issuing the appropriate order.

3.) Is it possible to appoint a person to the position of the head of the contract service who has a five-year-old certificate of advanced training, but has practically not been engaged in this work, except for participation in the commission.

Due to the fact that the law does not clearly stipulate this moment, it is impossible to answer this question unambiguously. Since the procedures regulated by 94-FZ and 44-FZ differ significantly, I assume not. Try to ask this question for reliability in the body authorized to monitor the implementation of 44-FZ.

4.) Is it possible to create a purchasing department (contract service department), the name of which is not in normative documents(qualification guides, model provisions) Ministry of Labor?

A model contract service provision can be viewed at the link above.

I also consider it necessary to recall that a contract service is created in an institution with a total volume of purchases for the year exceeding 100 million rubles. If the volume of purchases does not exceed this indicator, then only a contract manager can work in the institution.

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 activities;

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) real 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 as part of the implementation labor functions 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. When performing their official duties The Lead Purchasing Specialist must adhere to 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 on 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 established by the current labor legislation of the Russian Federation, legislation in the field of procurement;

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 was developed on the basis of the Professional Standard "", approved by 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 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).

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs." According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drafting and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

Creation of a contract service according to 44 Federal Laws

To form a service, you need to prepare and adjust a number of documents:

Adjust the structure of the organization of the enterprise, change the composition of the staff, and their work schedule;
Issue a decree on the creation of a division for concluding and controlling transactions related to public procurement, and the appointment of a certain number of staff units, and the head of the division, starting from the date specified in the order;
Register a standard resolution on the subdivision of service under contracts;
Create labor regulations and approve it;
Sign employment agreements with employees.

After that, a new department of the enterprise will be launched, in accordance with the norms of the legislation prescribed in the Federal Law 44 p.38.

The composition of the contract service according to 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department for monitoring the preparation and conduct of transactions:

With a separate structural department;
Without a separate structural department;
Establishment of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting public procurement transactions depends on the size of the annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between the formation of a contract service or hiring a person for the position of contract manager. This is the person responsible for conducting public procurement or procurement, including supervising the enforcement of all procurement contracts. (Article 38, part 2).

Consequently, the right or obligation of the customer to form a new department, or hire a manager, is formed by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person according to 44 Federal Laws or is this a violation of the law?

The number of contract service according to 44 Federal Laws must be at least two staff units. The number and positions of employees are approved by the customer. Who can be an employee in this department? Hire and dismiss an employee in the department under contracts, possibly by order of the head-customer or a person replacing and exercising his powers. The department is headed by the head of the contractual division appointed by the customer. If the service was not created as a separate unit, it is managed by the deputy head of the enterprise.

A sample provision on contract service under 44 Federal Laws with powers can be downloaded from the link.

The obligations of the contract service under 44 Federal Laws are public procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with the audit of the effectiveness of the implementation of the requirements of the contract by the participants in the transaction. Full list of service responsibilities:

Development of a procurement scheme;
Selection of participants in the transaction at all levels;
Signing contracts and their implementation;
Dealing with lawsuits and claims from participants in the transaction.

Contract service requirements

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of the Federal Law 44. According to this paragraph, employees, including the manager, are required to have a higher or additional prof. education, take professional qualification courses in the field of public procurement. These norms have been introduced into mandatory since January 2016. The period of retraining and study of retraining programs takes from 16 to 250 working hours.

Customers whose annual income is higher than or close to the amount of 100 million rubles should familiarize themselves with Art. 38 FZ 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" here.

On January 1, 2014, the Federal Contract Service began to function in Russia. Law No. 44-FZ defines the mechanism for creating the FCC. One of the areas of reforming the public procurement system is personnel changes: the introduction of a customer contract service, contract managers, and procurement commissions.

Provisions of the Federal Law of 05.04.2013 No. 44-FZ concerning the contract service and the contract manager came into force on 01/01/2014, separate provisions on the rights and obligations of the contract service regarding the stages of procurement planning and posting information about them in the Unified Information System (clauses 1 and 2 of part 4 of Art. 38 of the Federal Law of 05.04.2013 No. 44-FZ), will come into force in 2015.

Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 “On Approval of the Standard Regulations (Regulations) on Contract Service” establishes the rules for organizing the activities of the contract service.

The history of the problem of the principle of professionalization of the field of procurement

The main innovation in personnel changes system of public procurement is associated with the establishment of the principle of professionalization of the field of procurement. State procurements in our country began to be carried out since 1991 after the abolition of Gossnab. New system Public Procurement was established in 1997 by the decree of the President of the Russian Federation Boris Yeltsin "On the organization of the procurement of goods, works and services for state needs." However, the requirements for the professional knowledge of the state customer and members of the procurement commissions were not established at that time. In 2006, Minimum Knowledge Requirements for Procurement Professions were adopted, but they were not set as mandatory.

In 2009, a requirement appeared in 94-FZ that at least one member of the procurement commission must be trained. The draft law on the FCC contained requirements for work experience, and a provision on the need to establish a minimum of knowledge, which are not included in the current Law No. 44-FZ.

Federal Law No. 05.04.2013 No. 44-FZ for the first time introduces the principle of professionalization of the field of procurement and establishes a mandatory requirement for members of the contract service of the customer and contract managers - higher education or additional professional education

Reasons for creating a contract service

Public procurement is carried out by the customer. Who is a customer? The customer is a state or municipal body or a budgetary institution that makes purchases. Purchases are needed for the implementation of state and municipal programs, for organizing current activities state, municipal and budget organizations.

From 01.01.2014 it is possible to make a purchase only according to Law No. 44-FZ. To carry out the procurement, the Customer must create a contract service or appoint a contract manager.

Why do you need a contract service? The purpose of this innovation is to professionally and responsibly ensure the implementation of the entire procurement cycle: from planning to obtaining a specific result and evaluating the effectiveness of implementation by a state or municipal customer or budget institution procurement of goods, works, services to meet state or municipal needs. Introduced principle of personal responsibility employees of the contract service for compliance with the requirements stipulated by law and the achievement of the tasks set as a result of the execution of the contract.

What will the contract service or contract manager do?

The contract service will carry out procurement from the stage of planning and identifying the supplier (contractor, performer) and complete with the stage of analyzing the effectiveness of the fulfillment of obligations by the parties to the contract.

The contract service will carry out full procurement cycle, which includes the following steps:

Procurement planning;
Identification of suppliers (contractors, performers);
Conclusion of contracts;
Execution of contracts:
Claim work.

Stages of creating a CS

Preparing a customer for the creation of a contract service includes several stages:

study the legal acts on the FCC;
create a contract service or appoint a contract manager (depending on the total volume) by 01.01.2014. They can act only in part of those rights and obligations that will come into force from 2014;
send employees for training until 01.01.2014. or retraining before 01/01/2016;
develop and approve new regulations on commissions.

CS structure

44-FZ offers 3 contract service models:

contract service with a special structural unit,
contract service without a special structural unit,
appointment of a contract manager.

The law provides that the determining moment for the customer when deciding whether to create a contract service or appoint a contract manager will be the total annual volume of purchases according to the plan - schedule.

According to 44-FZ, a contract service is created by those customers whose total annual volume of purchases in accordance with the schedule exceeds 100 million rubles. In this case creation of a contract service is duty customer (Part 1, Art. 38). At the same time, the customer he decides to create a special structural unit for him or not to create. Since the creation of a special structural unit is not mandatory, the contract service can be created without changes organizational structure customer.

If the customer's total annual purchases less than or equal to 100 million rubles, then the customer has the right to create a contract service(Part 2, Art. 38).

If not created contract service, then the customer must(part 2, art. 38) appoint contract manager

Thus, depending on the total annual volume of purchases (the reference here is the amount: less than or equal to, or more than 100 million rubles), the customer has the right or obligation to create a contract service. But, if the customer, the total annual volume of purchases, which is less than or equal to 100 million rubles, has not exercised his right, then he has the obligation to appoint a contract manager.

Ways to create a contract service

creation of a separate structural unit;
approval by the customer of a permanent staff of the customer's employees performing the functions of a contract service without forming a separate structural unit.

Structure and number of contract service determined and approved by the customer. The structure of the contract service must include at least two people - officials of the contract service from among the employees of the customer.

Appointment and dismissal contract worker is only allowed by decision of the client's manager or the person performing his duties.

Head of the contract service contract manager. The contract service, which is created as a contract service without the formation of a separate unit, is headed by one of the deputy heads of the customer.

Qualification requirements for contract service employees

Article 9 of Law No. 44-FZ introduces the principle of customer professionalism.

Qualification requirements for contract service employees are established by Part 6, Article 38 of Law No. 44-FZ. All contract service employees, contract manager since 2016 must have higher education or additional professional education(advanced training, professional retraining) in the field of procurement.

Until 01.01.2016, an employee of a contract service may be a person who has a professional education or additional professional education in the field of placing orders (part 2 of article 112).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities on additional professional programs” it is established that the minimum allowable period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs - less than 250 hours.

The lack of methodological support in the regions is supposed to be solved through educational seminars, training in universities, and the implementation of pilot projects.

According to Article 39 of Law 44-FZ, the decision to create a commission is made by the customer before the start of the procurement to determine suppliers (contractors, performers), with the exception of procurement from sole supplier(contractor, performer). The customer determines the composition of the commission and the procedure for its work, appoints the chairman of the commission.

The composition of the commission must include at least 5 people: when holding tenders (tender committee) and when holding auctions (auction committee), when conducting all methods of procurement through tenders, auctions, requests for quotations, requests for proposals (single commission).

The composition of the commission must include at least 3 people: when conducting quotations (quotation), when conducting a request for proposals (commission for the consideration of applications and final proposals in the request for proposals).

In the event that persons personally interested in the results of determining suppliers (contractors, performers) are identified in the commission, the customer, who has decided to establish a commission, is obliged to immediately replace them with other individuals who are not personally interested in the results of procurement and who are not able to influence procurement participants , as well as individuals who are not directly exercising control in the field of procurement officials of control bodies in the field of procurement (part 6 of article 39).

The Procurement Commission is authorized to perform its functions if at least 50% of the total number of its members are present at the meeting.

Members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the meeting of the commission. The adoption of a decision by members of the commission by absentee voting, as well as the delegation of their powers to other persons, is not allowed (Part 8 of Article 39).

Qualification requirements for members of the procurement commission:

The Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070 clarifies the requirements for members of the procurement commission: if all contract service employees by January 1, 2016, in order to exercise their powers in accordance with the Law, must have higher education or additional professional education in the field of procurement, then the customer may include in the commission persons who have special knowledge related to the object of procurement, that is, who do not have higher education or additional professional education specifically in the field of procurement.

Functional responsibilities of the contract service (contract manager)

The functions of a contract service and a contract manager are similar. The difference is in the scale and volume of work. Article 38 of the Federal Law of 05.04.2013 N 44-FZ "On the contract system" does not provide for the obligation to develop and approve the regulation for the contract manager. For a contract manager, it is sufficient to develop and approve a job description, in accordance with his professional duties.

Customer contract service

Head of contract service

Contract service workers

Requirements: higher professional education or professional training or advanced training in the programs of additional professional education in the field of procurement until January 1, 2016, special knowledge and skills in the field of procurement. In accordance with part 23 of Article 112 of the Law, until January 1, 2016, an employee of a contract service 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, provision of services for state and municipal needs.

Contract manager

An official from among the employees of the contract service of the customer, appointed by the customer to this position, if the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service. Requirements: higher professional education or professional training or advanced training in the programs of additional professional education in the field of procurement until January 1, 2016, special knowledge and skills in the field of procurement. In accordance with part 23 of article 112 of the Law, until January 1, 2016, a contract manager may be a person with professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

Procurement commissions

Requirements: professional retraining or advanced training in the field of procurement, special knowledge related to the object of procurement. The customer may include in the commission the persons with special knowledge related to the object of procurement, that is, those who do not have higher education or additional professional education specifically in the field of procurement. At least 50% of the committee members must be

trained according to the rules of work under the law 44-FZ. The customer was obliged to train them all back in 2013.

Functions and powers of the contract service according to the law 44-FZ

prepares the Plan and the Procurement Schedule;
places the procurement documentation in the EIS;
enters into a contract;
accepts the results of the contract;
conducts claim work;
exercise other powers provided by law.

A responsibility

The personal responsibility of the head and other employees of the contract service for the performance of their functions and powers is established. Contract service workers guilty of violating the legislation of the Russian Federation bear disciplinary, civil, administrative, criminal liability.

Summarizing the above, we can draw the following conclusions:

each procuring customer must establish a contract service or appoint a contract manager;
the CS includes employees of the customer: it can be one contract manager, and with a total annual volume of purchases of more than 100 million rubles - at least 2 persons;
it is necessary to train contract service employees by 01.01.2014. or retrain before 01/01/2016;
all employees of the contract service, the contract manager must have higher education or additional professional education in the field of procurement. Until 01.01.2016 an employee of a contract service may be a person with a professional education or additional professional education in the field of placing orders;
the contract service will carry out the full procurement cycle, its functional duties are approved in the Standard Regulations (regulations) of the Ministry of Economic Development of Russia.

Materials used to prepare the article:

Law No. 44-FZ 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"
Standard provision (regulation) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631).
Letter of the Ministry of Economic Development of Russia dated September 23, 2013 N D28i-1070 "On clarification of the provisions 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"
Standard provision (regulation) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631)

Contract service under 44-FZ: rights, obligations and work procedure

The topic of this article reveals the meaning of the contact service, the need to appoint a contract manager and the commission of the customer, provided for by the innovations of 44-FZ.

The procedure for creating a contract service

Article No. 9 of Federal Law No. 44 regulates the creation of a contract service, implies the appointment of a manager, and this is the responsibility of a municipal or state customer. This approach allows emphasizing the high professional skills of the customer and ensures the quality of procurement, bidding and services for the supply of goods.

Such a service in without fail is created in cases where the total volume of purchases per year, according to the schedules, is more than one hundred million rubles. There is no mandatory requirement to create a special unit in the structure of the organization, you can make up a commission from employees of various departments and services.

Possible forms of organization of the contract service of the customer:

a separate full-fledged structural unit in the form of a department or department;
part of another pre-existing unit, such as contracting or the legal department;
in the form of a commission, which consists of employees of various departments and divisions, which is approved by the customer and fully performs the duties and functional tasks of the contract service.

The contract service of the customer always functions and works according to the Regulation or regulation on the contract service, which in turn is developed according to the Model Regulation approved by the Ministry economic development RF.

Need to remember that if there is a combination of job responsibilities of employees of the organization in terms of being part of the commission for maintaining contractual obligations, then it is worth adjusting the employee's employment contract, as well as changing their job descriptions and regulations for the implementation of activities, taking into account being part of the contract service.

In situations where the volume of the customer during the year for purchases is not more than one hundred million rubles, the creation of a contract service is not required, but there is a need to appoint a contract manager, which is regulated by Article 38 Part 2 of 44-FZ.

Functions and tasks of the contract service

The functional tasks of both the contract service as a whole and the individual manager in terms of quality and effective implementation all procurement procedures, from planning and bidding to the fulfillment of all obligations and clauses of the contract, including payment for work performed.

At the first stage, in which the development of schedules is carried out, service manager or the contract manager expose all the necessary information in the EIS, make changes if necessary, answer questions and clarify incomprehensible points.

In addition to this obligation, the contract service also justifies the purchase itself, its price at conclusion of a contract with one single supplier.

In the course of determining specific suppliers of goods or services, the following functions are assigned to the contract service:

Production of a choice, how to organize the purchase, clarify the NMC, as well as the method of filing an application.
Drawing up various kinds of documentation, including drafts and contract templates, minutes of meetings, notices of changes.
Fully organizes and technically ensures the competent and high-quality work of the commission in determining the winner of the purchase.
To the extent possible, ensure the provision of certain benefits for performers and small businesses, persons with disabilities, social non-profit enterprises, as well as for the bodies of the penitentiary system.
Clear and concise explanations of points and provisions in the documentation attached to the subject of the procurement.
Compliance with the complete safety of documentation related to the auction, the work of the commission, including envelopes, audio recordings.
Carrying out coordination with the supplier, which is the only one in the implementation of the auction.
Carrying out the signing of contract documents with the winners of the procurement, as well as the timely inclusion of unscrupulous suppliers in the RNP.

In the event that the full fulfillment of contractual obligations has occurred, as well as if the contract has been terminated or changed, the contract service accepts works or services, makes payment Money, and also, if necessary, organizes the examination of works. At the same time, the contract service carries out close interaction with the supplier, in case of improper performance of contractual obligations, enters it into the RNP, and upon execution of the contract, places a corresponding report in the EIS.

The duties of the contract service also include organizing consulting issues with the supplier, obligatory public hearing and discussion of the subject of bidding, checking the reliability and quality of bank guarantees and informing about the decision-making on them, at the end of the procedure, returns the security and makes payment for the money under the guarantees.

For the competent and high-quality organization of procedural processes when determining service providers, the customer creates a commission that is collegial in nature and performs certain fictions when tenders are made on a competitive basis. If the service provider is the only one, then the creation of a commission is not required, which is stipulated by part 1 of article 39 of the 44-FZ.

The creation of a commission can be both for separate purchase or bidding within a certain period, as well as to determine the winners in one of the ways. The law provides for a minimum number of members of the commission, while the maximum number is not specified. For competitions, electronic auctions or in the case of the creation of a single commission for any auction, the composition must be at least five people, in all other cases there must be at least three people.

When creating a commission, its composition should include those persons who, to a greater extent, possess the necessary qualifications and skills, as well as those who have passed necessary training in the field of obtaining knowledge in the field of production of procurement procedures.

If the schedule reflects purchases that do not have specific specifics, which do not require the inclusion of highly specialized specialists in the commission, then it is recommended to create a single commission for all bidding, not taking into account the method and method of determining the winner, as well as objects of procurement.

Ensuring the system of procurement procedures with qualified personnel

Only when the customer can confidently decide on the possibility of creating a contract service, it is necessary to proceed to the design of procurement procedures. If the customer does not have qualified personnel, then it is worth considering the involvement of specialized companies for this function.

One of the important tasks of the customer is a clear and competent distribution functional duties between individual members of the contract service, and in case of insufficient qualification of some employees, organize its improvement and a training program in the field of procurement.

Contract service under 44 Federal Law on public procurement

The federal law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" N 44 FZ was adopted in 2013. Despite the fact that the law is already 5 years old this year, it continues to be one of the most relevant and in demand. On our website you can find a whole section devoted to both the Federal Law 44 in general 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 according to 44 Federal Laws

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

If during the year the volume of public 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 to single it out as a separate structural unit of the organization (part 1 of article 38 of the Federal Law 44).

If the total annual volume of public procurement did 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 the Federal Law 44) .

Requirements for contract service according to the law

The contract manager and absolutely all employees of the contract service, regardless of the functions they perform, must have a higher education. An employee who does not have a higher education, in order to obtain admission to public procurement, must receive additional specialized education (part 6 of article 38 of Federal Law 44). It's about about special training courses.

To the number operating principles contract services include:

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

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

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

If the amount attributable to public procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer, however the minimum staff is limited to two employees. This condition is dictated by the model 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 how the contract service is formed, it should be headed by a leader who determines the official duties and personal responsibility of each of his subordinates.

The regulation establishing the rules for organizing the activities of the contract service of the customer when planning and conducting the procurement of goods, works and services should be based on the standard provision developed by the Ministry of Economic Development of Russia - the federal executive body that regulates the contract system in the field of procurement (part 3 of article 38 FZ 44) .

This document largely duplicates the essence and content of Article 38 of FZ-44. AT service regulations additionally contains the following information:

General provisions: goals and conditions of creation, the legislative framework, principles of functioning, structure, number and duties of employees;
Powers in the exercise of duties and functions;
A responsibility service workers.

We offer download standard contract service regulations(Order of the Ministry of Economic Development of October 29, 2013) for familiarization with the provisions on the functions and powers of employees.

Responsibilities of the contract service

According to part 4 of Art. 38, list of powers of the contract service(also manager) includes:

Development of a procurement plan (including a schedule), preparation of changes to be made further to the plan, publication of the plan in unified information system(abbreviated UIS) - i.e. on the official website of public procurement;
Preparation and publication in the EIS of notices of procurement, procurement documentation, draft contracts, preparation and sending of invitations potential participants closed competition;
Ensuring procurement and contracting;
Participation in the consideration of applications for appealing the results of the procedure for determining suppliers (executors, contractors), preparation of materials necessary legal service organizations for carrying out claims and lawsuits (includes an analysis of the situation, development of a position, preparation of necessary claims and lawsuits, etc.);
Organization of consultations with suppliers (if such a need arises at the planning stage), participation in such consultations to discuss technologies and solutions that will be applied by the contractor;
Other powers (described in detail in Part 11 of the Model Regulations).

In addition to those specified in Article 38 of Federal Law 44, the regulations prescribe the following duties for service employees:

Justification of public procurement and the initial price of the contract;
Mandatory public discussion;
Ensuring the activities of the procurement commission;
Involvement of experts, expert organizations (more details in Article 94 of the Federal Law 44 on our website);
Consideration of bank guarantees and organization of payment of funds under the guarantee (read more about Article 45 of the Federal Law 44 on our website);
Receipt (acceptance) and payment for the delivered goods, completed work, services rendered and individual stages of the contract implementation, assistance in creating an acceptance committee;
Interaction with the supplier to amend or terminate the contract;
Inclusion of information about an unscrupulous supplier in the register;
Sending claims to the supplier for payment of penalties.

The powers of service employees in the performance of their official duties dealt with in section II of the model provision.

The law provides for the possibility of centralizing procurement by creating a special body or institution whose task is to determine suppliers for the customer (part 1 of article 26 of Federal Law 44). However, all other powers exercised in the procurement process, such as justifying procurement, determining conditions (including prices) and signing a contract, etc., must be carried out by the customer and his contract service. The latter bears responsibility solely within the framework of its own powers (part 5 of article 38 of the Federal Law 44).

Download Federal Law 44 with the latest changes

A large state 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 are offering to you download federal law dated 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" in the latest edition.

One of the requirements of Federal Law No. 44-FZ "On the contract system" is the creation of a contract service, or the appointment of a contract manager. What the contract service does and why the commission customer is described in our article.

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

In the event that the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints the official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).
The contract service operates in accordance with with regulations (regulations), developed and approved on the basis of a model provision (regulation), approved by the federal executive body for the regulation of the contract system in the field of procurement.

Contract service, contract manager carry out the following functions and powers:

Paragraph 1 of Part 4 of Article 38 shall enter into force on January 1, 2015 (Article 114 of this document).

1) develop procurement plan, carry out the preparation of changes to be made to the procurement plan, place the procurement plan and the changes made to it in the EIS;

Paragraph 2 of Part 4 of Article 38 shall enter into force on January 1, 2015 (Article 114 of this document).

2) develop a schedule carry out the preparation of changes for inclusion in the schedule, place the schedule and the changes made to it in the EIS;

3) prepare and place notices in the EIS on procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

4) ensure procurement, including the conclusion of contracts;

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

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

7) exercise other powers provided for by this Federal Law.

With the centralization of purchases 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, which exercise authority to determine suppliers(contractors, performers). At the same time, the contract service, the contract manager are responsible within the limits of their powers.

Contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.

Article 39

To identify suppliers(contractors, performers), with the exception of the purchase from a single supplier (contractor, performer), the customer creates commission for procurement (hereinafter in this article - the commission).
The decision to create a commission is made by the customer before the start of the purchase. At the same time, it is determined the composition of the commission and the procedure for its work, the chairman of the commission is appointed.

Customer can be created tender, auction, quotation commissions, commissions for consideration of applications for participation in the request for proposals and final proposals and unified commissions that carry out procurement functions by holding tenders, auctions, requests for quotations, requests for proposals. Number of members of the competitive, auction or unified commissionmust be at least five people number of members of the quotation commission, commissions for the consideration of applications for participation in the request for proposals and final proposals should be at least three people .
When holding tenders for the conclusion of contracts to create works of literature or art, performance (as a result of intellectual activity), to finance the rental or screening of national films to the competition commissions persons should be included creative professions in the relevant field of literature or art. The number of such persons should be the total number of members of the competition commission.

The Commission is competent to exercise its functions if at a committee meeting present not less than fifty percent the total number of its members. Commission members must be timely notified by the chairman of the commission about the place, date and time of the meeting of the commission. Decision-making by members of the commission by holding absentee voting, as well as delegation their powers to other persons not allowed .
The decision of the commission, adopted in violation of the requirements of this Federal Law, can be appealed by any participant in the procurement in the manner prescribed by this Federal Law, and declared invalid by decision of the control body in the field of procurement.

Article 40. Specialized organization

The customer has the right to attract on the basis of the contract a specialized organization to perform certain functions as determined by the supplier(contractor, performer) through a competition or auction , including for the development of tender documentation, auction documentation, placement in the EIS of a notice of holding open competition, a tender with limited participation, a two-stage tender or auction, sending invitations to take part in a closed tender, a closed tender with limited participation, a closed two-stage tender or a closed auction, performing other functions related to ensuring the determination of the supplier (contractor, performer). At the same time, the creation of a procurement commission, the determination of the initial (maximum) price of the contract, the subject and essential conditions contract, approval of the draft contract, tender documentation, auction documentation and signing of the contract are carried out by the customer.

The choice of a specialized organization is carried out by the customer in accordance with this Federal Law.
The specialized organization performs the functions specified in paragraph 1 of this article on behalf of the customer. At the same time, the rights and obligations as a result of the implementation of such functions arise from the customer.
The customer is jointly and severally liable for damage caused to an individual or a legal entity as a result of illegal actions (inaction) of a specialized organization, committed within the powers transferred to it by the customer on the basis of a contract and related to the determination of the supplier (contractor, performer), when it performs the functions specified in part 1 of this article from customer name.
A specialized organization cannot be a procurement participant in which this organization performs the functions specified in part 1 of this article.

Article 41. Experts, expert organizations

Customers attract experts, expert organizations in cases stipulated by this Federal Law.

To conduct an examination in cases provided for by this Federal Law, cannot be allowed:

1) individuals:

a) being either within less than two years preceding the date of the examination, which were officials or employees of the customer, carrying out the examination, or the supplier (contractor, performer);

b) having property interests in the conclusion of the contract, in respect of which the examination is being carried out;

in) being close relatives(relatives in the direct ascending and descending line (parents and children, grandparents and grandchildren), full and half (having the same father or mother) brothers and sisters), adoptive parents or adopted with the head of the customer, members of the procurement commission, head of the contract services, contract managers, officials or employees of the supplier (contractor, performer) or married to them;

2) legal entities in which the customer or supplier(contractor, performer) has the right to dispose of more than twenty percent of the total votes attributable to voting shares, or more than twenty percent of deposits, shares constituting the authorized or share capital of legal entities;

3) individuals or legal entities in the event that the customer or supplier (contractor, performer) straight and(or) indirectly(via third party) may influence the result of the examination carried out by such person or persons.

Expert, expert organization required to notify writing customer and supplier(contractor, performer) on the eligibility of participation in the examination (including the absence of grounds for non-admission to the examination in accordance with part 2 of this article).
In case of detection in the composition of experts, expert organizations of persons specified in part 2 of this article, the customer must take immediate action, aimed at attracting another expert, another expert organization for the examination.
Additional requirements for experts, expert organizations involved in the examination of the delivered goods, work performed, services rendered under the state defense order, as well as the specifics of such an examination may be established by the Federal Law of December 29, 2012 N 275-FZ "On the state defense order ".
In order to conduct an examination in the cases provided for by this Federal Law, experts, expert organizationshave the right to request from the customer, supplier (contractor, performer) Additional materials, related to the subject matter of the examination.
Per providing false results expertise, expert opinion or knowingly false expert opinion, for non-compliance by an expert, an expert organization with the requirements of part 3 of this article, an expert, an expert organization, officials of an expert organization are responsible in accordance with the legislation of the Russian Federation.
When, if for the examination it is necessary to carry out research, tests, performance of work, provision of services and in relation to the persons performing them, in accordance with the legislation of the Russian Federation, mandatory requirements(mandatory accreditation, licensing, membership in self-regulatory organizations), selection of experts, expert organizations to conduct such an examination must be carried out from among persons meeting the specified requirements.

Contract manager according to 44-FZ: functions, duties, responsibility, professional standard + sample job description

Hello dear colleague! As you know, in order to make purchases under the contract system (44-FZ), the Customer must appoint a contract manager or create a contract service. The decision to choose between the creation of a contract service or the appointment of a contract manager depends on the size of the total annual purchase volume of the Customer. In this article, we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and duties he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy in a contract manager. ( Note: this article was updated on 01/03/2018).

1. Who is a contract manager?

Contract manager- the official responsible for the implementation of the procurement or several procurements, including the execution of each contract.

A contract manager is appointed when the total annual volume of purchases (abbreviated as SPO) of the Client does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for certain sectors of procurement activities. So, for example, one contract manager may be engaged in the procurement of construction and repair work, the second purchase of food, the third purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can buy the contract manager book here.

2. Contract service or contract manager?

Customers whose cumulative annual purchases >100 million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory). In the event that the total annual volume of purchases of the Customer

Important point! According to part 3 of article 38 of 44-FZ, 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. Article 38 44-FZ does not provide obligations of the Customer to develop and approve the regulations for the contract manager.

4. Contract manager requirements for the position

According to part 6 of article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to part 23 of article 112 of 44-FZ, until January 1, 2017, a contract manager 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, provision of services for state and municipal needs (i.e. .training according to 94-FZ).

5. Contract manager under 44-FZ: job description

The customer has 3 possible options appointment of a contract manager:

Option number 1- Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar duties and powers;

Option number 2- Transfer a full-time employee to the position of a contract manager (or similar position) with the conclusion of an agreement on changing the terms of the employment contract;

Option number 3- Agree with a full-time employee on the possibility of combining positions in accordance with the rules of Article 60.2 of the Labor Code of the Russian Federation (at the same time, in accordance with Article 151 of the Labor Code of the Russian Federation, an additional payment is made to the employee, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning a CG should be as follows:

introduction new position in staffing organizations;

development of a job description for CU ( Note: As a rule, the job description consists of several sections - general provisions, job duties, rights and responsibilities);

issuing an order to appoint an official responsible for procurement (i.e. a contract manager).

Job description of a contract manager (download sample) (doc, 41 Kb).

Order on the appointment of a contract manager (download sample) (doc, 32 Kb).

6. Responsibility of the contract manager under 44-FZ: fines

According to part 5 of article 38 of 44-FZ, the contract manager is liable within the limits of his powers. In the job description of the CG, the duties and responsibilities for their failure to be fulfilled must be spelled out without fail.

The contract manager is responsible for labor law(Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of official duties stipulated by the job description, and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of its activities. Contract managers who have committed administrative offenses under Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

You can learn more about the responsibility of officials and legal entities for violation of 44-FZ, as well as the amounts of fines for these violations, here.

Also, part 2 of article 12 of 44-FZ establishes that the officials of the Customers are personally responsible for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ).

7. Contract manager: training and professional standard

According to part 1 of article 9 of 44-FZ, the contract system in the field of procurement provides for the implementation of the activities of the Customer, a specialized organization and a control body in the field of procurement on the professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers, specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (part 2 of article 9 44 -FZ).

As I said earlier, until January 1, 2017, a contract manager can be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (part 23 of article 112 of 44-FZ).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On Approval of the Procedure for Organization and Implementation of Educational Activities for Additional Professional Programs” established that the minimum allowable period for mastering advanced training programs cannot be less than 16 hours, and the term for mastering professional retraining programs is less than 250 hours .

Professional education contract managers is carried out in a specialized educational institution (higher and secondary specialized). Training can take place both in full-time and in absentia. Refresher courses can also be taken there. As a rule, such programs include both theoretical and practical classes.

Currently, distance learning courses are gaining popularity. AT modern conditions when an employee does not have the opportunity to break away from work, distance courses are the most optimal solution. A person will need free time, a computer and Internet access.

From July 1, 2016, the provisions of Article 195.3 apply Labor Code Russian Federation on the procedure for the application of professional standards by employers. The order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n approved the professional standard "Purchasing Specialist". And by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n, a professional standard was approved "Purchasing Expert".

In addition, a connection has been established between these standards and the CEN (Unified qualification guide positions of managers, specialists and other employees) and OKPDTR ( All-Russian classifier professions of workers, positions of employees and wage categories).

Professional standard "Specialist in the field of procurement" (qualification level from 5 to developed for a group of positions:

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

Purchasing consultant;
Senior Purchasing Specialist;
Procurement expert;
Deputy head/director (department, department, organization);
Head/director (department, department, organization);
contract manager;
Contract manager.

In accordance with professional standards specialist in the field of procurement must have:

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

BUT expert should have:

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

For the second group of positions (i.e. "Expert in the field of procurement"), it is mandatory not only to have the appropriate education, but also work experience - at least 5 years procurement, including leadership positions at least 3 years .

8. Search for a vacancy of a contract manager

I am often asked - “Where can I find a vacancy for a contract manager?”. In fact, finding a job as a contract manager is as easy as shelling pears. To get started, I recommend that you look at the most popular online job search sites.

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

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

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

5) participate in the consideration of cases on appealing the results of 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 the best technologies and other solutions to meet state and municipal needs ;

7) exercise other powers provided for by this Federal Law.

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

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