Contract service or bankruptcy trustee. Job description

Hello dear colleague! As you know, for procurement under 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 job seekers 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 a contract manager book.

2. Contract service or contract manager?

Customers whose cumulative annual purchases >100 million rubles , create contract services(while creating a special structural unit is optional). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. at SHOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Obligations of a contract manager under 44-FZ

According to part 4 of article 38 of 44-FZ, the duties of a contract manager include:

1. development, preparation of changes to be included in the procurement plan, placement in the procurement plan and the changes made to it;

1. development, preparation of changes to be included in the schedule, placement in a single information system of the schedule and the changes made to it;

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

1. procurement, including the conclusion of contracts;

1. participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and preparing materials for the performance of claim work;

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

1. other powers provided for by 44-FZ.

A detailed list of the functions and powers of the contract service (contract manager) is contained in Section II of the model provision (regulation) approved.

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 for appointing 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 a 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 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 of a new position in the organization's staffing table;

• 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).

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 a 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).

In addition, a connection has been established between these standards and the CEN (Unified Qualification Directory for the Positions of Managers, Specialists and Other Employees) and OKPDTR (All-Russian Classification of Workers' Occupations, Positions of Employees and Wage Categories).

The professional standard "Specialist in the field of procurement" (qualification level from 5 to 8) was developed for a group of positions:

• Procurement Specialist;
• Leading Specialist;
• contract worker;
• contract manager;
• Purchasing consultant;
• Deputy head of department;
• Head of department;
• Contract manager;
• Advisor;
• Supervisor.

The professional standard "Expert in the field of procurement" (qualification level from 6 to 8) was 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 line 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 in the field of procurement, including in senior 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. www.hh.ru (HeadHunter);
2. www.superjob.ru (SuperJob);
3. www.rabota.ru (Rabota);
4. www.job.ru (Job);
5. www.avito.ru (Avito).

In addition, you can go to the websites of administrations or the websites of state (municipal) customers, where sometimes there are announcements about the search for procurement specialists.

Sometimes such ads are posted on or in thematic groups and communities in social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next editions.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

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

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

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

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

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

Regulatory documents

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

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

Order of appointment

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

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

Job Responsibilities

The duties of a contract manager under 44 Federal Laws in a budgetary institution are as follows:

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

Job Description Example

When appointing a contract manager, job responsibilities are fixed with the help of a job description.

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

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

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

Consider the options for organizing a customer contract service.

Contract service as a structural unit

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

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

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

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

Contract service without the formation of a special structural unit

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

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

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

Position of contract manager

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

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

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

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

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

Staffing and professional standards

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

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

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

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

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

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

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

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

And the expert:

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

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

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

Irina Kozlova

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

know

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

be able to

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

own

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

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

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

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

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

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

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

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

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

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

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

It's important to know

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

The head, employees of the contract service, the contract manager, found guilty in the prescribed manner of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, bear responsibility, including administrative, disciplinary, civil law, criminal.

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

test questions

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

Tests

• 1. The customer is obliged to establish a contract service in accordance with the Contract System Law if:
  • a) the total annual volume of purchases exceeds 100 million rubles;
  • b) the total annual volume of purchases does not exceed 100 million rubles;
  • c) a special structural subdivision has been created that performs the functions and powers to determine the supplier (contractor, performer);
  • d) the total annual volume of purchases does not exceed 100 million rubles. and a special structural subdivision was created, which performs the functions and powers to determine the supplier (contractor, performer).
• 2. Is the customer obliged, in accordance with the rules on the contract system, to create a special structural unit that exercises the functions and powers to determine the supplier (contractor, performer)?
• a) yes, you must;
• b) yes, it is obliged if it makes purchases at the expense of the federal budget;
• c) no, not required;
• d) no, it is not required if it makes purchases at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.
• 3. Determine the correct statement:
  • a) the contract manager is not an employee of the customer and performs duties in accordance with the terms of the civil law contract;
  • b) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the civil law contract;
  • c) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment contract and civil law contract;
  • d) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of an employment or civil law contract.
• 4. The contract manager is responsible for:
  • a) for making a purchase or several purchases;
  • b) for the implementation of each purchase and the execution of each contract;
  • c) for the implementation of a purchase or several purchases and the execution of each contract;
  • d) for the implementation of each purchase and the execution of each contract, for which the contract service is not responsible.
• 6. The customer, in accordance with the Law on the contract system, cannot involve employees of the contract service and the contract manager:
  • a) as an expert in the examination of the design documentation;
  • b) as an expert when accepting the results of the execution of the contract;
  • c) as a member of the unified commission of the customer;
  • d) all answers are wrong.
• 7. When centralizing procurement in accordance with the Law on the contract system, the contract service, the contract manager:
  • a) exercise powers, including control over the execution of powers transferred to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
  • b) exercise powers not transferred to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
  • c) exercise powers, including control over the execution of powers transferred to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers) only within the development and placement of procurement documentation;
  • d) there is no correct answer.
• 8. When centralizing procurement, the contract service, the contract manager are responsible for:
  • a) only within the limits of their powers;
  • b) within the powers exercised by them and the powers transferred to the authorized body, authorized institution, since they control their execution;
  • c) only within the limits of their powers, if they are expressly specified in the employment contract;
  • d) there is no correct answer.
• 9. The contracting authority shall appoint a contract manager in accordance with the Contract System Law if:
  • a) the total annual volume of purchases of the customer does not exceed 100 million rubles;
  • b) the total annual volume of purchases of the customer does not exceed 100 million rubles. and such a customer has not created a contract service;
  • c) the total annual volume of purchases of the customer does not exceed 150 million rubles;
  • d) the total annual volume of purchases of the customer does not exceed 150 million rubles. and such a customer has not created a contract service.
• 10. What qualifications should contract service workers, a contract manager have?
• a) higher economic or legal education, work experience in the field of procurement for at least two years;
• b) higher education in the direction (specialty) "State and municipal management" and additional professional education in the field of procurement;
• c) higher education or additional professional education in the field of procurement, work experience in the field of procurement for at least two years;
• d) no correct answer.

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

Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631
"On Approval of the Standard Regulations (Regulations) on Contract Service"

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; N 27, item 3480) I order:

2. This order shall enter into force on January 1, 2014, with the exception of subparagraphs 1-3 of paragraph 11 and subparagraph 1 of paragraph 13 of the Model Regulations (regulations) on contract service, which enter into force on January 1, 2015.

Model provision (regulation) on contract service
(approved by order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631)

With changes and additions from:

I. General provisions

1. This Model Provision (Regulation) on the contract service (hereinafter referred to as the Regulation) establishes the rules for organizing the activities of the contract service when planning and procuring goods, works, services to meet state or municipal needs.

2. The contract service is created in order to ensure planning and implementation by the customer in accordance with 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, item 1652; N 27, item 3480; N 52, item 6961; 2014, N 23, item 2925; N 30, item 4225; N 48, item 6637; N 49 , item 6925; 2015, N 1, item 11, 51, 72; N 10, item 1393, 1418; N 14, item 2022; N 27, item 3979, 4001; N 29, item 4342, 4346, 4352, 4353, 4375; 2016, N 1, items 10, 89; N 11, items 1493; N 15, items 2058, 2066; N 23, item 3291; N 26, items 3872, 3890 ; N 27, art. 4199, 4247, 4253, 4254, 4298) (hereinafter respectively - the Customer, the Federal Law) procurement of goods, works, services to meet state or municipal needs (hereinafter - procurement).

3. Customers, whose total annual volume of purchases in accordance with the procurement schedule (hereinafter referred to as the schedule) exceeds 100 million rubles, create contract services. The customer has the right to create a contract service, if the total annual volume of purchases of the customer in accordance with the schedule does not exceed 100 million rubles.

4. The contract service in its activities is guided by the Constitution of the Russian Federation, the Federal Law, the civil legislation of the Russian Federation, the budget legislation of the Russian Federation, regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, including this Regulations, other regulatory legal acts of the Russian Federation, regulations (regulations) on the contract service of the Customer.

5. The main principles of the creation and functioning of the contract service in the planning and implementation of procurement are:

1) attraction of qualified specialists with theoretical and practical knowledge and skills in the field of procurement;

2) free access to information about the actions performed by the contract service aimed at meeting state and municipal needs, including the methods of procurement and their results;

3) conclusion of contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs;

4) achievement by the Customer of the specified results of ensuring state and municipal needs.

6. A contract service is created in one of the following ways:

1) creation of a separate structural unit;

2) 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 (hereinafter referred to as a contract service without forming a separate unit).

7. The structure and number of the contract service is determined and approved by the Customer, but cannot be less than two people.

8. The Regulations (regulations) on the Customer's contract service may establish that employees of the Customer's contract service cannot be members of the Customer's procurement commission.

9. The contract service is headed by the head of the contract service.

In the event that the contract service is created as a separate structural unit, it is headed by the head of the structural unit, appointed to the position by order of the head of the Customer or an authorized person performing his duties.

The contract service, which is created as a contract service without forming a separate unit, is headed by the head of the Customer or one of the deputy heads of the Customer.

10. The head of the contract service, in order to improve the efficiency of the work of the contract service employees, when forming the organizational structure, determines the job duties and personal responsibility of the contract service employees, distributing the functional duties defined by this Regulation between the specified employees.

11. Functional responsibilities of the contract service:

1) procurement planning;

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

3) justification of purchases;

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

5) mandatory public discussion of procurement;

6) organizational and technical support for the activities of procurement commissions;

7) involvement of experts, expert organizations;

8) preparation and placement in the unified information system in the field of procurement (hereinafter referred to as the unified information system) of notices of procurement, procurement documentation, draft contracts;

9) preparation and sending of invitations to take part in the selection of suppliers (contractors, performers) by closed methods;

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

11) organization of the conclusion of the contract;

12) organization of acceptance of the delivered goods, performed work (its results), rendered services, as well as individual stages of delivery of goods, performance of work, provision of services (hereinafter referred to as a separate stage of execution of the contract) provided for by the contract, including the examination of the supplied goods in accordance with the Federal Law; goods, results of work performed, services rendered, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

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

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

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

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

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

12. The procedure for the contract service to exercise its powers, as well as the procedure for interaction of the contract service with other divisions of the Customer, the procurement commission is determined by the regulation (regulation) approved by the Customer in accordance with these Regulations.

II. Functions and powers of the contract service

13. The contract service performs the following functions and powers:

1) when planning purchases:

a) develops a procurement plan, prepares changes to be included in the procurement plan, places the procurement plan and the changes made to it in a single information system;

b) publishes procurement plans on the Customer's websites on the Internet information and telecommunications network (if any), and also publishes them in any print media in accordance with Part 10 of Article 17 of the Federal Law;

c) ensures the preparation of the justification for the procurement when forming the procurement plan;

d) develops a schedule, prepares changes for making to the schedule, places the schedule and the changes made to it in a single information system;

e) organizes the approval of the procurement plan, schedule;

f) determines and justifies the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) when forming the procurement schedule;

2) when determining suppliers (contractors, performers):

a) chooses a method for determining the supplier (contractor, performer);

b) specifies, as part of the justification for the purchase, the initial (maximum) price of the contract and its justification in notices of procurement, invitations to participate in the selection of suppliers (contractors, performers) by closed methods, procurement documentation;

c) specifies, as part of the justification for the purchase, the initial (maximum) price of the contract concluded with a single supplier (contractor, performer);

d) prepares procurement notices, procurement documentation (except for the description of the procurement object), draft contracts, amendments to procurement notices, procurement documentation, invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

e) prepares minutes of meetings of procurement commissions based on # decisions made by members of the procurement commission;

f) organize the preparation of a description of the procurement object in the procurement documentation;

g) provides organizational and technical support for the activities of procurement commissions, including verification of:

compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, rendering services that are the object of procurement;

the competence of the procurement participant to conclude a contract;

non-liquidation of a procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of a procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings;

non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, as of the date of filing an application for participation in the procurement;

the procurement participant has no arrears in taxes, dues, debts on other obligatory payments to the budgets of the budget system of the Russian Federation;

the absence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant - a legal entity, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant, if the specified requirement is established in the procurement documentation;

the procurement participant - an individual or the head, members of the collegial executive body or the chief accountant of the legal entity - procurement participant has no convictions for crimes in the field of economics;

possession by the procurement participant of exclusive rights to the results of intellectual activity;

compliance with additional requirements established in accordance with Part 2 of Article 31 of the Federal Law;

h) ensures the involvement of a specialized organization on the basis of a contract to perform certain functions to determine the supplier;

i) ensures that institutions and enterprises of the penitentiary system, organizations of persons with disabilities are given advantages in relation to the price of the contract they offer;

j) ensures the procurement from small businesses, socially oriented non-profit organizations, establishes a requirement to involve subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract;

k) places in a unified information system or before the commissioning of the said system on the official website of the Russian Federation in the information and telecommunication network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services, notices of procurement, procurement documentation and draft contracts, protocols provided for by the Federal Law;

m) publishes, by decision of the head of the contract service, a notice of procurement in any mass media or places this notice on sites on the Internet information and telecommunications network, provided that such publication or such placement is carried out along with the placement provided for by the Federal Law;

m) prepares and sends in writing or in the form of an electronic document explanations of the provisions of the procurement documentation;

o) ensures the safety of envelopes with bids for participation in procurement, security, integrity and confidentiality of bids for participation in procurement submitted in the form of electronic documents and ensures that the content of bids for participation in procurement is considered only after opening the envelopes with bids for participation in procurement or opening access to applications for participation in procurement submitted in the form of electronic documents;

o) provides an opportunity for all procurement participants who submitted applications for participation in the procurement, or their representatives to be present at the opening of envelopes with applications for participation in the procurement and (or) opening access to applications for participation in the procurement submitted in the form of electronic documents;

p) provides an opportunity to receive real-time information about the opening of access to applications submitted in the form of electronic documents for participation in the procurement;

c) ensure the implementation of an audio recording of the opening of envelopes with applications for participation in procurement and (or) the opening of access to applications for participation in procurement submitted in the form of electronic documents;

r) ensures the storage, within the time limits established by law, of the minutes drawn up during the procurement, applications for participation in procurement, procurement documentation, changes made to the procurement documentation, clarifications of the provisions of the procurement documentation and audio recording of opening envelopes with applications for participation in procurement and (or) opening access to applications submitted in the form of electronic documents for participation in procurement;

s) attracts experts, expert organizations;

t) ensures the coordination of the use of closed methods for determining suppliers (contractors, performers) in the manner established by the federal executive body for regulating the contract system in the field of procurement, in accordance with Part 3 of Article 84 of the Federal Law;

u) ensure that the necessary documents for concluding a contract with a single supplier (contractor, executor) based on the results of failed procedures for determining a supplier in the cases established by the Federal Law are sent to the relevant authorities specified in paragraphs 24 and 25 of Part 1 of Article 93 of the Federal Law;

v) substantiate in a documented report the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer), as well as the price of the contract and other essential terms of the contract in case of procurement from a single supplier (contractor, performer) for the conclusion of the contract;

w) ensure the conclusion of contracts;

w) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who evaded the conclusion of contracts;

3) when executing, changing, terminating the contract:

a) ensures the acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services;

b) organizes payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;

c) interact with the supplier (contractor, performer) when changing, terminating the contract, apply liability measures, including sending the supplier (contractor, performer) a demand for payment of penalties (fines, penalties) in case of delay in the performance of obligations by the supplier (contractor, performer) (including the warranty obligation) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, performs other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;

d) organizes the examination of the delivered goods, performed work, rendered services, attracts experts, expert organizations;

e) if necessary, ensures the creation of an acceptance committee of at least five people to accept the delivered goods, work performed or services rendered, the results of a separate stage of contract execution;

f) prepares a document on the acceptance of the results of a separate stage of the execution of the contract, as well as the delivered goods, work performed or services rendered;

g) places in a unified information system or before the commissioning of the said system on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on the placement of orders for the supply of goods, performance of work, provision of services, a report containing information on the execution of the contract, on compliance with the intermediate and final deadlines for the performance of the contract, on the improper performance of the contract (indicating the violations committed) or on the non-performance of the contract and on the sanctions that were applied in connection with the violation of the terms of the contract or its non-performance, on the change or termination of the contract in the course of its execution, information about changing the contract or termination of the contract, with the exception of information constituting a state secret;

h) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer), with whom the contract was terminated by a court decision or in connection with the Customer's unilateral refusal to perform the contract;

i) draws up and places in a single information system a report on the volume of purchases from small businesses, socially oriented non-profit organizations;

Information about changes:

By order of the Ministry of Economic Development of the Russian Federation of May 26, 2014 N 294, paragraph 13 was supplemented with subparagraph "k"

j) organizes the inclusion in the register of contracts concluded by customers, information about contracts concluded by customers.

14. The contract service exercises other powers provided for by the Federal Law, including:

1) organizes, if necessary, 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;

2) organizes a mandatory public discussion of the procurement of goods, work or services, based on the results of which, if necessary, prepares changes to be introduced into the procurement plans, schedules, procurement documentation or ensures the cancellation of the procurement;

3) takes part in the approval of requirements for certain types of goods, works, services purchased by the Customer (including marginal prices for goods, works, services) and (or) standard costs for ensuring the functions of the Customer and places them in a single information system;

4) participates in the consideration of cases on appealing against actions (inaction) of the Customer, including appealing against the results of determining suppliers (contractors, performers), and prepares materials for the implementation of claim work;

6) checks bank guarantees received as security for the performance of contracts for compliance with the requirements of the Federal Law;

7) if the Customer refuses to accept a bank guarantee, informs the person who provided the bank guarantee about this, indicating the reasons that served as the basis for the refusal;

2) not to conduct negotiations with procurement participants until the winner of the supplier (contractor, performer) is identified, except as expressly provided for by the legislation of the Russian Federation;

3) to involve, in cases, in the manner and subject to the requirements provided for by the current legislation of the Russian Federation, including the Federal Law, experts, expert organizations in their work.

16. When centralizing procurement in accordance with Article 26 of the Federal Law, the contract service performs the functions and powers provided for in paragraphs 13 and these Regulations and not transferred to the relevant authorized body, authorized institution that exercise the authority to determine suppliers (contractors, performers).

17. Head of contract service:

1) distribute duties among contract service employees;

2) submits for consideration by the Customer proposals for the appointment and dismissal of employees of the contract service;

3) exercise other powers provided for by the Federal Law.

III. Responsibility of contract service workers

18. Any participant in the procurement, as well as public associations exercising public control, associations of legal entities in accordance with the legislation of the Russian Federation, have the right to appeal in court or in the manner prescribed by the Federal Law, to the control body in the field of procurement of actions (inaction) of officials of the contract services, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

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