In 2015, the SSS of our institution exceeded 100 million rubles. There was an obligation to create a contract service. The regional ministry, in accordance with the funding, has set a requirement for the number of employees in the unit - no more than three people. Previously, I managed the purchases on my own, but here I had to look for someone to include in the contract service. At the same time, there were no additional staff positions in the institution. Time was running out, we could not carry out purchases without a contract service. To fulfill the formal requirement, we included an accountant, an economist and a programmer in the service. I was appointed head of the contract service. And then the problems began.
The accountant refused to work in the contract service, referred to the loading and failure of us to comply with the standard procedure - we did not warn the employees in advance, did not make changes to employment contracts and job descriptions. Consequently, I, as a manager, had no right to require employees to engage in procurement and answer to supervisors. As a result, in order to meet all the requirements, we had to delay purchases by two months - the period in which it is necessary to warn employees about the changes. After an unsuccessful experience, we went through all the stages of official coordination with employees, prepared templates and a scheme for creating a contract service. I will share my experience.
First: two months before the start of the contract service, notify employees who are already employed in the organization about the change in labor function. Second: amend employment contracts and job descriptions, issue an order to transfer to another structural unit, where they fixed the personal duties of contract service employees. Third: to assign responsibilities, publish order and develop , based on . Supplement the standard provision with the necessary duties and rights. For example, write:

The main conclusion from the situation, which I made for myself, is the work of the leader not only in the distribution of tasks, but also in proper planning. It is not enough to decide who performs this or that function, it is important to draw up the decision correctly and in advance. To make it easier for you, I will share templates that helped me too:
— order to create a contract service;
— notice to an employee about a change in job functions;
— change order;
— additional agreement to the employment contract;
— Regulations on contract service;
— order on the distribution of duties between employees of the contract service.
The recommendation of the State Order System will also help: How to create a contract service.
It is not enough to transfer a function, it is important to prepare employees for new tasks. To do this, send employees to improve their skills.

Is it possible to create a contract service in each branch?

In 2016, the head of our medical institution decided to open a branch. By that time, the organization already had a contract service as a separate unit. However, for the new branch, the chief physician proposed to create a separate contract service, which would deal only with the purchases of the branch. It was supposed that it would be easier to keep track of purchases. Since there was no lawyer in the already established contract service, the head of the unit turned to me for advice.
As a lawyer, I explained that it is impossible to create several contract services for one customer. Branch is not a legal entity. Branches operate on the basis of the provisions approved by the legal entity that created the branch. That is, the branch is not an independent customer in the sense Law No. 44-FZ. In addition, Law No. 44-FZ and order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 do not provide for the creation of several contract services by one customer.
I'll tell you how we set up the work of one contract service for all branches. Each branch has employees who are part of the contract service and are responsible for purchasing for the branch. In particular, branch employees form the needs for the next year at the moment when the contract service prepares procurement plan draft- we have it in August of the current year, prepare technical specifications, enter the acceptance committee, perform other tasks. There is no separate service for each branch. One contract service independently maintains a procurement plan and a schedule, conducts procurement for its own needs and for the needs of branches.
Now we already have three branches and one contract service. I was taken to the contract service as a lawyer. I helped to establish the work of branches and now I am engaged in claims work.

How many people to include in the contract service

From the very beginning of the Law No. 44-FZ, we decided that we were creating a contract service. At the same time, they knew that the contract service should include at least two people, and the customer determines the maximum number of people independently, taking into account the needs and financial capabilities. Since competitive purchases were already carried out then, but only under Law No. 94-FZ, two specialists were taken into the contract service, who at that time were engaged in procurement. In the course of work, Law No. 44-FZ underwent changes, the requirements for contract service employees also changed, and we realized that two people were not enough.
Now our contract service consists of four people and a leader. I will share my experience, why we decided to expand to five employees.
When determining the number, they proceeded from the total financial volume of purchases and the number of contracts for the last year. At the same time, we took into account that we will also spend extra-budgetary money in accordance with Law No. 44-FZ. From work experience, it was understood that one person conducts 15 competitive purchases per month. It was calculated that with our volumes, three people were needed only for competitive purchases. A separate employee was allocated for contracts with a single supplier. We decided that the head of the contract service should prepare a plan and schedule for procurement, check all technical assignments from employees, control the work of the unit, develop regulations, and engage in organizational work.
From myself I will give advice: when in doubt how many people to take, for example, three or four, stop at a lower number. In the course of work, it will become clear whether employees cope with the functionality. You may have to look for more people or suggest additional functionality those who are already working. In any case, it is easier for an employer to find another person than to fire someone who has already taken. In addition, additional functionality is an additional payment for the employee. Also useful will be materials from the State Order System:

Does every employee need an EDS?

When we created a contract service, we faced a problem: whether to give each employee an EDS or sign all documents with the digital signature of the head. As a result, we decided to make an EDS for each employee of the contract service. With his EDS, the employee signs the documents that he creates in the EIS, as a rule, these are notices and reports. At the same time, we sign the contracts with the EDS of the head and only when the director is at the workplace. I'll tell you what guided.
Fines in procurement are high, and each employee is responsible for his specific tasks. In order to avoid disputes about which of the employees violated the law, it was decided that the EDS would serve as evidence of who specifically compiled the wrong document or violated the deadlines. In addition, an employee who signs a document in the EIS is motivated to work responsibly. Therefore, I advise every employee to make an EDS.
When signing a contract, the rule is different. Offer the manager two options: sign the contract on the electronic platform with your enhanced electronic signature or a separate order, or power of attorney empower the head of the contract service to sign contracts on behalf of the customer. If the signature is put by the head of the customer, indicate in the preamble of the document that the contract is signed by the customer in the person of the head acting on the basis of the regulation or charter. In this case, the contract is signed by the EDS of the head. Suppose, by decision of the customer, the head of the contract service was given the right to sign a contract on electronic platforms on behalf of a legal entity. Then, in the preamble of the contract, indicate that the document is signed by the customer, represented by the head of the contract service. Specify the details of the power of attorney. Only if these conditions are met, the contract can be signed with an enhanced electronic signature of the head of the contract service.
Getting an electronic signature the first time will help step-by-step instruction.

Can a lawyer enter the contract service and at the same time engage in work that is not related to 44-FZ

Yes, leader by order has the right to assign the functions of a contract service worker to individual employees, for example, a lawyer. The contract service of our organization included three employees. At the same time, none of the employees had a legal education. When it came to claim work, difficulties arose - a contract worker could not file a lawsuit or complaint. In-house lawyers refused procedures under Law No. 44-FZ, since the workload in the framework of their main work is high, and work under 44-FZ is not prescribed in the job description.
To solve the problem, the manager assigned all claims work to the legal department. The head of the legal department was included in the contract service. Formally, all specialists of the legal department are not part of the contract service, therefore, only the head is responsible for claim work under Law No. 44-FZ. Now the contract service of our organization has no problems with legal assistance under Law No. 44-FZ.
Suppose we decide to follow our example - to include a lawyer in the contract service and at the same time change or expand the employee's labor functions. Then, with the consent of the employee, make changes to job description.

Who is responsible for the specification

When the contract service began to function, they faced a problem - the employees of the unit are not able to do all the technical tasks, there is not enough time or qualifications for this. Then we decided that in our organization for the development of the terms of reference will be responsible purchase initiator. I'll tell you how the idea was realized.
We have created a contract service without forming a separate division. The service includes employees from different departments, for example, the head of the purchasing department, the head of the supply department, the head of the information department. An employee of the department develops the terms of reference for his area of ​​activity. For example, an employee of the supply department develops a terms of reference for the supply of stationery, IT specialists - for the supply of computers, etc. I, as the head of the procurement department, check whether the description of the procurement object in the terms of reference meets the requirements of Law No. 44-FZ.
This is how it is with us, and it works: the person who forms the terms of reference is included in the acceptance committee.

Each of the employees of the contract service has its own specialization. How to ensure interchangeability

In our organization, each contract service specialist is busy with a specific task, for example: one plans, the other places notices in the EIS and accepts applications, the third deals with contracts with the supplier. When one of the employees fell ill or went on vacation, the direction was idle - no one knew how to do the work of another. The same problem was with the members of the unified commission. It happened that during the meeting more than half of the commission went on vacation. We solved the problem in three steps.
We train contract service employees in all processes and adhere to the principle of interchangeability. So employees also develop, which implies career growth.
We train employees in advanced training courses and in the process of work. We find out when the specialist goes on vacation, and in advance, for example, a month in advance, we dedicate others to the key tasks that they will have to perform during the employee’s vacation. Since all procedures are carried out within the framework of the schedule, it is not difficult to identify the upcoming volume. For a position pay extra is an additional incentive.
To organize the learning process, follow the scheme:

1. Familiarize yourself with professional standards in procurement, decide on which program to train employees - How to apply professional standards: retraining and certification of employees.
2. Check out the training tips from the Graduate School of Public Procurement: How to improve qualifications or undergo retraining at the Higher School of Public Procurement.
3. Decide how to purchase educational services, carry out the procedure: How to purchase educational services.

We follow the vacation schedule of committee members, we create a commission in a new composition for the period of holidays. For the period of vacation of the main employee, we appoint a contract service specialist as a member of the commission, again, paying extra for functionality.
Who can be a member of the procurement committee, see recommendations.
Developed regulations , where painted the order, in which contract service workers interact with each other.

What to do if you have not allocated money for contract service training

In 2016, we checked the education of contract service workers and found that most people were trained in accordance with Law No. 94-FZ. The task was to retrain the staff. We are not allocated budget funds for contract service training. Therefore, we have trained workers through income-generating activities. One of the contract service workers came to us in 2017 with a professional retraining diploma. Now all the specialists who are engaged in procurement in our organization meet professional standards and the requirements of the law.
I will give advice to organizations that do not have enough off-budget. There is a way to reduce costs - to unlearn 16 hours, not 108. The term of 16 hours was set by the Ministry of Education and Science of Russia ( item 12 order approved by order of July 1, 2013 No. 499).
In order to receive additional vocational education, an employee undergoes a program of advanced training and professional retraining. The Ministry of Economic Development and the Ministry of Education and Science of Russia have developed guidelines for organizations that prepare programs for additional education in procurement. The guidelines indicate that the minimum time required to master the program is 108 hours. If the head of the customer organization is studying, the period can be reduced to 40 hours. At the same time, it is not necessary to apply methodological recommendations - the document is advisory in nature. The educational institution independently calculates the number of hours for which students master the program. Therefore, it is enough for contract service workers to retrain in the amount of 16 hours. A similar position is taken by the Ministry of Economic Development of Russia in letters dated December 11, 2015 No. OG-D28-15401, dated March 25, 2016 No. OG-D28-3885.
To make it easier to decide which courses to take and make a purchase, use the recommendations of the State Order System:

How to avoid staff turnover due to low salaries

The contract service of our organization faced a problem - the salaries are small, and the fines are large. The result is staff turnover.
We decided to retain specialists with additional payments. We encourage employees to perform their duties in a quality manner. We pay the premium in accordance with the current local acts on bonuses. The procedure for additional financial incentives was fixed in contract service provision. We also pay extra for liability and participation in the commission. Now employees do not leave us and are interested in additional workload.
From my experience, I will advise five ways to encourage a contract service specialist. Choose which method is right for you.
Method 1. Pay extra for combining jobs
Suppose an employee combines his main position, for example, a lawyer, economist, accountant, and the position of a contract service employee. Labor law allows you to pay extra to an employee ( letter of the Ministry of Economic Development of Russia dated December 30, 2015 No. D28i-3860).
To pay for additional work, apply for a combination of positions or an internal part-time job.

Way	Conditions	Payment
Combination of posts	The order of the head, the written consent of the employee in the form of an additional agreement to the employment contract. The work of a contract service employee is performed by a person during the working day	The amount of the surcharge is set in a fixed amount of money or as a percentage of the tariff rate or salary
Internal combination	A separate employment contract with the employee, all the documents that are provided for when applying for a job. The work of a contract service employee is performed by a person in his spare time from his main job.	Payment is set in the employment contract. Upon termination, an employee is entitled to compensation for unused vacation

It is more convenient to choose a combination of positions, then you do not have to conclude an employment contract. In addition, the amount of the co-payment is not limited to any minimum or maximum level. To arrange a combination, draw up an additional agreement to the employment contract. Write in the document:

• the work that the employee will perform additionally, its content and volume;
• the period during which the employee will perform additional work;
• the amount of additional payment for combining positions.

For example, include the following wording in the additional agreement:

Based on the concluded agreement, issue an order to combine. The standard form of the document is not provided, so make up order in any form.
The requirements for registration of combination are provided in article 60.2 Labor Code of the Russian Federation.
Method 2. Write out a premium
The basis for the award is the high-quality performance of job duties by the employee. Write out the bonus in accordance with the current local acts on bonuses within the budget money for wages. You cannot pay an employee by saving on purchases. Fix the procedure for additional financial incentives in the provision on contract service, for example, as follows:

Method 3: Pay an incentive bonus
The employer has the right to establish an incentive bonus for the intensity and high results of work. Approve in the organization a system of criteria and performance indicators for the contract service, for example:

• timely and prompt work on the preparation of the necessary documentation for procurement and bidding;
• preparation of operational, including unscheduled, reporting and information;
• observance of terms of preparation and transfer of projects of contracts;
• compliance with the deadlines for processing protocols of disagreements.

Method 4: Pay for additional work
If the additional functions of a contract service employee are not fixed in the job description, then we are talking about additional work. Frame the increase in work volume as an extension of the service area. Extension of the service area - the performance, along with one's main job under an employment contract, of an additional amount of work in the same profession or position ( Part 2 Art. 60.2 of the Labor Code of the Russian Federation).
Set additional pay for additional work. The amount of the surcharge is determined by agreement of the parties. To do this, compose order and an additional agreement to the employment contract (art. 60.2 , 151 Labor Code of the Russian Federation).
Method 5: Pay Overtime
Suppose a contract service employee is late at work when it is necessary to quickly conduct a competitive purchase. Pay extra time as overtime - publish order and obtain the consent of the contract service officer. Consent is issued in the form of a statement.

The order is in the articles. 99 , 149 Labor Code of the Russian Federation.
Pay for the first two hours of processing at least one and a half times, the next hours - at least double. At the same time, in the collective agreement, local regulatory act or employment contract, you have the right to determine the specific amount of the additional payment ( Art. 152 of the Labor Code of the Russian Federation).

Who pays the fine for an employee who quit

During a scheduled audit of our organization, controllers revealed violations committed by an employee who left before the audit. Administrative proceedings are conducted in relation to an employee who has committed an offense, because dismissal is not a reason to exempt from a fine. However, in our case, the manager paid the fine, since the employer did not establish liability in the job description of the former employee. After such an experience, we made changes to the job descriptions of contract service workers - they prescribed responsibility. Now the employee pays for the violation, not the manager. There is no need to worry when an employee leaves. If responsibility is prescribed in the job description, the guilty person will be punished in any case.
In order not to run into the problem of our organization, I advise you to do four steps from the instructions right now:
1. Review the job descriptions of contract workers.
2. If there is no clause on responsibility in the job description, enter it, for example, like this:
3. Warn the employee that you are making changes to the job description - draw up notification.
4. Make changes to the job description by order.

Attention: The statute of limitations is one year from the date when the employee violated the law ( Part 1 Art. 4.5 Administrative Code of the Russian Federation).

Project

APPROVED
by order of the Ministry of Economic Development of Russia
from "___" ___________ 20__ N ___

I. General provisions

1.1. The contract service is a structural subdivision of the Customer, created in order to ensure the implementation of purchases, the total annual volume of which, in accordance with the schedule, exceeds one hundred million rubles.

1.2. This standard provision (regulation) (hereinafter referred to as the Regulation) establishes the procedure for the formation and powers of the contract service in the procurement of goods, works, services to meet state or municipal needs, including at the stage of procurement planning, determining suppliers (contractors, performers), conclusion and execution of contracts.

1.3. The contract service in its activities is guided by:

the Constitution of the Russian Federation;

the Civil Code of the Russian Federation;

the Budget Code of the Russian Federation;

;

other regulatory legal acts;

this standard regulation.

1.4. The main principles of the activity of the contract service in the procurement of goods, work, services to meet state or municipal needs are:

professionalism - attraction of qualified specialists with theoretical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions performed by the contract service aimed at meeting state and municipal needs, including the methods of procurement and their results. Openness and transparency of information are ensured, in particular, by placing complete and reliable information in a single information system in the field of procurement;

efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.

1.5. The concepts, terms and abbreviations used in this Regulation are used in the meanings determined 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" .

1.6. The information specified in this Regulation is placed in a unified information system in the field of procurement.

II. The procedure for the formation of a contract service

2.1. The structure and number of the contract service is determined and approved by the Customer.

Appointment and dismissal of an employee of a contract service is allowed only by decision of the Customer.

2.2. The structure of the contract service includes at least two people - employees (officials) of the contract service from among the employees of the Customer. The contract service is headed by the head of the contract service, appointed to the position and dismissed by the Customer.

2.3. Contract service employees must have higher education or additional professional education in the field of procurement*.

________________

* Until January 1, 2016, an employee of a contract service may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

2.4. Contract service employees cannot be individuals who are personally interested in the results of the procedures for determining suppliers (contractors, performers), as well as who are directly exercising control in the field of procurement by officials of bodies authorized to exercise such control.

2.5. In the event that the specified persons are identified in the contract service, the Customer is obliged to immediately release the specified contract service officials from their positions and appoint a person to the vacant position that meets 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" and these Regulations.

III. Functions and powers of the contract service

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

3.1.1. Develops a procurement plan;

3.1.2. Prepares changes to be included in the procurement plan;

3.1.3. Places the procurement plan and the changes made to it in the unified information system;

3.1.4. Develops a schedule;

3.1.5. Prepares changes for inclusion in the schedule;

3.1.6. Places in the unified information system the schedule and the changes made to it;

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

3.1.8. Prepares and places notices on procurement in the unified information system;

3.1.9. Prepares and places procurement documentation and draft contracts in the unified information system;

3.1.10. Prepares and sends invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

3.1.11. Ensures procurement, including the conclusion of contracts;

3.1.12. Participates in the consideration of cases on appealing the results of determining suppliers (contractors, performers);

3.1.13. Prepares materials for the performance of claim work;

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

3.1.15. Exercises other powers provided 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" .

3.2. In order to implement the functions and powers specified in paragraph 3.1 of this Regulation, contract service officials are required to:

3.2.1. Know and be guided in their activities by the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations;

3.2.2. Not to allow disclosure of information that became known to them in the course of the procedures for determining the supplier (contractor, performer), except as expressly provided for by the legislation of the Russian Federation;

3.2.3. Maintain the level of qualifications necessary for the proper performance of their duties;

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

3.2.5. Comply with other obligations and requirements established 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" .

3.2.6. If necessary, involve experts, expert organizations in their work in accordance with the requirements provided for 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" and other regulatory legal acts;

3.3. With the centralization of procurement provided for 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", the contract service performs the functions and powers provided for in paragraphs 3.1-3.2 of this Regulation and not transferred to the relevant authorized body, authorized institution that exercise the authority to determine suppliers (contractors, performers).

3.4. Contract manager:

3.4.1. Distributes duties between contract service workers;

3.4.2. Submits for consideration by the Customer proposals for the appointment and dismissal of employees of the contract service;

3.4.3. Resolves, in accordance with these Regulations, issues within the competence of the contract service;

3.4.4. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;

3.4.5. Exercises other powers stipulated by the internal documents of the Customer.

IV. Responsibility of contract service workers

4.1. Actions (inaction) of contract service workers, including the head of the contract service, may be appealed in court or in the manner established by Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services for ensuring state and municipal needs", to the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

4.2. Contract service employees guilty of violating the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement, as well as the provisions of this Regulation, bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation.

4.3. A contract service employee who has committed a violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs may be removed from his position by decision of the Customer.

Explanatory note to the draft order of the Ministry of Economic Development of Russia "On approval of the standard provision (regulation) on contract service"

The draft order was developed in accordance with Part 3 of Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Collected Legislation of the Russian Federation, 2013, N 14 , Art. 1652).

This model provision (regulation) establishes the procedure for the formation and powers of the contract service in the procurement of goods, works, services to meet state or municipal needs, including at the stage of procurement planning, determining suppliers (contractors, performers), concluding and executing contracts.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Unified Information Disclosure Portal
on the preparation by the federal authorities
project executive
normative legal acts
and the results of their public discussion
http://regulation.gov.ru
as of 10/29/2013

The federal law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" was adopted in 2013. Despite the fact that the law is already 5 years old this year, it continues to be one of the most relevant and in demand. On our website you can find a whole section devoted to both the Federal Law 44 in general and its individual provisions. In total, the law contains 114 articles, so there is a lot of information to study.

The procedure for creating a contract service according to 44 Federal Laws

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

You will be interested; Federal Law 220 in the latest edition

If during the year the volume of public procurement according to the schedule amounted to more than 100 million rubles, the customer is obliged to create a contract service. The law does not oblige to single it out as a separate structural unit of the organization (part 1 of article 38 of the Federal Law 44).

Read the latest changes in the law on contract service in Russia

If the total annual volume of public procurement did not exceed the specified amount, the customer has the right to decide independently whether to create a contract service or appoint an official responsible for procurement and contract execution, i.e. contract manager(part 2 of article 38 of the Federal Law 44) .

Requirements for contract service according to the law

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

To the number operating principles contract services include:

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

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

You will be interested: FZ 161 in the latest edition. details

Compound

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

If the amount attributable to public procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer, however the minimum staff is limited to two employees. This condition is dictated by the model provision.

The contract service can be created as a special department, or by approving a permanent staff of employees performing the relevant functions. Regardless of how the contract service is formed, it should be headed by a leader who determines the official duties and personal responsibility of each of his subordinates.

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

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

• General provisions: goals and conditions of creation, legal framework, principles of operation, structure, number and duties of employees;
• Powers in the exercise of duties and functions;
• Responsibility service workers.

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

Download Federal Law 44 with the latest changes

A large state customer needs to have a team of specialists accompanying the contract at all stages. The creation of a contract service makes the public procurement process efficient and reliable.

We offer you from 04/05/2013 N 44 FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" in the latest edition.

In the article we will talk about who can be the head of the contract service, what requirements for functionality and education are imposed by law No. 44-FZ, as well as what responsibility is provided for him by the provisions of the Code of Administrative Offenses.

The contract service operates on the basis of the issued Regulations on the contract service (regulations). The contract service cannot function until such a provision is approved. This document defines the procedure for the service, as well as the procedure for interaction with other departments of the customer and the procurement commission. We wrote in more detail about what the contract service does in the article "".

The provision on contract service is developed by the customer on the basis of the Standard provision on contract service, approved by order of the Ministry of Economic Development No. 631 dated October 29, 2013 (hereinafter referred to as the Standard Regulation).

Clause 9 of the Model Provision states that there must always be a leader in the contract service. The job title can be determined by the client. For example, you can call such a position "head of the contract service." There are no requirements for the title of the head of the contract service in the Model Provision.

If the contract service is created as a separate structural unit, its head is appointed to the position by order of the head of the customer or an authorized person performing his duties.

If the contract service is created without the formation of a separate unit, it is headed by one of the deputy heads of the customer.

Can the chief accountant be the head of the contract service, without the formation of a separate unit?

The contract service, which is created as a contract service without the formation of a separate unit, is headed by the head of the Customer or one of the deputy heads of the Customer. Thus, if the chief accountant is not a deputy head, then he cannot be the head of the contract service without forming a separate unit.

The main powers of the manager are determined in the provision (regulation) on the contract service approved by the customer. The customer can detail these powers in the official regulations (instructions).

It is necessary to approve the document regulating the activities of the head of the contract service by the time of hiring (service) a new employee or assigning duties to an employee who has not previously performed them. The document can be drawn up in an arbitrary, written form on paper, where it should be indicated:

1. Job title;
2. information that the employee is the head of the contract service;
3. immediate supervisor (order of subordination);
4. education requirements (other qualification requirements, if any);
5. requirements for knowledge of the law;
6. specific powers to carry out procurement, taking into account the distribution of functional responsibilities;
7. rights and obligations;
8. responsibility.

Such a document is drawn up by a personnel officer or other authorized person, and approved by his head of the customer or a person authorized by him.

Who has the right to replace the head of the contract service in his absence

The head of the contract service must independently determine the contract service employee who will replace him during the vacation period. This conclusion follows from Art. 38, 112 of Law No. 44-FZ and Model Regulations. The head of the contract service may have a deputy who, in the event of the temporary absence of the head of the contract service or on his behalf, perform his functions.

What are the main responsibilities

Contract manager:

• distributes functional responsibilities between contract service workers (paragraphs 10 and paragraph 17 of the Model Regulations).
• submits for consideration to the main person of the customer proposals on the structure and number of the CC, on appointment and dismissal.
• forms a work plan of the COP and submits it to the customer for consideration. To him, he must give monthly, quarterly and annual reports, and, if necessary, information on the purchase at any stage.
• organizes, if necessary, consultations with suppliers and participates in such events. This is done to determine the state of the competitive environment in the respective markets.
• organizes a mandatory public discussion of the procurement and, if necessary, prepares, based on its results, changes to be introduced into, or ensure the cancellation of the procurement.
• participates in the approval of requirements for certain types of goods, works, services purchased by the customer (including their marginal prices) and (or) standard costs for ensuring the functions of the customer, as well as organizing their placement in the EIS.
• participates in the consideration of cases on appealing against actions (inaction) of the customer, in particular, appealing against the results of determining the supplier.
• develops draft customer contracts.
• supervises all issues related to, as well as the organization of the return of funds deposited as security for the execution of an application or contract.

The customer has the right to assign to the head of the contact service not only the responsibility for organizing and coordinating work on planning and conducting procurement, but also the implementation of the functions and powers of the service. That is, the manager will be responsible for the result of any action of contract service employees.

To effectively solve problems, it is worth developing a detailed regulation. It regulates relations during procurement, determines the procedure for the actions of contract service employees and the procedure for interaction of the service with other customer departments.

What qualifications should a contract manager have?

As follows from the letter of the Ministry of Economic Development dated April 17, 2017 No. D28i-1636, from July 1, 2016, requirements for the qualification of an employee have been established and are mandatory for employers to apply. The requirements of professional standards should be taken into account when drawing up job regulations for contract service employees, including its head.

The head of the contract service must have certain qualifications. In the professional standard, it is indicated only in the generalized labor function "Organization of work on expertise and consulting in the field of procurement for state, municipal and corporate needs." This labor function provides for the 8th, highest, skill level (4 levels in total - from 5th to 8th).

For its implementation, it is necessary to meet the requirements for education and training:

• higher education - specialist or master's degree;
• additional professional education - professional development programs or professional retraining programs in the field of procurement. For example, it could be that provide training for such employees, give students the opportunity not only to update their knowledge in the field of public procurement, but also to develop additional skills, get answers to their questions. It is recommended to improve qualifications at least once every three years.

Practical work experience requirements — at least 5 years in procurement, including at least 3 years in management positions.

Responsibility of the head of the contract service

The head of the contract service is the same employee of the contract service as any other member of it (clause 10 of the Model Provision). In case of violation of the law, he bears administrative responsibility, provided for in 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, as an official (Article 2.4 of the Code of Administrative Offenses of the Russian Federation).

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