Responsibilities of a contract manager in a budgetary institution. Features of the job description of the contract manager

On January 1, 2014, a system of innovations in the field of public procurement came into force, which determined personnel transformations, determining the mechanism of action of the Federal Contract Service. The responsibility of the customer now includes the formation and maintenance professional level contract service(CC), contract managers (CU), procurement commissions. In this article, we will consider the concept of a contract manager according to 44-FZ, what a contract service is, the duties of a contract manager. The specified information will be useful for the supplier, who must understand the peculiarities of the organization of the customer's work in order to increase the efficiency of participation in procurement.

1. Why does the customer create the position of “contract manager”?

In order to conduct procurement activities with the proper level of professionalism, customers must create such an official unit as a contract manager or contract service. Only qualified specialists are involved in these positions. These changes in the law are aimed at regulating the expenditure of budgetary funds, as they allow controlling corruption, and thus partially relieve the customer from the consequences of violations in the event of inspections, placing responsibility on the contract manager. The work of this service is regulated by the position of the customer, it is developed in accordance with. Accordingly, it determines the structure and minimum number of personnel (two employees) of the contract service. The federal contract service is the only one. It is legally prohibited to form several such services. Customers are also prohibited by law from hiring citizens as part of the contract service, concluding a civil law contract with them. there is an instruction to customers to hire citizens in their CC, concluding an employment contract with them, or to appoint their employees to the position of contract manager under 44-FZ.

Customers with a small annual volume of purchases are not required to form a CA. This volume can be seen from the posted schedule, according to which they can calculate it. Depending on its total size, the customer can determine whether he needs to form a contract service or not. If the amount of annual purchases in monetary terms exceeds 100 million, the customer forms such a service.

If the monetary equivalent of the purchase for the year is not more than 100 million and the CU has not been formed before (the customer has such a right, which in this case does not oblige him to do this), it is only necessary to create the position of a contract manager. At the same time, in any of these options for a contract service, it must have a head, even if a separate unit has not been created, since several employees can be in the service and they must have a head. Law on contract system 44-FZ also allows you to assign the functions of a contract manager to several of your employees, tk. there is no direct prohibition on this. The only thing you need to understand is that the contract manager conducts the purchase from start to finish, without splitting and transferring the stages of the purchase to other contract managers.

2. Obligations of the contract manager 44-FZ

A contract manager under 44-FZ is an employee appointed to this position, who implements only purchases of his sector or all purchases. The work of a contract manager covers all stages up to the closing of a transaction under a contract. At the same time, if the customer has several contract managers, then each of them conducts the purchase from the beginning to its execution. The easiest way is to distribute responsibilities between such managers according to the type or subject of procurement. One manager is engaged in the procurement of works and services, the other is simply in the supply, for example. This information is in the explanatory letter of the Ministry of Economic Development No. D28i-1889 dated September 30, 2014.

Referring to Article 38 of 44-FZ, you can familiarize yourself with the list and functions that include the duties of a contract manager under 44-FZ. This list includes:

The contract manager monitors the timely formation of the procurement schedule and its placement in the EIS. The responsibilities of the contract manager also include the development of a procurement plan and its timely publication. If it is necessary to make changes to these documents, this is also done by the contract manager or contract service of the customer.

Also, the contract manager (contract service) accompanies and prepares purchases, justifies the initial maximum purchase price and formalizes the purchase from a single supplier. This also includes the execution of notices in the EIS, documentation on ongoing procedures, minutes of commission meetings, including draft contracts. The contract manager can also search for potential suppliers by sending out invitations to participate, including in limited participation procedures. The contract manager, on behalf of the customer, if necessary, consults with suppliers at the stage of procurement planning and participates in the assessment of the competitive environment in order to determine more modern and advantageous offers in the market for goods and services.

He can also provide other options for customer procurement solutions, which, for example, have more attractive conditions. At the stage of the participant, the duties of the contract manager also include explaining the provisions of the documentation, monitoring and ensuring the procedure for opening envelopes, conducting an audio recording of the opening of envelopes, concluding a contract based on the results of the procurement, and documenting the inclusion in the black list (CHL) of participants who evaded signing or did not fulfill the conditions already signed contract.

If the customer has received a notification about sending a complaint to the Federal Antimonopoly Service about the results or the documentation itself, then the contract manager also participates in preparing a response and participates in meetings on such cases, including preparing information for claim work. There may be some other responsibilities that are present in the more detailed list of the model clause on contract service.

3. Contract manager: requirements for candidates

AT federal law there is no indication that employees holding the position of a contract manager under 44-FZ should improve their skills. But the customer's commission can only include persons with professional training or professional skills, as indicated in Article 39 of the 44-FZ. Article 38, paragraph 6 of the 44-FZ defines the standard requirements for applicants for a contract service vacancy or contract manager.

To qualify for these positions, employees must have supporting documents on higher education and additional professional education in accordance with the required work of the contract manager. There are also professional standards for a contract manager under 44-FZ. At present, there is a law on education of the Russian Federation, which removed the terminology "advanced training", now there are only such concepts as professional training and retraining. There is a difference between advanced training and professional retraining. Professional development is the renewal of skills and professional development within the framework of existing education and qualifications, and professional retraining is the acquisition of new qualification, that is, retraining. And in article 112 in part 23 of 44-FZ there is an indication that before January 1, 2017, the contract manager under 44-FZ must receive education appropriate to his position. By placing such a vacancy on the labor exchange, employers indicate what skills they want to see in the applicant for the position and what requirements he must meet.

Documents supporting this requirement include:

• for employees who have received training as a contract manager at various seminars and the training time ranges from 72 to 100 hours, such a document will be a certificate of advanced training;
• for employees who have received more than 100 hours of training - a certificate of advanced training;
• if employees have been trained as a contract manager for more than 1000 hours, this is a diploma of professional retraining.

But do not forget that until a new educational standard is introduced, there are only recommendations to organizations providing training. Therefore, samples of issued documents confirming qualifications are introduced independently by educational institutions. Information about such institutions should be posted on their website. Particular attention should be paid to licenses for educational activities.

4. Professional standard for a contract manager under 44-FZ

Customers, guided by Article 9, Part 1 of the 44-FZ of the contract system, are obliged to take measures that will ensure its activities and the activities of a specialized organization and a contract manager under 44-FZ on a professional basis. To do this, the customer engages only those employees who have the necessary professional skills and special knowledge related to procurement activities or qualified specialists. And as already mentioned above, the customer provides an opportunity for such employees during their position to improve their level of knowledge about procurement activities, skills corresponding to their position and qualifications in the field public procurement.

Employees who will be trained as a contract manager are sent to a specialized institution of higher and secondary specialized education. Such training is comprehended in the form of lectures or courses, both full-time and part-time, which is becoming increasingly popular, as well as distance learning courses for advanced training, when an employee is not given much time for off-duty training as a contract manager. Such courses include theoretical and practical sessions for trainees. The employer only needs to provide an opportunity during the working day. Order of the Ministry of Education and Science of Russia N 499 dated July 01, 2013 gives an employee undergoing advanced training a minimum of 16 hours to undergo training, and if an employee is undergoing a professional retraining program - a minimum period of 250 hours.

The customer for the position of a contract manager can accept a new employee, transfer an existing employee to this position or offer him a combination of positions.

To determine the position of a contract manager under 44-FZ, it is best to refer to the Unified Qualification Directory for the Positions of Managers, Specialists and Other Employees, which contains the job titles and professional standards of a contract manager.

5. Professional standard "Specialist in the field of procurement"

This professional standard was approved on September 10, 2015 by order of the Ministry of Labor of Russia (N 625n).
According to this order, there are options for skill levels, 5,6,7 and 8, respectively. For the fifth level of qualification, possible names for vacancies are used: a) contract service worker; b) Senior Purchasing Specialist; c) procurement consultant; d) contract manager.
This may be a young specialist or a graduate of any university in any specialty, who does not have the work experience required by the customer corresponding to his position. He can make purchases.

In order to obtain the sixth level of qualification, the applicant for the position usually needs to provide documents on higher education, plus a document on additional education and three years of experience in procurement.
This level also has job titles: a) Procurement Consultant; b) Senior Purchasing Specialist; c) contract service worker; d) contract manager.

The seventh level of qualification imposes on the applicant the functions of examination of the results of procurement. This level requires employees to have higher education no less than a specialist and at least four years of experience in the field of procurement.

At the eighth level, an applicant for a vacancy is required to have a qualification that allows them to exercise control in the field of procurement and work experience of at least five years, and of which two years in leadership positions. The employee will already carry out audit and control in the field of procurement. In terms of education, it is no different from the seventh level.
Name of vacancies: a) adviser, manager; b) deputy head.

6. Professional standard "Expert in the field of procurement"

With regard to the professional standard "Expert in the field of procurement", the order of the Ministry of Labor of Russia (626n) dated September 10, 2015 applies. Employees who have passed the classification level of at least the sixth level can apply for an expert.
Job titles for Level 6: a) Senior Purchasing Specialist; b) procurement consultant; c) contract manager.
Job titles for the seventh level: contract manager, procurement expert,

Examples of job titles for the eighth level: deputy head or director, head or director, contract manager, head of the contract service. At this level, the incumbent should have at least two years of experience in leadership positions, but three years.

All examples of job titles are optional, as the employee is hired according to the staffing table. The main thing is that the position should imply the performance of functions that ensure the procurement activities of the customer. How to determine the length of service for an employer practical work in the field of procurement, when an employee worked part-time and combined his work with the work of CU? There is no requirement for continuity of service in the legislative plan, and experience is taken into account during the performance of the duties of the CG. For such an employee, employers amend the employment contract, develop a new job description for the contract manager, create an order to include them in the commission to summarize the results of the procurement procedures and conduct procurement process, etc. Such documents will confirm the length of service as a contract manager and it is recommended that such employees keep copies of them.

7. Job description for a contract manager under 44-FZ

So in 44-FZ and model provision there are no references to the fact that the job description should be mandatory and its absence threatens with fines, then the head of the customer himself can choose the document that will determine the functions of the employee holding this position and set out in it the rights and obligations associated with this vacancy. It is possible that the job descriptions of the contract manager may be indicated directly in the employment contract itself or in its amendments to it, but drawn up in accordance with the professional standard of the contract manager. But this option is not always convenient. Therefore, if it is more convenient for the customer to prescribe the job descriptions of the contract manager, then this document must be developed not for this employee, but for the position itself. unified form such an instruction has not been established, as well as requirements for the structure and content. But you can view examples and samples of the job description of a contract manager here. Since the contract manager under 44-FZ or an ordinary employee of the Constitutional Court is liable before the law, these persons may be fined or other measures of administrative responsibility may be applied to them.

8. Penalties and liability of the contract manager under 44-FZ

As already mentioned above in the job description of the contract manager under 44-FZ, in addition to the functions and duties, it is necessary to indicate the responsibility that the employee bears for their failure in accordance with part 5 of article 38 of the 44-FZ and article 232 of the Labor Code of the Russian Federation

The customer and his officials, violating the law, bear administrative and criminal liability (part 2 of article 12 and part 1 of article 107 of 44-FZ).
The statute of limitations for bringing to administrative responsibility for an offense is one year from the moment it was committed. And if the customer did not register the offense responsible for this in the job description, then the directors will be fined instead.

The job description specifies the scope of duties and work that a person holding a certain position must perform. Job description in accordance with All-Russian classifier management documentation, or OKUD, OK 011-93 (approved by the Decree of the State Standard of December 30, 1993 No. 299) is classified as documentation on the organizational and regulatory regulation of the organization's activities. The group of such documents, along with the job description, includes, in particular, the rules of internal work schedule, provision on structural unit, staffing.

Are job descriptions required?

The Labor Code of the Russian Federation does not oblige employers to draw up job descriptions. Indeed, in an employment contract with an employee, his labor function should always be disclosed (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications or the specific type of work assigned to him) (Article 57 of the Labor Code of the Russian Federation). Therefore, it is impossible to hold the employer liable for the lack of job descriptions.

At the same time, it is the job description that is usually the document in which the employee's labor function is specified. The instruction contains a list of the employee's job responsibilities, taking into account the peculiarities of the organization of production, labor and management, the rights of the employee and his responsibility (Rostrud Letter dated November 30, 2009 No. 3520-6-1). Moreover, the job description usually not only discloses the employee's labor function, but also provides qualification requirements, which are presented for the position held or the work performed (Letter of Rostrud dated November 24, 2008 No. 6234-TZ).

The presence of job descriptions simplifies the process of interaction between the employee and the employer on content issues labor function, the rights and obligations of the employee and the requirements imposed on him. That is, all those issues that often arise in relationships with both existing employees and newly hired employees, as well as with applicants for a certain position.

Rostrud believes that the job description is necessary in the interests of both the employer and the employee. After all, the presence of a job description will help (Letter of Rostrud dated 08/09/2007 No. 3042-6-0):

• objectively assess the performance of the employee during the period probationary period;
• justifiably refuse to hire (after all, the instructions may contain additional requirements related to business qualities employee);
• distribute labor functions among employees;
• temporarily transfer an employee to another job;
• evaluate the conscientiousness and completeness of the employee's performance of the labor function.

That is why the preparation of job descriptions in the organization is appropriate.

Such an instruction may be an appendix to the employment contract or be approved as an independent document.

How a job description is compiled

The job description is usually drawn up on the basis of qualification characteristics, which are contained in qualification directories (for example, in the Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of August 21, 1998 No. 37).

For employees who are hired according to the professions of workers, to determine their labor function, unified tariff and qualification reference books of work and professions of workers in the relevant industries are used. Instructions developed on the basis of such reference books are usually called production instructions. However, in order to unify and simplify internal documentation in an organization, instructions for working professions are often also referred to as job descriptions.

Since the job description is an internal organizational and administrative document, the employer is obliged to familiarize the employee with it against signature when hiring him (before signing employment contract) (part 3 of article 68 of the Labor Code of the Russian Federation).

Job responsibilities of a contract manager under 44-FZ

Here is a sample job description for a contract manager.

Purchases of state and municipal customers must be carried out by professionals - these are the requirements of Law 44-FZ. The organization must have a contract service or one specialist is hired - contract manager. The duties of the manager are prescribed in a separate document - the job description.

How to form a service

If the purchase volume of the customer does not exceed 100 million rubles, you can get by with a contract manager. Otherwise, it is necessary to form a full-fledged contract service. It is necessary to develop a regulation on contract service, a sample of which is contained in the order of the Ministry of Economic Development of October 29, 2013 No. 631.

The customer can hire a manager in different ways:

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:

1. Take on the job from the side and conclude an employment contract with him.
2. Transfer an employee to this position from among those who already work for the customer and meet the criteria. He must first undergo professional training.
3. Hire an existing employee on a part-time basis(half-time).

Regardless of the choice of option, the customer's manager must issue order appointing a contract manager and approve it job description. In addition, you will have to change the staffing table - add the appropriate position there.

Manager functions

What should a contract manager do? The list of its functions is given in the law. These include the following:

1. Formation, modification and publication.
2. Preparation of notices and procurement documentation, as well as invitations to closed procedures.
3. Participation in the procedure, including the conclusion of the contract.
4. Consulting suppliers and contractors.
5. Participation in disputes related to the purchase, determination of the supplier.

Requirements for employees who are responsible for public procurement are contained in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. The specialist must have knowledge and experience in the field of procurement. He must know not only the law 44-FZ, but also be familiar with civil, budgetary and other codes and laws. The specialist must be able to draw up documents and evaluate applications, know the intricacies of procurement planning and work with electronic platforms.

What to include in a job description

The job description of the contract manager is an internal document of the customer, which defines the requirements for him, his duties and rights. It shows what exactly is included in the area of ​​responsibility of the manager and what powers are given to him.

The instruction consists of several sections - their contents are presented in the following table. And at the end of the article is a sample job description for a contract manager.

Table. Sections of the job description of a contract manager

Job Description Sample Page 1

Job Description Sample Page 2

Who is a contract manager, what are his rights and obligations? This article will provide answers to all these questions.

Who is that?

Trade is one of the most ancient directions in society. The most important element of trade is advertising and promotion of goods. The specialist in question is just engaged in attracting buyers and customers, advertises products and performs many other executive functions.

It should be noted that the profession of a contract manager is constantly being improved and modernized. It would not be so easy for the specialists in question to carry out the same functions for many years. In connection with the development of Internet technologies and the emergence of new means of promotion, the presented workers have to constantly improve their skills and learn something new in their field.

Requirements for a contract manager

A specialist in the field of contract management must have a very voluminous amount of knowledge, skills, abilities and functions.

That is why there are quite high requirements for the employee in question. What exactly can be highlighted here? Here is what is fixed by a special document called a job description:

• The employee must have almost perfect command of all the necessary Internet skills; it is necessary for effective management network technologies.
• The specialist must have excellent communication and organizational skills. The fact is that constant work with clients requires the ability to competently build your speech and conduct negotiations with high quality.
• The employee must have the skill of persuasion. This is probably one of the most important criteria. Such a specialist as a contract manager must not only prove to the consumer the need to purchase products, but also really convince the client. This can be done through subtle psychological techniques. It is precisely these techniques that a contract manager should have.

Thus, a fairly large number of requirements are presented to the employee in question. What can you say about the knowledge required for the job?

Knowledge required for work

A contract manager is a very competent, intelligent and even somewhat cunning specialist. Naturally, it will be possible to get the profession in question only if you have certain knowledge and skills. What can be said about the employee's knowledge?

Here's what the specialist's instructions fix:

• all the main laws and regulations of the Russian Federation (their full list is presented in the job description);
• basics of trade management;
• knowledge of attracting customers and buyers;
• fundamentals of market economy analysis and market trends;
• basics of advertising promotion;
• fundamentals of credit and payment policy;
• and some other points.

All the knowledge necessary for work, listed above, can be obtained in higher educational institutions. What can you tell us about training as a contract manager?

Contract manager: professional training

Training for the profession of a contract manager is carried out according to a special training course, which is called the field of procurement. This professional standard includes several training options.

So, the position of a specialist in the field of procurement implies the presence of an average vocational education and additional professional development. There are many different options here. There is a large number educational organizations who are ready to offer their services in training for the specialty in question.

The situation is quite different with experts. So, an expert in the field of procurement (namely, a contract manager also has such a status) must already have a higher education and a certain work experience.

It will not be so easy to single out certain universities where there is an opportunity to study the profession in question. It should be noted, however, that almost any educational institution, which provides the opportunity to study in economics or marketing, will provide an opportunity to obtain a diploma for the profession in question.

Responsibilities of a contract manager

The specialist in question has a fairly voluminous range of functions and responsibilities. What exactly can be highlighted here? What is prescribed special instructions contract manager? Here are the most basic and important points:

• Conduct of negotiations. This includes negotiating with clients (buyers and customers) and management.
• Preparation of all necessary documentation. Without working with documentation, the specialist in question is no longer a contract manager. A sample of goods and its nomenclature, the results of negotiations, the conclusion of transactions - all this is necessarily recorded by the employee in special documents.
• Demonstration of manufactured products. This is one of the most important duties of a specialist. Holding effective presentation is an essential element of a quality advertising company.

Far from all the functions that the specialist in question is obliged to carry out were named above.

Employee Rights

Appointing a contract manager to work involves giving a specialist not only extensive functions and responsibilities, but also a number of professional rights.

What exactly can be highlighted here?

• The right to propose new ideas and plans to improve the organization to management.
• The right to timely payment of salaries and all social guarantees.
• The right to involve, with the permission of the authorities, third-party specialists to assist in labor activity, some other points.

A complete list of the professional rights of an employee is enshrined in a special job description.

On employee liability

If the contract manager allows himself obvious violations in the workplace, the employee may be subject to disciplinary, administrative or criminal liability.

Everything in this case will depend on how serious the act will be. So, we can highlight the following main points for which the employee can be held responsible:

• refusal to perform their official duties;
• causing material harm to the organization;
• presence at the workplace in a state of drug or alcohol intoxication;
• commission of an offense or crime in the workplace.

The last point is worth highlighting separately. It is not uncommon for procurement professionals to violate trade, customs, or other laws for their own benefit. In this case, fines or other forms of sanctions may be imposed on the entire enterprise.

Thus, the job description of a contract manager fixes all the most basic types of acts for which an employee can be held responsible.

Worker career

As mentioned above, a specialist in the field of trade is obliged to constantly improve his professional skills and strengthen existing knowledge. In addition, the contract manager must be a respectable, law-abiding and conscientious specialist who truly loves his job.

It is on this that the career of a specialist will depend.

Due to the prospects and prestige of the profession in question, workers in the field of trade can truly prove themselves as high-quality and effective specialists. In this case, everything will depend only on the initiative and activity of professionals.

The work of a contract manager is regulated by a job description. This is a document that is accepted at the enterprise before the appointment of a specialist. What are the requirements for the job description of a contract manager under 44-FZ, read in the article.

Functions of a contract manager in the job description

Among other things, the job description of the contract manager spells out the functions of this specialist. They are copied into the document from Art. 38 of Law No. 44-FZ. So, the specialist must:

• create plans and schedules for procurement, change them if necessary, publish documents in the EIS;
• prepare notices and place them in the EIS along with other procurement documentation, invite potential suppliers to participate in closed procedures;
• directly enter into contracts with the winners;
• take part in the consideration of cases on disputes related to procurement, the results of determining the supplier, conduct claims work;
• advise suppliers.

The professional standard for a contract manager and contract service specialists is prescribed in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n - namely, it says with what knowledge and skills certain functions can be performed. It is important to follow this.

If the level of education or experience of a specialist is not enough, the number of his functions should be limited. For example, if the duties of the bankruptcy trustee under 44-FZ include monitoring compliance with the terms of the contract, four years of experience will be required, as well as knowledge of the provisions of civil, land, budget, labor codes, antitrust laws.

Sample 2019

The job description of a contract manager is an internal document of an enterprise engaged in public procurement. It contains requirements for the employee, his duties, rights, responsibilities. Please note: if you transferred a specialist to the position of a contract manager or he combines two positions, a separate job description of the contract manager is required. You will also have to make changes to the work schedule.

What parts does it include:

• general provisions. It indicates the procedure for the appointment of a specialist, as well as his dismissal, general information about the position, requirements for the employee;
• functions;
• responsibilities. Lists all actions that are required from the employee;
• rights. It is prescribed what the manager is entitled to within the framework of his position;
• a responsibility- what threatens the employee in case of violations;
• final provisions. Here are links to professional standards, which are taken as the basis of the document, as well as the procedure for making changes.

In addition to the job description of the contract manager, the company must issue a regulation. These two documents largely overlap, but the law requires both. See the order of the Ministry of Economic Development of October 29, 2013 No. 631 for a sample provision.

Arbitrage practice

Let's give an interesting example from judicial practice, which will answer the question: can a state institution purchase the services of a contract manager without hiring him on the staff?

The customer purchased services in the field of 4 public procurement and supply of the FGKU "Administration of the Northern Sea Route". Simply put, the services of a contract manager were purchased. As stated in the terms of reference, the customer empowers the contractor's specialist with the powers of a contract manager by issuing an appropriate order. One of the participants did not like the procurement documentation. In particular, he was dissatisfied with the discrepancy between the OKPD2 code chosen by the customer and the subject of the contract and the lack of scope of services.

The participant sent a complaint to the Moscow OFAS. The antimonopoly body refused to satisfy it, not finding violations of the requirements of the Law on the contract system in the field of procurement in the actions of the customer. The participant went to court.

The court recalled that only an employee of the customer can be a contract manager and an employee of a contract service. This is confirmed by the legal position of the Ministry of Economic Development in a letter of November 10, 2016 No. D28i-2996, as well as the Ministry of Finance in a letter of November 7, 2017 No. 24-01-09 / 73185. As follows from the terms of reference for the provision of services, the contractor assigns at least one specialist to the customer. And the customer, in turn, empowers him with the powers of a contract manager by issuing an appropriate order. In this case, the customer has the right, by proxy, to empower the contractor's specialist with the authority to sign contracts with suppliers.

At the same time, neither 44-FZ nor the Budget Code allows for the possibility of performing actions for the intended use of funds by someone other than the customer. Thus, contrary to the findings antimonopoly body, only an employee of the customer can be a contract manager. Inclusion in tender documentation provisions that do not meet the requirements of the articles of the Law on the contract system, in itself is an action that restricts competition.

It is curious that the first two courts to which the participant applied supported the OFAS and rejected the claims. However, the appeal did not agree with them. The courts literally understood Part 1 of Article 40 of Law No. 44-FZ, which implies the need for the customer to select a specialized organization through a tender or auction. Also, the courts misunderstood the phrases “including for the development”, “other functions related to ensuring the determination of the supplier (contractor, performer)”. They concluded that third-party specialists can exercise the powers of the manager.

As a result, the Decree Arbitration Court of the Moscow District dated May 25, 2018 in case No. A40-142271 / 2017, the decisions of the lower courts were canceled. The decision of the Office of the Federal Antimonopoly Service for the city of Moscow was declared invalid.

Attached files

• Contract manager job description.docx
• Order on approval of the job description.docx
• Order to change the job description.docx
• Job regulations of the contract manager of the municipal customer.docx
• Job regulations of the contract manager of the state customer.docx
• Regulations on the contract service.docx