Who can be the head of the contract service according to 44 fz. Job description

1. Job description contract manager is

Job description is a document, which is based on prescribing all the obligations and responsibilities that apply to the contract manager. Uniform rules for registration this document no, in this regard, customers can independently choose the form of drawing up this document.

2. Requirements for the job description of the contract manager 44 FZ

The responsibilities of the state customer will include the creation of a special contract service. It is small organizations that have the opportunity to limit themselves to the appointment of such a specialist as a contract manager. This officer will be responsible for the implementation of procurement and for the fulfillment of all obligations under the contract. For this specialist, a job description is being developed on the basis of which he will conduct his activities.

• Legal regulation

First of all, in order to draw up a job description for this, the customer needs to focus on the requirements available in 44 Federal Laws. In part 4 of article 38 there is a complete list of functions, and they are obliged to perform the contract manager. All these functions must be included in this manual.
Based on professional standards, this instruction is compiled for a specific employee. Professional standards are developed by the Ministry of Labor and must be approved by order number 625n. The responsibilities of the customer will include the application of professional standards to employees. These requirements are found in Article 195 of the Labor Code of the Russian Federation. At the same time, there must be qualification requirements, they can be found in part 6 of article 38 44 of the Federal Law.

Based on Article 12 44 of the Federal Law, he will be personally liable for all violations of the law in the organization of procurement.

For such violations, the introduction of fines is provided, they are presented on the basis of 7.29 - 7.32, 19.5, 19.7.2 of the Code of Administrative Offenses of the Russian Federation. If the violations are of a more complex nature, then they may be subject to criminal liability.

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• Correct design

This document is drawn up by the head of the company and he independently determines what form it will have. The instruction may not necessarily be drawn up as a separate document, it may be integral part labor contract.

AT without fail the conditions under which the employee will assume the authority for contract management in conjunction with other functions are required to be prescribed.

In the very order of the manual for the appointment of a contract manager, the person to whom the employee will report in the course of work will be indicated.

The head of the organization has the right to make changes to the instructions. Only all these actions should be spelled out in the initial version of the document. The employee must personally familiarize himself with all the changes that are made to the job description and after that he must sign.

• The content of the job description

Provided that the instruction will be in the form of a separate document, then it should have sections:

General provisions. This section contains information about the position, the procedure for entering an employee into it and the ability to replace an employee with another, provided that the first one goes on vacation or sick leave.

Employee Qualification Requirements. On the basis of 44 FZ, the contract manager is required to have higher education and after that receive additional retraining for work in the field of procurement.

Job Responsibilities. The duties of the employee will include the creation and further placement of schedules in the EIS, as well as procurement plans or actions to create documentation for procurement, and much more.

Rights. The employee must receive up-to-date information, control documents and sign the necessary papers.

A responsibility. In case of violation of the requirements of the job description or inaction at the workplace, the employee will be liable for this.

Order of official interaction. This section should indicate the interaction of employees. There is also a clarification of the terms during which it is possible to transfer important information, it is transferred between departments.

Performance evaluation. This section contains a question about the overall assessment of the literacy and overall performance of this employee.

After the job description is drawn up by the head of the organization, then after that it is transferred to the employee so that he familiarizes himself with it. As soon as the employee is familiar with it, then if he agrees with all the conditions, he puts his signature on the document. In this case, the job description must be in two copies. One remains with the manager, and the second with the employee.

• Calculation of labor efficiency

One of the most important components of the instruction is the evaluation of the effectiveness of the work performed. In order to more accurately calculate this indicator, in this case it is necessary to take into account a number of criteria, these will include:

• Timely fulfillment of duties;
• intensity of work, responsibility of the employee;
• Availability of experience, knowledge and application of practical skills;
• Correct alignment of the workflow and the correct use of time and the use of tools;
• Positive attitude from counterparties and absence of claims;
• Compliance with legal requirements.

Based on the assessment of all of the above factors, the manager can draw a conclusion about the work of the employee and how effectively it is performed.

There is such a profession - to carry out purchases. It's called a contract manager. It is important to understand what tasks the legislation sets for the profession, and with it the leadership. Let's figure this out together.

The contract manager is an official who is appointed by the customer as responsible for the implementation of procurement, including the execution of each contract (Article 38 of Law 44-FZ).

A contract manager is appointed when two conditions are met:

1. The total annual purchase volume of the customer does not exceed 10 million rubles;
2. The customer does not have a contract service.

Functions and powers of the contract manager

And the contract manager is equally endowed with the following functions and powers:

1. Prepare and place in the UIS:

• procurement plan and changes to it;
• schedule and changes to it;
• procurement notices;
• procurement documentation;
• draft contracts;
• invitations to participate in the selection of suppliers by closed methods.

2. At the procurement planning stage, they organize consultations with suppliers (contractors, performers) and participate in them. They determine the best price for goods, works, services, the best technologies and other parameters.

3. Provide procurement, including the conclusion of contracts.

4. Participate in the consideration of cases on appealing the results of the determination of suppliers (contractors, performers) and prepare materials for claim work.

5. Exercise other powers provided for by Law No. 44-FZ.

The contract manager is liable within the limits of the powers exercised by him (part 5 of article 38 of Law No. 44-FZ).

Tasks of the contract manager

In addition to Law No. 44-FZ, there is a document “On Approval of a Model Regulation (Regulation) on Contract Service” (hereinafter referred to as the Regulation). It was approved by the Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631. This Regulation can also be used for . Indeed, within the meaning of Part 1 of Art. 38 of Law No. 44-FZ, a contract manager is appointed instead of a contract service. Therefore, their functions must be exactly the same.

The Regulation, more detailed than the law, lists the functions and powers of the contract manager. The tasks facing the contract manager are specified in clauses 4, 5 and 15 of this Regulation.

We single out the following tasks of the contract manager:

1 task - to organize and conduct the procurement process.

You need to do this "from and to": from planning to resolving disputes with suppliers and government agencies. Moreover, you need to start with yourself, because since you can appoint a contract manager to a citizen who has a higher education or additional professional education in the area of ​​procurement.

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2 task - to work in accordance with the law.

The contract manager must comply with:

• the Constitution of the Russian Federation;
• Law No. 44-FZ
• the Civil Code;
• the Budget Code;
• normative legal acts on contract system;
• other regulatory legal acts of the Russian Federation;
• regulation on the contract manager.

3rd task - to conclude contracts that are beneficial to the customer.

The fulfillment of the first two tasks by the contract manager should lead to the implementation of the third task - contracts must be concluded on the most favorable terms. That is, the contract manager must make sure that they are purchased at the maximum favorable price exactly those goods, works and services that the customer really needs.

The purpose of all activities of the contract manager is to summarize three tasks: saving budgetary funds when purchasing the necessary goods, works and services, organized according to the rules defined by regulatory legal acts.

Obligations of the customer to the contract manager

The customer is obliged:

• not to conduct negotiations with procurement participants until the winner of the supplier determination is identified, except as expressly provided by law;
• not to allow disclosure of information that became known to him during the procedures for determining the supplier (contractor, performer), except as expressly provided for by law;
• to prevent the occurrence of grounds on which the concluded contract may be declared invalid by the court, including on such grounds as the personal interest of the contract manager in the conclusion and execution of the contract;
• not allow in their work violations of the law on the contract system, which can lead not only to the imposition of a fine on the contract manager himself, as an official, but also on the customer, as entity. For example, for not posting the schedule on the official website, not only the contract manager can be fined 50,00 rubles, but also the customer, and for an amount 10 times more - 500,000 rubles (part 3 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The contract manager is a person budget organization engaged in procurement under the contract system. This is an official who is responsible not only for the implementation of procurement, but also controls the entire process, including compliance with the terms of each concluded contract.

The organization has the right to choose between a contract manager or a contract service. Preference in the direction of an official is given if the volume of purchases involves an amount exceeding 100 million rubles, and the company itself this moment does not have a contract with the relevant service.

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The contract manager may, in the singular, carry out activities for several types of procurement at the same time, but it may be several people, each of whom will be assigned separate view activities.

The job description of the contract manager provides for compliance with certain rules, on the basis of which the entire work process and direct reporting to the organization are carried out.

Why is it necessary

The professional activity of a contract manager begins with the preparation of a plan and the subsequent selection of a supplier. Further, the official negotiates on mutually beneficial terms. The final stage is the analytical activity of the activities carried out and compliance with all the terms of the contract by both parties. Since the volume of purchases is extremely large, the need for a contract manager is justified.

The direct organization of the work of the contract manager is as follows:

• the head of the organization is obliged to focus on the Federal Law-44, which regulates the creation of a contract service;
• appointing a contract manager and determining the number of people reporting to him;
• the contract manager may be the only specialist or have a small staff, each of which will deal with specific area procurement;
• the creation of the service and the determination of the number of people depends on the volume of future purchases.

In most cases, a separate division is created in municipal institution responsible for the implementation of public procurement, control over the process and its maintenance until all the conditions of the contract are fulfilled by both parties.

What does the sample fz-44 look like

The basis for creating a contract service and hiring a manager for the head of the organization is FZ-44.

There are several options for the development of events:

• The head of the institution accepts a new employee for the position of a contract manager, with whom an appropriate employment contract is concluded. It is possible to accept a person for another position, but the actual duties of the employee will be the organization and conduct of procurement.
• The head of the institution appoints a person from the existing staff to the position of contract manager. At the same time, the employment contract is re-registered with the introduction of new official duties.
• The head of the institution appoints an employee from his staff to the position of contract manager, but concurrently. In that case, in labor contract changes are made, there is an additional payment for the performance of new duties. At the same time, the employee performs the previous functions on the previously existing conditions.

After accepting an employee for new position an appropriate order is issued to appoint and bring a person up to date.

After taking up the position of a contract manager, the employee has the corresponding duties on the basis of Federal Law-44, as well as Article 232 of the Labor Code of the Russian Federation, in case of failure to comply with which certain penalties are provided.

In addition, there is also administrative responsibility, since the job description of the contract manager provides for liability to the head and the entire municipal organization.

From 2019, only a person with a relevant specialized education in the field of procurement can apply for the position of a contract manager. FZ-44 strictly regulates this item, and also provides for advanced training in this area through training in the interval of at least 16 hours or through full training of a specialist, which takes at least 250 hours.

Requirements for a responsible person in a school or kindergarten

Requirements for a contract manager in a school or preschool educational institution are reduced to compliance with the norms of FZ-44. In addition, the specialist must have a broad understanding of the work in children's institutions, know their nuances and requirements.

General provisions

General provisions of the contract manager in children's institution look like this:

• the contract manager is included in the staff of the institution's specialists and is a subordinate of the director of the school or head of the kindergarten;
• the employee must have a higher professional education and additional education in the field of procurement;
• the contract manager is obliged to know the Constitution of the country, civil rights and navigate in public sector activities, as well as know the provisions of FZ-44;
• the contract manager must be well versed in the intricacies of procurement transactions, know the nuances of their conduct and competently apply theoretical knowledge in practice;
• exercise control over the activities of subordinates throughout the process;
• professional activity must comply with the requirements of Russian legislation;
• being financially responsible person, the contract manager is fully responsible for his actions to the head of the organization, as well as to the law.

In addition, the main provisions for the contract manager include compliance with safety regulations and labor protection standards.

Responsibilities of a person

Contract manager working at a school or kindergarten has the following responsibilities:

• drawing up a plan for future purchases;
• the assumption of possible changes in the plan and their timely introduction without prejudice to financial side organizations;
• loading the plan into a single information service;
• conclusion of contracts;
• participation in the consideration of complaints and claims arising in the course of work, as well as the preparation of reasoned objections;
• negotiating with suppliers at all stages of the procurement;
• maintaining the required level of qualification;
• compliance with and fulfillment of other requirements of Federal Law-44, if any, in a particular case.

The duties of the contract manager are numerous functions, which boil down to a competent and rational approach to procurement, as well as compliance with all the necessary requirements of Federal Law-44 and other regulatory acts of the law.

Skill level

The qualifications of a contract manager can directly affect the quality of his work, so there are certain requirements that determine qualification level. First of all, this refers to the education of the employee. It should howl the highest profile. Proof of training in procurement is also required.

When hiring, the existing experience in the procurement field is of great importance. Excellent knowledge of the Constitution of the Russian Federation, the main provisions budget institutions, the basics of accounting and FZ-44 - all this should speak about the skill level of the contract manager and, accordingly, the quality of future work.

It is worth noting that with excellent theoretical knowledge, an employee can show high-class organizational skills, unlike a person with unsuccessful experience in the field of procurement.

Order of service interaction

The order of official interaction of the contract manager municipal organization with the rest of the workers is built on business communication, as well as on the established regulations within collective relations.

Negotiations are carried out exclusively in a business setting. However, it is not allowed to discuss the details of the procurement project by the contract manager with other bidders until the final winner is selected.

Otherwise, this will be considered a violation of the law, unless a different development of the events of Federal Law-44 is provided. The same applies to holding electronic trading– the contract manager is prohibited from communicating with the operator in order to exclude benefits from both parties.

In the event that the contract manager is related to the supplier, married or legally related, and the transaction for the purchase of goods involves the receipt of a certain benefit, both for one party and for the other, then the customer must be informed about this.

The content of the job description of the contract manager

The job description of the contract manager is based on compliance with Federal Law-44, and also implies the provision of complete information on the progress of work to the immediate supervisor and posting it on the Internet on the required portal.

All stages of procurement, from bidding and supplier selection to the provision of reporting information, must be absolutely transparent and in compliance with the necessary standards and requirements.

The direct contract manager must meet the stated requirements, have a higher education, including public procurement courses. The head of the municipal organization, for its part, is obliged to retrain the employee, if necessary, and, if necessary, to monitor the activities carried out at various stages. The contract manager, in turn, is obliged to provide the manager with all the necessary data on the work done.

The contract manager's job description provides for drawing up a plan for future actions and clear compliance with it at all stages of work. If necessary, the action plan can be adjusted, which is agreed with the stakeholders.

The final stage of the job description is the conclusion of a transaction for the supply of goods, compliance with the requirements of all participants in the process and the implementation of the terms of the contract. The manager is a financially responsible person, therefore, in case of poor-quality performance of his duties, he can be presented to an administrative penalty, depending on the degree of violation and the existing intent.

Performance indicators

The performance of the contract manager is evaluated by general and main indicators:

General

the volume and intensity of labor, the possibility of carrying out activities in extreme situations, the discipline of the employee; timely fulfillment of immediate duties; quality of work - the possibility of applying theoretical knowledge in practice; professionalism - the practical use of one's own experience and knowledge to achieve an improvement in the quality of work, as well as borrowing the positive experience of other organizations; organization of the workflow rational use time and money in relation to the existing contract; possibility creativity to work and the ability to get out of difficult situations due to this; understanding of responsibility for the work being done.

Main

the absence of claims and complaints for the entire period of work - it concerns precisely reasoned shortcomings; conclusion of procurement contracts on the most effective terms; compliance with the legislation of the Russian Federation and the terms of the contract; compliance necessary conditions all participants in the transaction without loss of benefits for their own organization.

The totality of all indicators can speak about the effectiveness of the work performed and the professionalism of the contract manager.

Job description of a contract manager

[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions Labor Code Russian Federation and other legal acts regulating labor relations.

1. General Provisions

1.1. The contract manager belongs to the category of specialists and reports directly to [title of the position of the immediate supervisor].

1.2. A person who has a higher professional education in the specialty [insert required] or additional professional education in the field of procurement, as well as at least [value] years of work experience in this area is accepted for the position of a contract manager.

1.3. The contract manager must know:

The Constitution of the Russian Federation, civil, budgetary legislation, 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", as well as other regulatory legal acts in the field of procurement of goods , works, services to meet state and municipal needs;

General principles of procurement for state and municipal needs;

Basic principles, concepts and processes of the procurement system;

Procurement system for state and municipal needs in the context of social, political, economic processes Russian Federation;

Procurement planning methods;

The procedure for 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;

Procurement procedure, including the conclusion of contracts;

Criteria for evaluating applications for participation in the competition, a comparative analysis of methods for evaluating applications for participation in the competition;

Efficiency of placing orders for state and municipal needs;

Control over compliance with the legislation of the Russian Federation on the placement of state and municipal orders;

Measures of responsibility for violations in the placement and execution of orders for the supply of goods, performance of work, provision of services for state and municipal needs;

Ensuring the protection of the rights and interests of participants in the placement of orders, the appeal procedure;

Information support of state and municipal orders;

Basics of the labor legislation of the Russian Federation;

Rules and norms of labor protection, safety precautions.

2. Job responsibilities

The contract manager has the following job responsibilities:

2.1. Procurement plan development.

2.2. Implementation of the preparation of changes to be included in the procurement plan.

2.3. Placing a procurement plan in a single information system and making changes to it.

2.4. Development of a schedule.

2.5. Implementation of the preparation of changes for inclusion in the schedule.

2.6. Placement in the unified information system of the schedule and changes made to it.

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

2.8. Implementation of the preparation and placement in a single information system of notices of procurement.

2.9. Implementation of the preparation and placement in a single information system of procurement documentation and draft contracts.

2.10. Preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods.

2.11. Ensuring the implementation of procurement, including the conclusion of contracts.

2.12. Participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers).

2.13. Implementation of the preparation of materials for the performance of claim work.

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

2.15. If necessary, the involvement of experts, expert organizations in their work in accordance with the requirements stipulated federal law dated April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and other regulatory legal acts.

2.16. Maintaining the level of qualifications necessary for the performance of their duties.

2.17. Fulfillment of other obligations stipulated by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

3. Rights

The contract manager has the right:

3.1. For all social guarantees provided for by law.

3.2. Make suggestions to senior management to improve their work.

3.3. Require the management of the organization to assist in the performance of its professional duties and exercise of rights.

3.4. Receive information and documents necessary for the performance of their duties.

3.5. Improve your professional qualifications.

3.6. [Other rights under labor law].

4. Responsibility

The contract manager is responsible for:

4.1. For failure to perform or improper performance of their official duties provided for by this job description - to the extent determined by the current labor legislation of the Russian Federation.

4.2. For causing material damage to the employer - within the limits determined by the current labor and civil legislation of the Russian Federation.

4.3. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal, civil legislation of the Russian Federation.

The job description was developed in accordance with [name, number and date of the document].

Supervisor personnel service

[initials, last name]

[signature]

[day month Year]

Agreed:

[job title]

[initials, last name]

[signature]

[day month Year]

Familiarized with the instructions:

[initials, last name]

[signature]

[day month Year]

According to 44-FZ, the customer must have a contract service. It can be organized as a separate structural unit, and without its creation. Regardless of this, the contract service must have a leader. In this article, we'll talk about who he might be and what he should do.

Create a service

Before the start of work of the contract service, it is necessary to approve the regulation on it (hereinafter referred to as the Regulation). It is developed based on model provision from the order of the Ministry of Economic Development No. 631. The Regulation fixes the regulations in accordance with which the contract service will operate, and the procedure for its relationship with other departments of the customer. The document is drawn up by an employee of the personnel service, and signed by the head of the customer.

The Standard Provision states that the contract service must have a leader. What the position of such an employee should be called is not specified separately. If the service is created without the formation of a structural unit, then either the head of the customer or one of his deputies should head it.

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Quite often the question arises: can the head of any division of the company hold the position of the head of the contract service? For example, Chief Accountant. We are talking about a situation where the service is not allocated to a separate unit. The answer is that the chief accountant can head the contract service only if he is the deputy head of the customer.

Confirmation of authority of the head

In the Regulations on the contract service, it is necessary to determine the main powers of the head. They are detailed in the job description. By the time the head of the contract service is hired or his duties are assigned to an employee of the organization, the Regulations must be approved. It should include the following information regarding the leader:

• the title of his position;
• chain of command, immediate supervisor;
• requirements that apply to a person holding a position: to education, additional qualifications, as well as knowledge of the law;
• rights and obligations, as well as the responsibility of the head of the contract service;
• the powers that he is vested with in the framework of procurement activities.

In addition, it is necessary to provide for cases when the head of the contract service will not be able to fulfill his duties. For example, during his vacation. The leader may have a deputy for this purpose. Or he must independently transfer authority to one of the employees of the contract service during his absence.

Main responsibilities

What should a contract manager do? The range of his duties is quite wide. Here are just a few of them:

• development of the structure of the contract service, selection of the composition and number of employees;
• distribution of functions and powers among employees;
• planning the work of the service, preparing reports, informing the customer's management about the procurement procedure;
• organization of consultations with suppliers;
• organizing a public discussion of the procurement (if required), as well as making changes to the documents, if they need to be made based on the results of the discussion;
• participation in the development of draft contracts;
• supervising issues of a bank guarantee, receipt and return of funds to secure applications;
• participation in the process of appealing the purchase or its result.

Among other things, the customer may impose on the head of the contract service the responsibility to ensure its work. In other words, the head will be fully responsible for the activities of the service and its employees.

Requirement for a leader

All employees of the contract service, including the head, must be responsible professional standards. With regard to the qualifications of the leader, his labor function provided by the standard is as follows: organization of work on expertise and consulting in the field of procurement for state, municipal and corporate needs. To implement this function, you need highest level qualification - eighth.

The head of the contract service must have:

1. higher education (to be a specialist or a master);
2. additional vocational education (professional retraining, advanced training);
3. At least 5 years of experience in the field of procurement, of which at least 3 - to hold senior positions.

On the responsibility of the leader

In accordance with paragraph 10 of the Model Regulations on the contract service mentioned above, its head is the same employee as any other. If he allows a violation of the law, then, being an official, he will bear administrative responsibility for this in accordance with Articles 7.29–7.32, parts 7, 7.1 of Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation.