Education requirements according to 44 Federal Laws. Contract manager. Sample regulations on the creation of a contract service

In accordance with Part 23 of Article of Law No. 112 “On the Contract System”, a contract service employee or contract manager can be a person who has any higher education or additional professional education in the field of placing orders.

From this article you will learn:

what do customers require from a contract manager;
what education should a contract service employee have;
what responsibilities arise for the contract manager in accordance with the regulations on the contract service of the institution;
regulations (regulations) on the contract service of the institution;
retraining of contract managers.

Sometimes customers misunderstand this thesis. After all, the law literally says that any higher education is theoretically suitable. Whether it is a technical, economic, or humanitarian education, a person can go to work in a contract service. In reality, it turns out completely differently. The contract manager must have a higher education, but it must be accompanied by additional education specifically in the field of public procurement.

There is a joint letter from the Ministry of Economy and the Ministry of Education, which recommends a minimum period for mastering programs, regardless of the technologies used, of at least 108 hours, except for the cases described in paragraph 2.4 of the guidelines.

This paragraph refers to programs for the purpose of training the head of the customer organization. For them, the minimum training period for such programs can be reduced to 40 hours. Thus, for most employees, advanced training must be at least 108 hours.

What do customers require from a contract manager?

Let's give a specific example of a vacancy that was found on the Internet. The vacancy is located in Moscow. In this regard, naturally, the income is from 46 thousand rubles. Let's consider what requirements are imposed on contract managers. The candidate must have 3 to 6 years of work experience, as well as higher education.

The list of job responsibilities of a contract manager may vary, but for a specific customer it is as follows:

work on organizing government procurement, competitions, auctions in electronic form, requests for quotes, purchases through an electronic store, work in EAIST 1, EAIST 2 of Moscow, the “Register of Contracts” subsystem;
determination of justifications for the initial and maximum contract prices;
full documentation, provision of contracts, work with suppliers.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get an electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

Regulations (regulations) on the contract service of the institution

The contract service operates in accordance with the regulations, which are developed and approved on the basis of a standard provision, and it, in turn, is approved by the federal executive body for regulating the contract service. In addition to the order on the contract service, the customer is obliged to approve the order on the work status of the contract service based on the standard regulations. The responsibilities of contract service employees are listed in Article 38 of Law 44-FZ. The regulations (regulations) establish the procedure for forming a contract service, the powers of the contract service and the responsibilities of contract service employees.

According to the established order of the Ministry of Economy, there is only one reservation regarding the membership of the contract service. The regulations on the contract service of the customer may establish that employees of the contract service cannot be members of the procurement commission. It turns out to be a kind of contradiction, a collision.

on preparing minutes of meetings of the procurement commission based on decisions made by members of the procurement commission;
implementation of organizational and technical support for the activities of the procurement commission, including ensuring verification of information about the procurement participant;
ensuring the safety of envelopes with applications for participation in procurement;
security, integrity and confidentiality of applications for participation in procurement submitted in the form of electronic documents;
ensuring consideration of the content of applications after opening the envelope with applications or opening access in the form of electronic documents in applications for participation.

In fact, the same responsibilities lie with the members of the procurement commission. From the point of view of experts and specialists in public procurement, it is impossible to exclude the majority of members of the procurement commission from the contract service. In any case, all the above functions that are installed here are retained.

The regulations on the contract service may determine the procedure for interaction of the contract service with other departments of the customer.

Get qualified expert help in System "Government Order"

This is a group of customer officials who work in the field of government procurement and perform on an ongoing basis the functions of carrying out all government procurement (Parts 1 and 4 of Article 38 of Law No. 44-FZ). Such a service must have a director.

A contract service is created if the total annual volume of orders, in accordance with, exceeds 100 million rubles (Part 1 of Article 38 of 44-FZ). Customers with a small annual volume of government procurement are not required to create an entire service. If it is absent and the total annual volume of orders does not exceed 100 million rubles, it is necessary to appoint only one specialist to manage public procurement.

What does a contract manager do?

One service employee may be assigned only part of the procurement responsibilities, such as planning. And the responsibilities of a contract manager under 44-FZ cannot be distributed among several specialists depending on the stage of the procurement; all of them are performed by one specialist from the beginning of planning the order until the execution of the contract under it.

The functions of purchasers can only be assigned to employees who have an employment or official relationship with the customer, and also have professional education in this field.

Documents that regulate activities

In their activities, contract managers are guided by the Constitution of the Russian Federation, civil and budget legislation, regulatory legal acts, regulations (regulations) on the contract service of the customer-employer. The general requirements are determined by Law No. 44-FZ and the Model Regulations (regulations), which were approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

The form for making a decision on the creation of a service is not established by Law No. 44-FZ. In practice, it is formalized by order of the management of the customer organization. Also, the customer’s manager is obliged to develop and approve his own regulations (regulations) based on the Model Regulations.

The legislation does not oblige the approval of any documents that will regulate the activities of the procurement manager. There are no recommended forms for use yet. For example, a standard job description for a contract manager of a budget institution has not been developed.

When hiring an employee who will be assigned the responsibilities of a manager on an ongoing basis, or when assigning such duties to an employee who has not previously performed them, the customer must define the functions and powers of the employee in the employment contract, job description or regulations.

Sample regulations on the creation of a contract service

Sample order for the appointment of a manager

Job responsibilities

Both the service and the contract manager for public procurement organize the entire cycle of public procurement: from planning to the fulfillment of all obligations under the contract, including payment for goods, services rendered, and work performed.

Let's look at the main job responsibilities that are established by the law on the federal contract system (part 4 of article 38 44-FZ) and Model Regulation No. 631 (clauses 11, 13).

When planning procurement, responsible contract specialists of the customer:

develop planning documentation (procurement plan and schedule), and prepare changes to them (if necessary);
place the procurement plan, schedule and changes made in the Unified Information System;
prepare documentary justification for procurement;
conduct and take part in consultations with suppliers to further determine the state of the competitive environment in the markets for goods, works, services, select the best technologies and optimal solutions to meet the customer’s needs.

When organizing procurement, contract specialists are responsible for:

development and placement of notices, procurement documentation and draft contracts in the Unified Information System;
generation and distribution of invitations to participate in the selection of suppliers through closed means;
calculation and justification of the NMCC;
organization of mandatory public discussion of procurement;
ensuring the work of the procurement commission;
involvement of expert organizations and individual experts.

When conducting procurement, persons responsible for procurement:

directly carry out procurement and further conclusion of contracts;
study bank guarantees;
take part in the consideration of cases of appealing the results of procurement procedures.

In the process of concluding and executing contracts, contract specialists of the customer are obliged to:

ensure the conclusion of the contract;
organize the acceptance of goods or results of work performed, services provided, including individual stages;
authorize the examination;
create an acceptance committee;
ensure payment to the supplier.

In case of change and termination of the contract, the manager or employees of the contract service:

contact the performer;
include information about an unscrupulous supplier in the RNP;
send demands to the contractor for payment of penalties;
organize payment under a bank guarantee;
ensure the collection of all necessary materials for further claims work.

As you can see, the list is not closed and can be expanded and supplemented based on the needs of the customer. The functions in the preparation and implementation of procurement are listed in more detail in the Standard Regulations.

If a contract manager is appointed in an organization, job responsibilities are assigned to such an employee both in accordance with the position he occupies and in accordance with his appointment to this position.

Example of a job description

Responsibility

The responsibility of the contract manager and contract service employees is specified in Part 1 of Art. 107 No. 44-FZ. All employees involved in the procurement process of the customer organization bear the following types of liability for offenses committed:

administrative;
disciplinary;
civil law;
criminal.

If the regulatory authorities, during inspections or work on a complaint, identify significant violations of the legislation regulating public procurement, then a case of administrative offense may be opened against the responsible employees (Clause 1, Part 22, Article 99 of Law No. 44). Such workers will be fined as officials (Articles 7.29-7.32, 7.32.5, Parts 7 and 7.1, Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation).

In this case, the customer can receive:

submission on eliminating the causes and conditions for the commission of administrative offenses (clause 1, part 22, article 99 44-FZ, article 29.13 of the Code of Administrative Offenses of the Russian Federation);
an order to eliminate violations, mandatory for execution (clause 2, part 22, article 99).

Persons responsible for procurement bear disciplinary liability in case of violation of the current legislation of the Russian Federation and improper performance of their duties. At the same time, Law No. 44 does not contain direct instructions on the procedure for bringing this group of people to disciplinary action. Therefore, if the need for punishment arises, the customer must be guided by the current labor legislation.

Also, the law on the federal contract service does not specify regulations on bringing procurement service employees to civil liability. The procedure for enforcing the norms of such liability occurs in accordance with general principles.

There is the following rule: if the customer organization compensated third parties for harm caused by unlawful actions by employees of procurement services (Article 1068 of the Civil Code of the Russian Federation), then such a customer has the right to make a return claim against the violators (Clause 1 of Article 1081 of the Civil Code of the Russian Federation).

Criminal liability arises if such an employee commits dangerous and illegal acts, as well as abuses his powers in the field of public procurement (Article 200.4 of the Criminal Code of the Russian Federation).

What has changed since 01/01/2019

The year 2019 did not bring the need to develop a regulation on the contract manager. For the appointment, the decision of the customer is still sufficient: an order or instruction to appoint an employee as a manager with the assignment to him of the functions that are established by the requirements of Part 4 of Art. 38 of Law No. 44-FZ.

From January 1, 2019, the contract manager can no longer be absolutely any person working in the customer organization. Service employees and contract managers must have higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient.

Added to the site:

1. General Provisions

1.1. This regulation on the contract manager (hereinafter - the Regulation) was developed in accordance with the requirements 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" (hereinafter - the Federal law) and establishes the rules for organizing the activities of a contract manager when planning and implementing procurement of goods, works, and services to meet state/municipal needs.

1.2. The contract manager is appointed to ensure the planning and implementation of [name of the state/municipal customer] (hereinafter referred to as the Customer) of the procurement of goods, works, services to meet state/municipal needs (hereinafter referred to as the procurement).

1.3. If the total annual volume of purchases in accordance with the procurement plan (hereinafter referred to as the schedule) exceeds 100 million rubles, the Customer creates a contract service. If the total annual volume of purchases in accordance with the procurement plan does not exceed 100 million rubles, then the Customer appoints a contract manager.

1.4. The contract manager in his activities is guided by the Constitution of the Russian Federation, Federal Law, civil legislation of the Russian Federation, 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 these Regulations, other regulatory legal acts of the Russian Federation.

1.5. The basic principles for the appointment and functioning of a contract manager when planning and implementing procurement are:

1.5.1. attracting qualified specialists with theoretical and practical knowledge and skills in the field of procurement;

1.5.2. free access to information about the actions taken by the contract manager aimed at meeting state/municipal needs, including methods of procurement and their results;

1.5.3. concluding contracts on terms that ensure the most effective achievement of specified results in meeting state/municipal needs;

1.5.4. achievement by the Customer of the specified results in meeting state/municipal needs.

1.6. The Contract Manager is appointed by the Customer as the person responsible for procurement, including the execution of each contract.

1.7. The contract manager must have a higher education or additional professional education in the field of procurement.

2. Functional responsibilities of the contract manager

2.1. The functional responsibilities of the contract manager are:

2.1.1. Procurement planning.

2.1.2. 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/municipal needs.

2.1.3. Justification for procurement.

2.1.4. Justification of the initial (maximum) contract price.

2.1.5. Mandatory public discussion of procurement.

2.1.6. Organizational and technical support for the activities of procurement commissions.

2.1.7. Involving experts and expert organizations.

2.1.8. 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.

2.1.9. Preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways.

2.1.10. Review of bank guarantees and organization of payment of sums of money under a bank guarantee.

2.1.11. Organization of contract conclusion.

2.1.12. 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 contract execution) provided for by the contract, including carrying out an examination of the delivered goods in accordance with the Federal Law, results of work performed, services provided, as well as individual stages of contract execution, ensuring the creation of an acceptance committee.

2.1.13. Organization of payment for goods delivered, work performed (its results), services provided, individual stages of contract execution.

2.1.14. Interaction with the supplier (contractor, performer) when changing or terminating the contract.

2.1.15. Organization of inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer).

2.1.16. Sending a request to the supplier (contractor, performer) to pay penalties (fines, penalties).

2.1.17. Participation in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and preparation of materials for carrying out claim work.

2.2. [Indicate the procedure for the contract manager to exercise his powers, as well as the procedure for the interaction of the contract manager with other divisions of the Customer, the procurement commission].

3. Functions and powers of the contract manager

3.1. The contract manager performs the following functions and powers:

3.1.1. When planning purchases:

A) develops a procurement plan, prepares changes for inclusion in the procurement plan, places the procurement plan and changes made to it in a unified information system;

B) places procurement plans on the Customer’s websites on the Internet information and telecommunications network (if available), and also publishes them in any printed publications in accordance with Part 10 of Article 17 of the Federal Law;

C) ensures the preparation of justification for the purchase when forming a procurement plan;

D) develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in a unified information system;

D) organizes approval of the procurement plan and schedule;

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

3.1.2. When determining suppliers (contractors, performers):

A) chooses the method of determining the supplier (contractor, performer);

B) clarifies, as part of the price justification, the contract price and its justification in notices of procurement, invitations to take part in identifying suppliers (contractors, performers) by closed means, tender documentation, auction documentation;

C) clarifies, as part of the price justification, the price of the contract concluded with a single supplier (contractor, performer);

D) prepares notices of procurement, procurement documentation (except for the description of the procurement object), draft contracts, changes to notices of procurement, procurement documentation, invitations to participate in identifying suppliers (contractors, performers) by closed means;

D) prepares minutes of meetings of procurement commissions on the basis of decisions made by members of the procurement commission;

E) organizes 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 ensuring verification of:

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

Failure to liquidate the procurement participant - a legal entity and the absence of a decision of the arbitration court to recognize the procurement participant - a legal entity or individual entrepreneur as insolvent (bankrupt) and to open bankruptcy proceedings;

Failure to suspend the activities of a procurement participant in the manner established by the Code of the Russian Federation on Administrative Offenses on the date of filing an application for participation in the procurement;

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

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 performing the functions of the sole executive body of the procurement participant;

The procurement participant - an individual or the manager, members of the collegial executive body or chief accountant of the legal entity - the procurement participant - does not have a criminal record for crimes in the economic sphere;

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;

3) ensures the involvement of a specialized organization on the basis of a contract to perform certain functions as determined by the supplier;

I) ensures that institutions and enterprises of the penal system, organizations of disabled people are provided with advantages in relation to the contract price they offer;

K) ensures 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 prior to the commissioning of the said system on the official website of the Russian Federation on the information and telecommunications network "Internet" for posting 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 Federal Law;

M) publishes a notice of procurement in any media or places this notice on websites on the Internet, provided that such publication or placement is carried out along with the placement provided for by Federal Law;

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

O) ensures the safety of envelopes with applications for participation in procurement, security, integrity and confidentiality of applications for participation in procurement submitted in the form of electronic documents and ensures consideration of the contents of applications for participation in procurement only after opening envelopes with applications for participation in procurement or opening access to applications for participation in procurement submitted in the form of electronic documents;

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

C) ensures audio recording of the opening of envelopes with applications for participation in procurement and (or) opening of access to applications for participation in procurement submitted in the form of electronic documents;

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

U) attracts experts, expert organizations;

F) ensures coordination of the use of closed methods for identifying 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;

X) ensures the sending of the necessary documents for concluding a contract with a single supplier (contractor, performer) based on the results of failed procedures for identifying a supplier in cases established by Federal Law to the relevant authorities specified in paragraph 25 of part 1 of Article 93 of the Federal Law;

C) substantiates in a documented report the impossibility or inappropriateness of using other methods of determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract in the case of a purchase from a single supplier (contractor, performer) for concluding a contract;

h) ensures the conclusion of contracts;

Ш) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who have evaded concluding contracts.

3.1.3. When executing, changing or terminating a contract:

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

B) organizes payment for goods supplied, work performed (its results), services provided, as well as individual stages of contract execution;

C) interacts with the supplier (contractor, performer) when changing or terminating the contract, applies liability measures, including sending the supplier (contractor, performer) a requirement to pay penalties (fines, penalties) in case of delay in fulfillment of obligations by the supplier (contractor, performer) (including the warranty obligation) provided for 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, takes other actions in the event of a violation by the supplier (contractor, performer) of the terms of the contract;

D) organizes an examination of the goods supplied, work performed, services rendered, attracts experts and expert organizations;

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

E) prepares a document on acceptance of the results of a separate stage of contract execution, as well as the goods delivered, 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 on the information and telecommunications network "Internet" for posting information on placing 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 intermediate and final deadlines for the execution of the contract, on improper execution of the contract (indicating the violations committed) or on non-fulfillment of the contract and on sanctions applied in connection with violation of the terms of the contract or its non-fulfillment, on changes or termination of the contract during its execution, information about changes to 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 due to the Customer’s unilateral refusal to fulfill the contract;

I) compiles and posts in a unified information system a report on the volume of purchases from small businesses and socially oriented non-profit organizations.

3.2. The contract manager exercises other powers provided for by 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/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 for inclusion in procurement plans, schedules, procurement documentation or ensures cancellation of the procurement;

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

4) participates in the consideration of cases of appealing the actions (inaction) of the Customer, including appealing the results of identifying suppliers (contractors, performers), and prepares materials for carrying out claim work;

5) develops draft contracts, including standard contracts of the Customer, standard terms of contracts of the Customer;

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

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

8) organizes the payment of sums of money under a bank guarantee in cases provided for by Federal Law;

9) organizes the return of funds contributed as security for the execution of applications or security for the execution of contracts.

3.3. In order to implement the functions and powers specified in clauses 3.1, 3.2 of these Regulations, the contract manager is obliged to comply with the obligations and requirements established by Federal Law, including:

1) not to allow the disclosure of information that became known to him during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by the legislation of the Russian Federation;

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

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

3.4. When centralizing procurement in accordance with Article 26 of the Federal Law, the contract manager exercises the functions and powers provided for in paragraphs 3.1, 3.2 of these Regulations and not transferred to the relevant authorized body, authorized institution, which exercise the authority to determine suppliers (contractors, performers).

4. Responsibility of the contract manager

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

One of the requirements of Federal Law No. 44-FZ is the creation of a contract service or the appointment of a contract manager. Let’s try to understand what the contract service does and why the customer needs the commission in our article.

Creation of a contract service

Contract service- this is rather an assigned functionality than the name of the department that carries out procurement for state and municipal needs. The contract service operates on the basis of the formalized Regulations on the Contract Service (Regulations), which is developed on the basis of the Model Regulations on the Contract Service, approved by Order of the Ministry of Economic Development No. 631 of October 29, 2013.

The customer's contract service is created if the total annual volume of purchases, in accordance with the schedule, exceeds 100 million rubles (Part 1 of Article 38 of 44-FZ). If the customer does not have a contract service and with the customer’s total annual purchase volume does not exceed 100 million rubles, assigned to contract manager (part 2 of article 38 44-FZ).

It is not necessary to create a special structural unit: a contract service can work without creating one (Part 1, Article 38 of Law No. 44-FZ). In the latter case, the customer must approve the permanent composition of employees performing the functions of the contract service (clause 2, clause 6 of the Model Regulations).

Online course for contract managers, contract service specialists and purchasing commissions. An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”.

Question: Can one customer create several contract services?

Answer: Law No. 44-FZ, as well as Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631, does not provide for the customer’s right to create several contract services. Therefore, the customer does not have the right to create several contract services.

Composition of the customer's contract service

The customer must independently approve the structure and determine the number of employees of the contract service, taking into account that it cannot consist of less than two people (clause 7 of the Model Regulations).

Regardless of the form in which the contract service is created, the customer must appoint its head (clause 9 of the Model Regulations). If a contract service is created in the form of a separate structural unit, it is headed by the head of this unit. The contract service without the formation of a separate unit is headed by the head of the customer or one of his deputies.

Important! If the inclusion of individual employees in the contract service is associated with a change or expansion of their labor function, and, consequently, with a change in the employment contract, then such inclusion can only be carried out with the consent of these employees and subject to appropriate changes being made to their job descriptions.

Question: Does the customer have the right to include a person in the contract service (appoint him as a contract manager) on the basis of a civil law agreement (civil agreement)?

Answer: No, you have no right. According to Part 2 of Art. 38 of Law No. 44-FZ, only an official of the customer can be a contract manager. That is, the functions of contract service employees cannot be assigned to persons who do not have an employment or official relationship with the customer. The Ministry of Economic Development of Russia agrees with this opinion in Letter No. OG-D28-834 dated January 31, 2014.

Education requirements for contract service employees

Ministry of Economic Development of Russia in P letter dated 08.11.2013 No. OG-D28-15539 explained that pAfter January 1, 2017, all contract service employees will have to have either a higher education (without taking into account the profile) or additional professional education in the field of procurement ( Letters Ministry of Economic Development of Russia dated 04/06/2016 No. D28i-841,dated May 13, 2016 No. D28i-1220). In the joint letter of the Ministry of Economic Development of Russia No. 5594-EE/D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated March 12, 2015 “On the direction of methodological recommendations,” there is a recommendation to establish a minimum period for mastering additional professional programs, regardless of the training technologies used, of at least 108 hours ( clause 2.3 of the Methodological Recommendations).

Requirements for the level of education of members of the procurement commission are less stringent.The commission for procurement by the customer includes:

persons who have undergone professional retraining or advanced training in the field of procurement,
persons with special knowledge related to the procurement object.

That is, the customer may include in the procurement commission persons who do not have higher education or additional professional education specifically in the field of procurement, but having special knowledge related to the procurement object ( Letters Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070, clause 1 letter from the Ministry of Economic Development of Russia dated May 22, 2014 N D28i-777).
The issue of the need for training and advanced training of employees is decided by the customer independently (LetterMinistry of Economic Development of Russia dated April 29, 2016 No. D28i-1129).
The document confirming the presence of professional education (secondary or higher) is a diploma, and the improvement or assignment of qualifications based on the results of additional professional education is confirmed by a certificate of advanced training or a diploma of professional retraining (Part 7, Part 10 of Article 60 of the Education Law) .

Order on the creation of a customer contract service

The organization decided to create a contract service. The form for making such a decision is not established by Law No. 44-FZ. As a rule, it is issued in the form of an order: in any form, on paper.

What must be indicated in the order:

last name, first name, patronymic, position of the head of the contract service;
the structural unit that is entrusted with the functions of the contract service, or the surnames, first names, patronymics, positions of contract service employees;
the period for the preparation by the head of the contract service of documents (job regulations, instructions, etc.) defining the job responsibilities and personal responsibilities of contract service employees (clause 10 of the Model Regulations).

Who composes: authorized official.

Who claims: the customer's manager or his authorized representative.

Approval period: no later than the beginning of the financial year in which the total annual volume of purchases (AGV) of the customer exceeds 100 million rubles. If the SGOZ exceeds the specified amount as a result of the approval of additional amounts of financing to the customer, no later than the date the relevant decision is communicated to him (Part 1, Article 38 of Law No. 44-FZ).

What does the contract service and contract manager do?

The contract service organizes the entire procurement cycle for the customer’s needs: from planning to the fulfillment of all obligations under the contract, including payment for goods supplied, services rendered, and work performed.

At the procurement planning stage, the contract service (contract manager) develops a procurement plan, procurement schedule, makes changes, and places documentation in the Unified Information System. In addition, the contract service ensures the preparation of procurement justification, determines and justifies the NMC, and the prices of the contract concluded with a single supplier.

Functions of the contract service when determining suppliers:

choosing a method, clarifying the NMC, organizing the preparation of a description of the procurement object;
preparation of notices, documentation, draft contracts, minutes of commission meetings;
organizational and technical support for the activities of commissions;
ensuring the provision of benefits to the penal system and organizations of the disabled, procurement from small businesses and socially oriented non-profit organizations (SMP and SONO);
clarification of the provisions of the documentation;
ensuring the safety of envelopes, ensuring audio recordings, storing documents;
ensuring agreement with a single supplier;
ensuring the conclusion of contracts, inclusion of evading procurement participants in the RNP.

When executing, changing, or terminating a contract, the contract service is engaged in:

acceptance of goods, works, services (GWS), organization of payment and examination of GWS;
interaction with the supplier when changing or terminating the contract, applying liability measures, including inclusion in the RNP;
posting a report on the execution of the contract in the Unified Information System; compiling and posting in the Unified Information System a report on the volume of purchases from SMP and SONO;
organizes consultations with suppliers, as well as mandatory public discussion of procurement;
participates in the discussion of requirements for certain types of GWS and regulatory costs;
develops draft contracts, including standard ones;
checks bank guarantees and informs about refusal to accept the guarantee; organizes the payment of funds under a bank guarantee;
organizes the return of funds deposited as security.

Customer commissions

For the procedure for identifying suppliers, the customer creates a procurement commission - this is a body working on a collegial basis, which is created by the customer to identify suppliers if procurement is carried out by competitive means.

Please note that to make a purchase from a single supplier, it is not necessary to create a commission (Part 1, Article 39 of the 44-FZ).

According to current legislation, the customer has the right to create a commission both to conduct a specific purchase and to determine the supplier in one of the ways, as well as to carry out all purchases regardless of the method of determining the supplier (single commission).

Law 44-FZ limits only the minimum number of commission members, while their maximum number is not limited. Requirements for the minimum number of commission members: at least five people for competitive, auction, single commissions, at least three people for other commissions.

The customer includes in the commission primarily persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object (Part 5 of Article 39 of the 44-FZ) - that is, the majority of the commission members must have knowledge and experience in procurement.

If the planned purchases do not have specific specifics, and the participation of certain specialists in the work of the commission is not required, it is recommended to create a single commission to carry out all purchases, regardless of the object of purchase and the method of determining the supplier.

Online course for contract managers, contract service specialists and purchasing commissions.

Like any industry that requires appropriate qualifications, the Federal Public Procurement System obliges customers to improve their knowledge. It is stated that knowledge and skills in the field of public procurement must be constantly improved, since both the conduct of procedures and the execution of contracts depend on the professionalism of officials.

Education requirements for contract service employees

Procurement training 44-FZ plays an important role in conducting procurement procedures, since employees of organizations conducting procurement within the framework of Federal Law No. 44, consisting of and, must comply with the requirements of the law. So, for example, the commission should consist of persons who have undergone appropriate education in the field of procurement activities or have competencies related to the object of the order. Also, members of the contract service, like the manager, must have completed higher education specializing in public procurement, or undergo advanced training or professional retraining courses.

An employee who has not received special face-to-face or distance learning cannot be appointed as a contract manager under 44-FZ.

Also, professional standards (or professional standards) may be used to consider specialized applications, but at the moment the requirement is not regulated by either 44-FZ or 223-FZ. Currently, two professional standards in the field of procurement have been approved: for specialists and for experts - orders of the Ministry of Labor and Social Protection dated September 10, 2015 No. 625n and 626n, respectively.

Where to study

The form of training in public procurement can be any: full-time, part-time or distance learning. Today, distance learning in accordance with 44-FZ is popular, which significantly increases the professionalism of the customer without interrupting their main activities.

The form of training itself is not regulated, but the terms and scope of the educational program must comply with Federal Law on Public Procurement No. 44:

for contract service employees and commission members, the program must be at least 108 hours;
for managers - at least 40 hours.

Today, many public educational institutions are open that provide training in the field of public procurement in any form:

Institute of Public Procurement, Moscow;
RANEPA, Center for the Development of Competition Policy and State Order, Moscow;
HSE, Institute of Purchasing and Sales Management, Moscow;
Interregional Academy of Advanced Training, Penza;
Academy of Contractual Relations, Moscow.

In these and other institutions, it is possible to study 44-FZ remotely with the issuance of a certificate that allows you to conduct labor procurement activities in state and municipal organizations.

How to purchase educational services

Allows you to purchase such services. Or you can organize a competitive procedure.

The EIS library is provided for public procurement of educational services, this allows you to avoid mistakes during the procurement procedure, as well as abuse on the part of the customer.