What does a contract manager do? Job description of the contract manager. Staffing and professional standards

05.12.2019

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

The contract manager is executive customer, which is responsible for the implementation of one or more public procurement, including the execution of each contract.

The contract manager from January 1, 2017 must have higher education or additional professional education in the area of procurement. Previously, vocational or additional vocational education was sufficient. Thus, the legislator has tightened the requirements for the professional level of an employee responsible for procurement in an organization.

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

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

Only a full-time employee of the organization should be a contract manager (letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996).

Regulatory documents

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

the Constitution of the Russian Federation;
Federal Law No. 44-FZ;
civil and budgetary legislation;
regulations, which regulate the scope of public procurement in Russia;
contract manager job description budget institution or the 2019 contract manager regulation.

Order of appointment

To appoint a person responsible for public procurement, it is necessary to issue an order. The law does not establish any requirements for this document, unified form also not developed, so you can make it in free form on the organization's letterhead.

The order should refer to Article 38 of the Law on contract system, list one or more employees who are appointed to such a position. At the same time, you can approve the instructions for it, which defines the work responsibilities.

Job Responsibilities

The duties of a contract manager under 44 FZ are as follows:

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

Job Description Example

When appointing a contract manager, job responsibilities can be fixed using the job description.

FZ-44 is Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. It is this law in Art. 38 obliges customers (state or municipal authorities, as well as budgetary institutions) to introduce the position of a contract manager in their staff.

At the same time, in Part 4 of Art. 38 FZ-44 discloses the functions assigned to the employee:

development of procurement plans and schedules;
notice of planned purchases;
procurement;
participation in the consideration of complaints about the procurement procedure;
providing advice to suppliers.

The listed functions are specified in the job description of the contract manager by listing it official duties.

Job responsibilities can also be taken from the professional standard developed for a specialist in the field of procurement, approved by order of the Ministry of Labor No. 625n of September 10, 2015. Since there is no such position in the Qualification Directory for the positions of managers, specialists and other employees, approved by order of the Ministry of Labor No. 37 of August 21, 1998, there are no contradictions with the professional standard.

Don't know your rights?

Attention: art. 195.3 of the Labor Code of the Russian Federation obliges to apply professional standards in terms of qualification requirements, if these requirements are established at the legislative level. For a contract manager, there is both an already existing professional standard and legally established qualification requirements, prescribed in part 6 of Art. 38 FZ-44.

Approximate structure of the job description of a contract manager

When compiling job descriptions, including for the specialist discussed in our article, it is better to adhere to the generally accepted structure of this document, which allows you to take into account all the features of work in the position. To do this, the document must include at least 4 sections:

General provisions.
Job responsibilities.
Rights.
A responsibility.

General provisions of the instruction

In the first section, it is customary to briefly describe the position and indicate the qualification requirements for candidates. Thus, information about the following points is usually included here:

The name of the position (it is better to use the name “contract manager”, since this is the name used in the professional standard) with the clarification that the position belongs to the category of specialists.
The order of appointment and dismissal (both are carried out by order of the head of the company).
Order of subordination. If the company has a contract service, then the employee will report to its boss, otherwise he may report to the head of the company or his deputy.
The procedure for replacing an employee during his absence.
Normative acts that a contract manager should be guided by in his work (for example, fz-44).
The minimum amount of knowledge that he must possess.
Qualification requirements. Federal Law-44 states that a candidate for the position described must have a higher education or additional professional education in the field of procurement. In the professional standard, these requirements are specified depending on the function that the employee directly performs.

Responsibilities of a contract manager

This section contains a listing of the employee's job responsibilities. Typically, a contract manager has the following responsibilities:

develop plans for which procurement will be carried out, and corresponding schedules;
make changes to already approved (sometimes published) procurement plans and schedules;
place in a specialized information system procurement plans, schedules, as well as information about changes to them, documentation and draft contracts, if necessary;
set the initial price of the contract and justify it;
invite suppliers to participate in procurement;
implement the procurement procedure, including the conclusion of contracts;
improve your qualifications.

If an employee is assigned any additional function, such as participating in the consideration of complaints and handling complaints, this is also included in the section on job responsibilities.

Rights of a contract manager

In addition to duties, the manager is also vested with the rights necessary for their implementation, which are fixed in this section. Thus, the contract manager may have the right to:

receive information and documents within their competence from other employees of the organization;
represent the organization in the procurement procedure;
require the manager to assist in the performance of official duties;
make suggestions to improve the efficiency of their activities.

If necessary, the employee may be granted other rights.

Responsibility of the contract manager

This section of the instruction is intended to briefly familiarize the employee with the consequences of committing individual misconduct. So, the contract manager can carry:

administrative and criminal liability for committing misdemeanors and crimes;
disciplinary - for violation of labor discipline and failure to fulfill their duties;
material - for causing damage to the property of the organization in which he works.

The order of development and application of instructions

When compiling a job description for a contract manager, you should consider:

labor law norms;
the current professional standard developed for specialists in the field of procurement;
FZ-44 (after all, it was he who made the described position mandatory for a number of customers in the contract procurement system).

After development, the draft instruction is submitted for consideration to the head of the organization. If approved, the document becomes mandatory for any employee appointed to the position and agreeing to its terms. The consent of the employee is confirmed by his signature, which is affixed after reading it in the instruction itself or in a special journal.

Federal Law N44 of April 5, 2013 is devoted to the organization of the public procurement system in various institutions. This piece of legislation details the powers and responsibilities of the contract manager. The appointment of a contract manager to a position, conditions, procedure, features are also clearly regulated in 44-FZ.

Today we will talk about who can be entrusted with the duties of a contract manager, who is responsible for resolving this issue in an organization, and whether an enterprise can have 2 contract managers at once. Can, for example, a manager be a contract manager?

How is the CU appointed to a position and when does the briefing take place?
All actions of an employee are strictly regulated and after taking office, one should start not with drawing up plans and negotiating, but with studying the job description of the contract manager for 2018. This will allow the employee to create for himself the order of conduct. labor activity, as well as assess the degree of responsibility that is imposed on the CG within the framework of 44-FZ.

The basis for the formation of a department or the hiring of a particular citizen as a KU is FZ-44. The document indicates several options for organizing such a workplace, namely:

The head accepts a new employee for the created position of the CG and concludes an employment contract with him.
A person from the staff of the enterprise is appointed to the position, after which the employment agreement is re-registered, with the addition of actual duties for the work of the CG.
The employee is appointed from the staff of the organization, but the work will be performed part-time. In this case, the employment agreement is also re-executed and an additional payment is organized.

Under what conditions is the appointment of a bankruptcy trustee mandatory?

To answer the question posed, it is first necessary to decide that the head of the organization is the sole executive body, which means that it is in his competence that the right to assign the duties of a contract manager to a specific person lies.

An important basis for the appointment of a contract manager is the presence of an annual volume of purchases from the enterprise in excess of 100 million rubles. In this case, the organization contract service and the appointment of CU is mandatory.

Who can be appointed to the post of CU?

There are no restrictions on the circle of citizens who can take the place of the KU, the law does not establish. The only condition that must be strictly observed is the availability of special professional training. The person applying for this position must have a professional education or special training in contract procurement.

In other words, the contract manager can be the head of the institution, the director, and even Chief Accountant or a lawyer, if this does not contradict the provisions of the organization's charter.

The adoption of such a decision is regulated by several points at once. On the one hand, a lawyer, manager or accountant can be appointed as a contract manager based on the provisions of the organization's charter and certain clauses of the employment agreement. On the other hand, the assignment of the functions of the CG to the head can occur in the manner prescribed in Article 60.2 of the Labor Code of the Russian Federation. According to FZ-44, only the customer appoints a specialist, which means that only a person who is such or acting as his representative can select and appoint an employee.

In this case, it is necessary to take into account the current regulations governing labor Relations manager and employees of the organization. According to the rules, the combination of positions is not prohibited by law, however, such restrictions may be prescribed in other legislative acts, at the level of the federation and regions.

Summarizing small results, it can be noted that in the absence of such restrictions, the entire necessary work on the organization of procurement at the enterprise can be entrusted to the head or another person who is on the staff of the enterprise and meets all the requirements of the law. At the same time, the appointment of a contract manager is accompanied by the written consent of the employee and the issuance of an appointment order.

Can an enterprise have two CUs?

When the position of a bankruptcy trustee is introduced at an enterprise, no restrictions are set on the number of such employees. Moreover, most enterprises need to be provided in several areas at once. For example, it is necessary to purchase vehicles or special equipment, along with food and materials.

In this case, you can immediately appoint 2 contract managers: the chief accountant and the head, or entrust part of the work to a lawyer. In any case, the decision must be justified and each employee must comply with the requirements of the law.

How is the appointment of a contract manager and what does such an employee do?

More than three years ago, the procedure for appointing employees of the customer's contract service was significantly changed. This happened immediately after the customer was charged with forming a contract service or appointing a contract manager for procurement.

In our work, we will cite legislative articles on the activities of a contract manager in the field of procurement, where such an employee should start working, and also talk about who is appointed as a contract manager under Federal Law-44.

What are the job requirements from the beginning of 2018?

Starting in January 2018, the appointment of a contract manager should only take place if the proposed employee meets a number of requirements of the current legislation. According to the articles of Federal Law-44, a specialist is required to have a special vocational education and listen to additional lectures on retraining.

The profession of a contract manager is not very common, since the introduction of a position into the state occurs only when the volume of purchases at the enterprise for the year is from 100 million rubles. This rule is spelled out in paragraphs 1-2 s. 38 FZ-44 according to the regulations for the work of a contract manager. In other situations, the law does not oblige to hire such a contract specialist and the questions that arise from the inspection services are unauthorized.

The activities of a contract manager are strictly regulated, since we are talking about working with people and providing information to public and controlling structures. In this regard, only a person who has a sufficient level of professional training and experience in this field is appointed as a contract manager.

What are the responsibilities of the CU?

According to paragraph 4 of Art. 38 FZ-44, the functions of a contract manager are quite diverse. It is extremely important for a specialist applying for a place to know what the bankruptcy manager is doing and what activities are being carried out.

If we talk about starting an activity from scratch, then a citizen must have an idea of \u200b\u200bwhat to start with. In this case, you should proceed as follows:

After being appointed to a position, study your job responsibilities and understand which areas in the employee’s activities are the main ones.
Get acquainted with the current documentation and draw up a preliminary procurement plan. Most often, it is compiled for a year.
Coordinate the document with the management of the organization.
Start developing documentation for the first event.
Place information in a special electronic system workflow.
Accompany the auction, and then participate in the selection of the winner.
Prepare all necessary documents.
Prepare a procurement report.

The activities of the contract manager are not limited to this, and the employee has a number of other responsibilities. In conclusion, it should be noted that the appointment of the CG takes place according to the standard scheme described in the labor code, but taking into account the current regulations and the characteristics of the position.

Control over the actions of the contract manager - liability and penalties

According to the Federal Law-44 dated 04/05/2013, the responsibility of the contract manager is determined by those items that are spelled out in his employment agreement and in job descriptions. This moment should be spelled out very clearly so that later the manager does not become responsible for the actions and actions of the employee.

Today we will consider questions regarding what requirements the law imposes on a contract manager in 2018 and how such employees are verified.

Employee responsibilities

Control over the actions of the contract manager is carried out directly by the head, however, the authorized body (control commission of the customer) is responsible for regulating its activities.

For violation of the requirements, which the employee is obliged to fulfill during his professional activity, there are several types of liability. These are the options:

disciplinary;
civil law;
administrative;
criminal.

The most common of these is the measure of administrative responsibility and disciplinary action. This is due to the fact that employees are not liable to the customer company and can violate the requirements only within the limits of exceeding their authority.

How can I appeal the actions of the contract manager?

By law, each official representing the interests of the customer is personally responsible for compliance with the requirements prescribed in Russian law.

Violations of the contract manager are considered within the scope of his powers and can be appealed. The basis for such manipulations, most often, is the excess of the rights and opportunities specified in the job description. The challenge of the decision is carried out in a judicial or administrative order and the following persons have the opportunity to file a complaint:

Any participant in the procedure.
Public associations that are endowed with control functions.
Consolidation of law firms.

This right is spelled out in Art. 105 FZ-44 and is inalienable for these procurement participants.

What bodies exercise control over the activities of the contract manager?

The main organization that checks contract managers for the conscientiousness and correctness of the performance of their duties is the FAS Russia (Federal Antimonopoly Service). This procedure is prescribed in FZ-44, and is also reflected in a number of internal acts relating to the activities of the organization.

The standard procedure under which control is carried out is the carrying out of planned or unscheduled inspections. The grounds for organizing such events are clearly spelled out in Art. 99 FZ-44. In case of detection of violations in the work of the contract manager in relation to the employee, a decision is made to impose a fine. The amount of penalties is determined individually, but within 30-50 thousand rubles.

How to avoid violations?

In order to exclude incidental situations and strictly comply with all applicable standards and requirements of the law, it is necessary that contract service employees undergo training and attend advanced training courses in a timely manner.

APPROVE:

[Job title]

_______________________________

[Name of company]

_______________________________

_______________________/[FULL NAME.]/

"______" _______________ 20___

JOB DESCRIPTION

contract manager

1. General Provisions

1.1. This job description defines and regulates the powers, functional and job duties, rights and responsibilities of the contract manager [Name of organization in the genitive case] (hereinafter referred to as the Company).

1.2. The contract manager is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the head of the Company.

1.3. The contract manager belongs to the category of specialists and reports directly to [name of the position of the immediate supervisor in the dative case] of the Company.

1.4. 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 is appointed to the position of a contract manager.

1.5. AT practical activities The contract manager must be guided by:

local acts and organizational and administrative documents of the Company;
internal work schedule;
rules of labor protection and safety, ensuring industrial sanitation and fire protection;
instructions, orders, decisions and instructions of the immediate supervisor;
this job description.

1.6. The contract manager must know:

The Constitution of the Russian Federation, civil, budgetary legislation, Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", as well as other regulatory legal acts in the field of procurement of goods , works, services to meet state and municipal needs, the needs of a budgetary institution;
general principles of procurement for state, municipal needs, needs of a budgetary institution;
basic principles, concepts and processes of the procurement system;
procurement system for state, municipal needs, needs of a budgetary institution in the context of social, political, economic processes in Russian Federation;
planning methods for procurement;
the procedure for the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts (contracts), the preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) in the ways provided for federal law dated April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";
the procurement procedure, including the conclusion of contracts (agreements);
criteria for evaluating applications for participation in the competition, comparative analysis methods for evaluating applications for participation in the competition;
the efficiency of placing orders for state, municipal needs, the needs of a budgetary institution;
control over compliance with the legislation of the Russian Federation on the placement of state and municipal orders;
measures of responsibility for violations in the placement and execution of orders for the supply of goods, performance of work, provision of services for state, municipal needs, the needs of a budgetary institution;
ensuring the protection of the rights and interests of participants in the placement of orders, the appeal procedure;
information support of state and municipal orders;
bases of the labor legislation of the Russian Federation.

1.7. The contract manager must have the professional skills necessary to:

performance of work in the area corresponding to the direction of activity of the structural unit;
work planning, control, analysis and forecasting the consequences of decisions;
stimulating the achievement of results and exactingness in business negotiations;
ensuring the fulfillment of the tasks set by the management;
effective work time planning;
analysis and forecasting of activities in the assigned area;
using the experience and opinion of colleagues;
delegation of authority;
use of modern office equipment and software products;
preparation of business correspondence;
systematic improvement of professional knowledge;
editing documentation at a high stylistic level;
timely identification and resolution of problem situations leading to a conflict of interest.

1.8. During the period of temporary absence of the contract manager, his duties are assigned to [name of the position of the deputy].

2. Job responsibilities

The contract manager performs the following labor functions:

2.1. Procurement plan development.

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

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

2.4. Development of a schedule.

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

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

2.7. Information about the implementation of procurement plans and schedules.

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

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

2.10. Implementation of the preparation and placement in a single information system of procurement documentation and draft contracts (agreements).

2.11. Preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) in the ways 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".

2.12. Ensuring the implementation of procurement, including the conclusion of contracts (agreements).

2.13. Organizes mandatory public discussion of the purchase of goods, works or services in cases provided for by the Law.

2.14. Based on the results of the mandatory public discussion of the procurement of goods, work or services, if necessary, makes changes to the procurement plans, schedules, procurement documentation or arranges for the cancellation of the procurement.

2.15. Placement of customer reports provided for by 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.

2.16. Placement of other information and documents, the placement of which in a single information system is provided for by 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.

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

2.18. Implementation of the preparation of materials for the performance of claim work (on the basis of acts of technical specialists, heads of workshops).

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

2.20. If necessary, involve experts, expert organizations (agreed with [Name of organization]) 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 ensure state and municipal needs” and other regulatory legal acts.

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

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

In case of official necessity, the contract manager may be involved in the performance of his official duties overtime, in the manner prescribed by law.

3. Rights

The contract manager has the right:

3.1. Get acquainted with the draft decisions of the management of the enterprise relating to its activities.

3.2. Submit proposals for the management to improve the work related to the responsibilities provided for in this job description.

3.3. Notify the immediate supervisor of any deficiencies identified in the course of the performance of their duties in production activities enterprise (its structural subdivisions) and make proposals for their elimination.

3.4. Request personally or on behalf of the immediate supervisor from the heads of enterprise departments and specialists information and documents necessary for the performance of their duties.

3.5. Involve specialists from all (separate) structural divisions of the Company in solving the tasks assigned to him (if this is provided for by the provisions on structural divisions if not, with the permission of the head of the Company).

3.6. Require the management of the enterprise to assist in the performance of their duties and rights.

3.7. Participate, within the limits of their competence, in the preparation (discussion) of the following projects:

technical specifications; project documentation;
procurement plans;
schedule plans;
other acts of a non-normative (organizational and administrative) nature on issues provided for by 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, the needs of a budgetary institution.

3.8. He is obliged, in accordance with his competence, to participate in the preparation (discussion) of the following projects: provisions on contract service; vacation schedule for contract service employees; other acts on behalf of the immediate supervisor.

4. Responsibility and performance evaluation

4.1. The contract manager bears administrative, disciplinary and material (and in some cases provided for by the legislation of the Russian Federation - and criminal) responsibility for:

4.1.1. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.

4.1.2. Failure to perform or improper performance of their labor functions and assigned tasks.

4.1.3. Unlawful use of the granted official powers, as well as their use for personal purposes.

4.1.4. Inaccurate information about the status of the work entrusted to him.

4.1.5. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.6. Failure to enforce labor discipline.

4.2. Bears personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement and regulatory legal acts governing relations relating to:

planning the procurement of goods, works, services;
definitions of suppliers (contractors, performers);
conclusion of a civil law contract;
features of execution of contracts (agreements);
monitoring of purchases of goods, works, services;
audit in the field of procurement of goods, works, services;
monitoring compliance with the legislation of the Russian Federation.

4.3. Evaluation of the work of the contract manager is carried out:

4.3.1. Direct supervisor - regularly, in the course of the daily implementation by the employee of his labor functions.

4.3.2. Certification Commission enterprises - periodically, but at least once every two years, based on the documented results of work for the evaluation period.

4.4. The main criterion for evaluating the work of a contract manager is the quality, completeness and timeliness of his performance of the tasks provided for by this instruction.

5. Working conditions

5.1. The contract manager's working hours are determined in accordance with the internal labor regulations established by the Company.

5.2. In connection with production necessity the contract manager is obliged to go on business trips (including local ones).

6. Indicators of efficiency and effectiveness of professional performance

The effectiveness of the professional performance of a contract manager is evaluated according to the following indicators:

6.1. The volume of work performed and the intensity of labor, the ability to maintain high efficiency in extreme conditions observance of official discipline.

6.2. Timeliness and efficiency of execution of orders.

6.3. The quality of the work performed (preparation of documents in accordance with the established requirements, complete and logical presentation of the material, legally competent drafting of the document, absence of stylistic and grammatical errors).

6.4. Professional competence (knowledge of legislative and other regulatory legal acts, breadth of professional horizons, ability to work with documents).

6.5. The ability to clearly organize and plan the execution of assigned tasks, the ability to rationally use working time, prioritize.

6.6. Creative approach to solving tasks, activity and initiative in mastering new computer and information technologies ability to quickly adapt to new conditions and requirements.

6.7. Awareness of responsibility for the consequences of their actions.

Acquainted with the instruction ___________ / ____________ / "____" _______ 20__

Federal Law of the Russian Federation of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" requires state and municipal customers with annual purchases of more than 100 million rubles to organize a special contract service .

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

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

Consider the options for organizing a customer contract service.

Contract service as a structural unit

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

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

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

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

Contract service without the formation of a special structural unit

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

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

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

Position of contract manager

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

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

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

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

By transferring to a new position. In this option, you need to prepare a proposal for transfer to the position of contract manager, then issue a transfer order. Considering that the employee has a change labor function and the terms of the employment contract additional agreement it is necessary to provide for the statement of the employment contract in a new edition.

Staffing and professional standards

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

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

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

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

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

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

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

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

And the expert:

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

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

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

Irina Kozlova