Is the contract manager entitled to conduct an examination. Can the contract manager conduct an examination if he is the chairman of the acceptance committee and the chairman of the unified commission? Practical features of the examination

Questions from our users about the application federal law dated April 5, 2013 No. 44-FZ "" (hereinafter - Law No. 44-FZ) are responsible for the head of the legal expertise department of B2B-Center and the legal adviser of B2B-Center.

In this material, you will learn whether one institution can appoint several contract managers, how to correctly calculate 5% of the total annual volume Money, what is meant by the stage of execution of the contract for the purposes of conducting a mandatory examination and how Law No. 44-FZ resolves the issue of the names of goods.

Article 94 of Law No. 44-FZ provides for a mandatory examination based on the results of each stage of contract execution. In our institution, the delivery of certain food products (bread, dairy products) is carried out every day with the issuance of a consignment note and an invoice. Is it necessary to conduct an examination of the delivered goods for each delivery?

KGUZ DPS Pionerskaya Rechka

Yes, the acceptance of the goods is an element of the execution of the contract in accordance with the provisions of . When making a purchase, an examination of the results stipulated by the contract is always carried out, regardless of the method of determining suppliers and the frequency of the stages of contract execution. Law No. 44-FZ lists cases of mandatory involvement of experts or expert organizations on the basis of an agreement (). The case described by you is not included in such a list, therefore, in this situation, you have the right to conduct an examination on your own.

Can an accountant working under a civil law contract be appointed as a contract manager?

City Duma

The customer can accept a new employee for the position of contract manager or transfer an employee from another position to it. If a person who performs his duties under a civil law contract is appointed as a contract manager, and subsequently he will perform the duties of a manager on a permanent basis, it seems reasonable to make him a full-time employee.

The fact is that Law No. 44-FZ does not unambiguously determine which contract should be concluded - civil or labor. However, from the interpretation of its norms, we can conclude that the legislator implied the existence between the customer and the contract manager of precisely labor relations:

• defines a contract manager as "executive responsible for the implementation of the purchase or several purchases"- therefore, we are talking about the employee, and not about the service provider under a civil law contract. In addition, the law says that the bankruptcy trustee "appointed", which implies the existence of an employment relationship;
• members of the contract service, performing functions similar to those of the bankruptcy trustee, are named exactly "employees".

In addition, if your organization constantly involves a contract manager under a civil law contract in the procurement, such an agreement can be recognized by a labor court - at the request of the contract manager or the labor inspectorate ().

Regardless of the legal basis on which the contract manager performs his functions, he must have the appropriate education. In accordance with until January 1, 2017, a contract service employee or contract manager may be a person who has 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.

There are three possible options appointment of a contract manager:

• hiring a new employee for the position of a contract manager (or other position with similar functionality) with a conclusion employment contract;
• transfer of an employee to the position of a contract manager (or another position with similar functionality) with the conclusion of an agreement on changing the terms of the employment contract determined by the parties;
• combination of positions by an employee of the organization according to the rules (at the same time, in accordance with the employee, an additional payment is made, and in his job description appropriate changes are made).

FORMS


(instruction) on hiring an employee (Form No. T-1)

(instruction) on the hiring of employees (Form No. T-1a)

(Form No. T-3)

(instruction) on the transfer of an employee to another job (Form No. T-5)

(instruction) on the transfer of employees to another job (Form No. T-5a)

on the appointment of an official responsible for procurement (contract manager)

contract manager

Other forms, samples and forms of documents according to No. 44-FZ can be found in the section ""

Can the customer appoint not one, but several contract managers without creating a contract service?

Usenkova Vera Alekseevna

Create contract services customers whose annual volume of purchases in accordance with the schedule exceeds 100 million rubles are obliged. The contract manager, according to the provisions, is an official responsible for the implementation of a procurement or several procurements, including the execution of each contract.

Law No. 44-FZ does not expressly prohibit the appointment of several contract managers. Consequently, the functions of a contract manager may be assigned to one or more employees, each of whom accompanies a purchase or several purchases.

From the interpretation of the provisions of Law No. 44-FZ, it can be concluded that the total annual volume does not include the prices of contracts that are executed in a year other than the purchase was announced.

We have to organize a lot of small purchases for a small amount (2-3 thousand rubles), while urgently and unpredictably. Do we have to prepare an appropriate package of documentation for each such purchase and conclude a contract?

Department of Information Research and legal work;
TOGBUK "Scientific and methodological center folk art and leisure"

Yes, contracts are concluded for all purchases, including 2-3 thousand rubles. When making a purchase up to 100 thousand rubles. it is possible to carry it out by purchasing from sole supplier. In this case, it is necessary to justify the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract in accordance with this article.

State-financed organization at the end of last year, adopted and posted on the Public Procurement Portal approved by the head of the institution the Regulations on Procurement at the expense of funds received in the course of other income-generating activities. Is this Regulation valid in connection with the changes introduced by the Federal Law of December 28, 2013 No. 396-FZ "On Amendments to Certain Legislative Acts Russian Federation"or is it necessary to accept and approve something else?

Sergei Konovalov

Are the requirements for the names of goods of the same name preserved in any form in Law No. 44-FZ, and is it necessary to be guided by the order of the Ministry of Economic Development of Russia dated June 7, 2011 No. 273 "On approval of the range of goods, works, services for the needs of customers"?

Avilova Natalya Alexandrovna

The concept of "homonymity" Law No. 44-FZ does not contain. the concepts of "identical" and "homogeneous" goods are fixed. The customer decides on the issue of identity or homogeneity independently, guided by the approved order of the Ministry of Economic Development of Russia dated October 2, 2013 No. 567.

Order of the Ministry of Economic Development of Russia dated June 7, 2011 No. 273 "" was issued in pursuance of the Federal Law dated July 21, 2005 No. 94-FZ "", and therefore is not currently applied.

According to Law No. 44-FZ, we must indicate the product code according to All-Russian classifier products by type economic activity(OKPD). If we need to purchase 300 items of stationery, do we need to indicate 300 OKPD codes (paper clips, paper, markers, stickers, etc.)?

Natalya Novikova

Until January 1, 2015, the preparation and placement of schedules on the official website are carried out in accordance with and in accordance with the approved order of the Ministry of Economic Development of Russia and the Federal Treasury of December 27, 2011 No. 761 / 20n, taking into account the orders of the Ministry of Economic Development of Russia and the Federal Treasury dated September 20, 2013 No. 544/18n (). This requirement implies the inclusion of the OKPD code in the schedule with the obligatory indication of the class, subclass, group, subgroup and type of the procurement object for each lot.

The current contract system does not know the concept of "position", and therefore the rules on multi-lot purchase apply to multi-item purchases (see, for example,). Therefore, in the situation formulated in the question, it is required to indicate the OKPD code for each position (lot) of the purchased products.

From January 1, 2015, Decree of the Government of the Russian Federation of November 21, 2013 No. 1044 "" will come into force, where instead of the OKPD code appears identification code procurement, the rules for the formation of which, according to, are established by the Ministry of Economic Development of Russia.

In accordance with Part 1 of Art. 30 of Law No. 44-FZ, the share of participation of small businesses should be at least 15% of the total annual volume of purchases, provided by the schedule. Our schedule includes a purchase for a total amount of 171 million rubles, the work will be carried out for three years (from 2014 to 2016 inclusive). Should the specified purchase be included in the calculation for determining the share of participation of small businesses?

V. N. Koroleva

If it is a single purchase, as formulated in the question, then it should not be included in the calculation for determining the share of participation of small businesses, even if they are carried out for three years. The fact is that, according to the rules, the purchase is included in the calculation for determining the share of participation of small businesses only if its initial (maximum) price is no more than 20 million rubles. - in your case, this value is obviously more than 20 million rubles.

Do you have any questions? We are waiting for your letters to E-mail: .

We invite you to discuss the application of Law No. 44-FZ on our site.

Hello dear colleague! As you know, for procurement under contract system(44-FZ) The customer must appoint a contract manager or create a contract service. The decision to choose between the creation of a contract service or the appointment of a contract manager depends on the size of the total annual purchase volume of the Customer. In this article, we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and duties he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy in a contract manager. ( Note: this article was updated on 01/03/2018).

1. Who is a contract manager?

Contract Manager - the official responsible for the implementation of the procurement or several procurements, including the execution of each contract.

A contract manager is appointed when the total annual volume of purchases (abbreviated as SPO) of the Client does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for certain sectors of procurement activities. So, for example, one contract manager may be engaged in the procurement of construction and repair work, the second purchase of food, the third purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can buy a contract manager book.

2. Contract service or contract manager?

Customers whose cumulative annual purchases >100 million rubles , create contract services (with the creation of a special structural unit is optional). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. at SHOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Obligations of a contract manager under 44-FZ

According to part 4 of article 38 of 44-FZ, the duties of a contract manager include:

1. development, preparation of changes to be included in the procurement plan, placement in the procurement plan and the changes made to it;

1. development, preparation of changes to be included in the schedule, placement in a single information system of the schedule and the changes made to it;

1. preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

1. procurement, including the conclusion of contracts;

1. participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and preparing materials for the performance of claim work;

1. organization, if necessary, 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 and municipal needs;

1. other powers provided for by 44-FZ.

A detailed list of the functions and powers of the contract service (contract manager) is contained in Section II of the model provision (regulation) approved.

Important point! According to part 3 of article 38 of 44-FZ, the contract service operates in accordance with the regulation (regulation) developed and approved on the basis of the model regulation (regulation) approved by the federal executive body for regulating the contract system in the field of procurement. Article 38 44-FZ does not provide obligations of the Customer to develop and approve the regulations for the contract manager.

4. Contract manager requirements for the position

According to part 6 of article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to part 23 of article 112 of 44-FZ, until January 1, 2017, a contract manager 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 (i.e. .training according to 94-FZ).

5. Contract manager under 44-FZ: job description

The Customer has 3 possible options for appointing a contract manager:

Option number 1— Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar duties and powers;

Option number 2— Transfer a full-time employee to the position of a contract manager (or a similar position) with the conclusion of an agreement on changing the terms of the employment contract;

Option number 3— Agree with a full-time employee the possibility of combining positions in accordance with the rules of Article 60.2 of the Labor Code of the Russian Federation (at the same time, in accordance with Article 151 of the Labor Code of the Russian Federation, an additional payment is made to the employee, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning a CG should be as follows:

• introduction of a new position in the organization's staffing table;

• development of a job description for CU ( Note: As a rule, the job description consists of several sections - general provisions, job duties, rights and responsibilities);

• issuing an order to appoint an official responsible for procurement (i.e. a contract manager).

Also, part 2 of article 12 of 44-FZ establishes that the officials of the Customers are personally responsible for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ).

7. Contract manager: training and professional standard

According to part 1 of article 9 of 44-FZ, the contract system in the field of procurement provides for the implementation of the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers, specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (part 2 of article 9 44 -FZ).

As I said earlier, until January 1, 2017, a contract manager can be a person who has 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 (part 23 of article 112 of 44-FZ).

In addition, 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 Classification of Workers' Occupations, Positions of Employees and Wage Categories).

The professional standard "Specialist in the field of procurement" (qualification level from 5 to 8) was developed for a group of positions:

• Procurement Specialist;
• Leading Specialist;
• contract worker;
• contract manager;
• Purchasing consultant;
• Deputy head of department;
• Head of department;
• Contract manager;
• Advisor;
• Supervisor.

The professional standard "Expert in the field of procurement" (qualification level from 6 to 8) was developed for a group of positions:

• Purchasing consultant;
• Senior Purchasing Specialist;
• Procurement expert;
• Deputy head/director (department, department, organization);
• Head/director (department, department, organization);
• contract manager;
• Contract manager.

In line with professional standards specialist in the field of procurement must have:

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

BUT expert should have:

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

For the second group of positions (i.e. “Expert in the field of procurement”), it is mandatory not only to have the appropriate education, but also work experience - at least 5 years in the field of procurement, including in senior positions at least 3 years .

8. Search for a vacancy of a contract manager

I am often asked - "Where can I find a vacancy for a contract manager?". In fact, finding a job as a contract manager is as easy as shelling pears. To get started, I recommend that you look at the most popular online job search sites:

1. www.hh.ru (HeadHunter);
2. www.superjob.ru (SuperJob);
3. www.rabota.ru (Rabota);
4. www.job.ru (Job);
5. www.avito.ru (Avito).

In addition, you can go to the websites of administrations or the websites of state (municipal) customers, where sometimes there are announcements about the search for procurement specialists.

Sometimes such ads are posted on or in thematic groups and communities in social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next editions.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

"On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) has been actively used for several years, strictly regulating the norms of procurement activities for state and municipal customers, issues of acceptance and conduct expertise of supplied goods, works and services is not getting smaller.

By delimiting the concepts of acceptance and examination, as well as introducing the definitions of experts and expert organizations, the authors of the law made it clear that in the second case, we are talking about a more thorough procedure for checking the supplied goods, works and services for compliance with established requirements with the participation of specialists with a high level of qualification and special knowledge in any specific area to which the object of procurement belongs.

Practical features of the examination

The right given to customers, and in some cases the obligation to engage third-party experts, is undoubtedly able to exclude situations where the person accepting any goods did not have sufficient knowledge to check the proposed goods for compliance with the requirements of the terms of reference and documentation on purchase.

Everyone who works with Law No. 44-FZ in practice knows many similar examples.

But the good intentions of legislators are shattered by the harsh reality of the everyday life of a contract manager, working within the budget limits brought to the organization.

Recall that, according to Part 3 of Law No. 44-FZ, in order to check the supplied goods, works or services for compliance with the terms of the contract, the customer is obliged to conduct an examination, which can be carried out both by the customer himself, and with the involvement of experts and expert organizations.

At the same time, third-party experts are involved through the conclusion of contracts under Law No. 44-FZ. At the same time, part 4 of the same article stipulates cases in which the customer is obliged to involve experts.

In practice, the involvement of experts entails a number of problems, the most relevant of which are:

• finding funds to pay for the services of experts;
• search for these most highly qualified and, importantly, conscientious experts and expert organizations that will not disappear immediately after payment for their services.

Who has the right to carry out the examination?

Due to the presence of a number of difficulties and issues in the case when it comes to internal expertise, customers tend to manage on their own. But who exactly has the right to carry out the examination? Directly by an employee who is part of the contract service (contract manager) or any representative of the organization? Let's figure it out.

In accordance with the Professional Standard of a Procurement Specialist approved by the Ministry of Labor and Social Protection of the Russian Federation, one of his job functions is the examination of procurement results. At the same time, Law No. 44-FZ and the specified Professional Standard establish requirements for the presence of a special education for such a person.

Does this mean that the examination cannot be entrusted to a representative of the organization who is not a contract manager or contract service worker?

Let us turn for clarification to the Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 No. 631, which states that the functions of the contract service include organizing the acceptance of products, including conducting its examination. In this case, we are talking about the organization of the procedure, and not about its actual implementation.

Thus, the functions of conducting an examination can be assigned to a person who is not part of the contract service and is not a contract manager, by any order or instruction in the manner prescribed by the rules of the internal document flow of the organization.

About education requirements

As for the requirements for the presence of special education, since in this case we are talking about persons who are not part of the contract service and are not contract managers, the requirements of Law No. 44-FZ do not apply to them.

Conclusion

From the foregoing, it follows that the responsibility for conducting an internal examination can be assigned to any representative of the customer organization who is not part of the contract service and is not a contract manager, regardless of whether he has a special education in the field of procurement.

According to part 2 of Art. 38 of the Law on the contract system, in the event that the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract ( hereinafter referred to as the contract manager).
In accordance with Part 4 of Art. 38 of the Law on the contract system, the contract manager performs the following functions and powers:

1. develop a procurement plan, prepare changes to be introduced into the procurement plan, place the procurement plan and the changes made to it in the unified information system;
2. develop a schedule, prepare changes to be included in the schedule, place the schedule and the changes made to it in a single information system;
3. carry out the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, the preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
4. ensure the implementation of procurement, including the conclusion of contracts;
5. participate in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepare materials for the performance of claim work;
6. if necessary, organize consultations with suppliers (contractors, performers) at the procurement planning stage and participate 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 ;
7. exercise other powers provided for by the Law on the contract system.
In addition, according to part 3 of Art. 94 of the Law on the contract system, in order to verify the results provided by the supplier (contractor, performer), provided for by the contract, in terms of their compliance with the terms of the contract, the customer is obliged to conduct an examination. Examination of the results stipulated by the contract may be carried out by the customer on its own or experts, expert organizations may be involved in its conduct on the basis of contracts concluded in accordance with the Law on the contract system.
Also in accordance with Part 6 of Art. 94 of the Law on the Contract System, by decision of the customer, for the acceptance of the delivered goods, work performed or services rendered, the results of a separate stage of contract execution, an acceptance committee may be created, which consists of at least five people.
Taking into account the above, in our opinion, within the framework of the exercise of other powers provided for by the Law on the contract system, the contract manager may conduct an examination of the results provided for by the contracts, if the customer conducts the examination on his own.

Another important quality of a public procurement specialist is high efficiency. As mentioned above, in small organizations, a public procurement specialist usually also performs the functions of an accountant, lawyer or economist.

Job responsibilities of a procurement specialist 44 fz sample

Therefore, a small volume of purchases in such organizations will be accompanied by an additional burden. And in large organizations where the volume of purchases is large, the public procurement specialist will have to work for three. If you are not ready for a constant workload and periodic hands-on work, this job is not for you.

Basic concepts

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 under 44-FZ is an official of the customer who is responsible for the implementation of one or more public procurements, including the execution of each contract.

From January 1, 2017, a contract manager must have a higher education or additional professional education in the field 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.

We draw up a job description for a public procurement specialist

If it exceeds, then a special service is created in the organization on the basis of a 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. At the same time, the requirements of the labor legislation of the Russian Federation must be observed (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;
• regulatory legal acts that regulate the scope of public procurement in Russia;
• job description of a contract manager of a budgetary institution or regulation on a contract manager 2018.

Appointment order

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, a unified form has not been developed either, so you can draw it up in free form on the letterhead of the organization.

The order should refer to article 38 of the Law on the 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 of necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
• conducting procurement procedures (creating and posting in the Unified Information System notices, procurement documentation, a 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.

The sphere of public procurement is one of the most dynamic in modern legislation. At the same time, sanctions (including personal ones) for non-compliance with the law in this area are quite large. However, the number of people who want to get the position of a public procurement specialist is not decreasing, apparently because young people often do not fully understand what exactly a public procurement specialist should know and be able to do and what is included in his immediate duties.

Let's try to briefly talk about what a novice public procurement specialist should know and be able to do.

What education should a public procurement specialist have?

In the fall of 2015, this area was finally put in order. If earlier the concepts of “contract manager” or “public procurement specialist” were only general phrases, and people who were engaged in public procurement held the positions of lawyers, economists or accountants, now there are a number of positions with requirements for their applicants.

The general requirements are: higher or secondary vocational education (depending on the position), advanced training or retraining program, as well as work experience. These requirements are detailed in professional standards.

As a rule, most often people with a legal, economic or accounting education become specialists in public procurement. Moreover, in small organizations, they get work with purchases in addition to their main responsibilities. And only large organizations (both customers and suppliers) can afford an individual employee or even an entire contract service.

What knowledge should a public procurement specialist have?

The answer to this question is simple and complex at the same time. To begin with, a future public procurement specialist should have at least a superficial knowledge in areas such as law, accounting and contract work. If this knowledge is not available, the job may not be possible, especially if the person has to become the only public procurement specialist in the organization. It is also important to understand at least a little the specifics of the organization.

These requirements are due to the fact that people involved in procurement on the part of the customer must plan the necessary purchases, carry them out, conclude contracts, and then accept works, goods, services and draw up relevant documents. And specialists working on the side of suppliers should be engaged in the search for purchases of interest to their organization, the preparation of proposals, the conclusion of contracts, etc., therefore, in order to find a suitable purchase, you need to understand what exactly your organization offers.

The next stage is the completion of advanced training courses in public procurement. For specialists working on the part of the customer, this stage is mandatory (if you look at the offered vacancies, a certificate of advanced training is almost the only mandatory requirement for applicants for this position). For specialists who want to work in the field of public procurement on the part of the supplier, this stage is desirable, because without it, to understand all the intricacies of Federal Law No. 44-FZ of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and other related legislative acts is extremely difficult.

At the same time, it should be understood that taking courses will not make you a real specialist. The courses will give you theoretical and, perhaps, some practical knowledge that you will have to supplement on your own. And therefore - a few words about personal characteristics.

What Qualities Should a Public Procurement Specialist Have?

Trite, but a public procurement specialist should be a very attentive person. This is the very area where a mistake in the date can lead to huge fines both for the organization and personally for the person who made the mistake. An inattentive reading of the supplier's documentation may result in their organization not being allowed to participate in a very lucrative tender or, even worse, in the fact that the organization will not be able to fulfill its obligations and fall into the register of unscrupulous suppliers, losing the ability to accept participation in public procurement.

Since public procurement legislation tends to change regularly, a person working in this area must have a good learning ability. Continuous professional development (we are talking not only about courses, but also about self-education) is an integral part of the work of a public procurement specialist.

Another important quality of a public procurement specialist is high efficiency.

Job description

As mentioned above, in small organizations, a public procurement specialist usually also performs the functions of an accountant, lawyer or economist. Therefore, a small volume of purchases in such organizations will be accompanied by an additional burden. And in large organizations where the volume of purchases is large, the public procurement specialist will have to work for three. If you are not ready for a constant workload and periodic hands-on work, this job is not for you.

Re: Inclusion of a contract manager in the staff list

Alena Kukolkina» 08 Sep 2016, 11:24

AlenaKukolkina wrote: Is it necessary to include a contract manager in the staff list? Is it necessary to introduce a separate staff unit?

Both a contract manager and an employee of a contract service (including its head) can only be an employee of the customer (see part 1 - 3 of article 38 of Law N 44-FZ, paragraphs 6, 9 of the Model Regulation ( regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631, letter of the Ministry of Economic Development of Russia dated January 31, 2014 N OG-D28-834).
Therefore, the assignment to employees of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, is possible only in accordance with labor legislation (see also the answer to question 2 in the annex to the letter of the Ministry of Economic Development of Russia dated September 30, 2014 N D28I-1889).
At the same time, as follows from the letter of the Ministry of Economic Development of Russia dated September 17, 2014 N D28i-1782, the official who is entrusted with the duties of a contract service employee, contract manager, is the relevant subject, regardless of the title of the positions in the staff list. Accordingly, the customer can either enter into the staffing table certain positions of contract service workers, contract manager, or not do this.
Depending on whether individual positions are included in the staffing table, the ways in which the necessary functions and powers are assigned to contract service workers and the contract manager are also different. At the same time, new staff units can be introduced both in the case of the formation of a contract service in the form of a separate structural unit, and in the case when such a unit is not formed. In addition, in each of these cases, it is possible to assign the duties of a contract service worker to an already working employee.
Moreover, according to the opinion of the Ministry of Economic Development of Russia, reflected in a letter dated 04.06.2015 N D28i-1514, an already existing structural unit can be endowed with contract service functions, and it does not have to be called "contract service" in the staffing table (see, for example , p. 5 of the Regulations on the contract service of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of Russia dated March 31, 2014 N 51, according to which the contract service is a separate structural unit - the Department of Case Management).
Consider each of the methods of laying on workers specified in Part 4 of Art. 38 of Law N 44-FZ of functions and powers.

1. In the staff list of the customer, separate positions of employees of the contract service, contract manager have been introduced.
In this case, it is implied that there are independent staff units in the customer's staffing table.
Occupation of vacant positions of employees of a contract service, a contract manager can be carried out by any of the methods provided for by the Labor Code of the Russian Federation, namely by:
– conclusion of an employment contract with the employee at the main place of work or part-time (internal or external);
- transfer of an already working employee to the appropriate position in the manner prescribed by Art. 72 - 72.2 of the Labor Code of the Russian Federation.
It is also possible to entrust an already working employee with additional work as a contract service employee or contract manager by combining positions in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In such a situation, the staff unit will remain vacant.
In all these cases, work as a contract service employee, contract manager is paid (part one, article 15, part one, article 60.2, article 151 of the Labor Code of the Russian Federation).

2. The staff list of the customer does not provide for separate positions for employees of the contract service, contract manager.
In this case, only employees of the customer who are already working in other positions can perform the duties of employees of the contract service, the contract manager.
If initially the position of the employee does not imply the performance of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, then within the framework of labor relations it is necessary to change the terms of the employment contract by agreement of the parties in the usual manner in accordance with Art. 72 of the Labor Code of the Russian Federation, as well as the job description. The change in wages in this case is also made by agreement of the parties. At the same time, there are no norms of the Labor Code of the Russian Federation obliging to increase wages when the scope of duties of an employee changes.
If the labor duties performed by the employee in accordance with the employment contract and job description do not differ from those that he must perform after obtaining the status of a contract worker or contract manager, then from the point of view of the Labor Code of the Russian Federation, the labor function does not change, which means that there is no need to amend the employment contract previously concluded with such an employee.
Nevertheless, amend the employment contract in the manner prescribed by Art. 72 or 74 of the Labor Code of the Russian Federation, will be required if a decision is made on:
- renaming the employee's position;
- renaming the structural unit in which the employee works, if the condition on the structural unit is a condition of the employment contract.

Regardless of the method chosen by the employer for formalizing relations with contract service employees, contract managers, the employer must ensure that the qualifications of such employees comply with regulatory requirements. According to part 6 of Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
In addition, in accordance with Art. 195.3 of the Labor Code of the Russian Federation if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. In other cases, the characteristics of the qualifications contained in professional standards are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.
The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 625n, the professional standard "Expert in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 626n.
Thus, in terms of the qualification requirements established by Part 6 of Art. 38 of Law N 44-FZ, these professional standards are mandatory. It should be noted that these professional standards often establish more stringent requirements for the qualifications of employees than those provided for by the above norm of Law N 44-FZ. So, for example, in relation to employees performing duties assigned to individual generalized labor functions, there are requirements for work experience.

Procurement Specialist

These requirements under Art. 195.3 of the Labor Code of the Russian Federation are advisory in nature for the employer, since Law N 44-FZ does not establish them. A similar point of view is expressed in the letter of the Ministry of Economic Development of Russia dated June 27, 2016 N D28i-1744. Alena Kukolkina Specialist of the State Procurement Committee of the Republic of Tatarstan Messages: 450Registered: 01 Jul 2014, 06:34

Unified qualification directory of positions of managers, specialists and other employees (CEN), 2017
Qualification directory of positions of managers, specialists and other employees
Sections "General industry qualification characteristics of positions of employees employed at enterprises, institutions and organizations" and "Qualification characteristics of positions of employees employed in research institutions, design, technological, design and survey organizations", approved by Decree of the Ministry of Labor of the Russian Federation of 08.21.1998 N 37
(version dated 05/15/2013)

Purchasing agent

Job responsibilities. Carries out work on the purchase of agricultural products of its own production from the population in accordance with the contracts that determine the nature and volume of supplies, as well as their payment. Travels to agricultural areas, identifies potential suppliers (sellers) of their products, concludes sales contracts. Conducts explanatory work among the population on the procedure for concluding sales contracts on mutually beneficial terms, takes measures to establish long-term relationships with agricultural producers. Carries out quality control of purchased products. Prepares, in accordance with the established procedure, documentation for purchased products, orders containers and vehicles for its transportation. It controls the availability of the necessary devices and the sanitary condition of vehicles intended for transportation, the correctness of loading and unloading operations and the rational placement of products.

POINT-V.RU

Sends the purchased products to the address of the guarantor, accompanies the goods along the way, observing the sanitary requirements and rules for storing products during transportation, and facilitates their timely delivery. Monitors compliance with labor protection requirements during loading and unloading operations. Hands over the delivered products, draws up the established acceptance documentation.

Must know: regulatory legal acts, regulations, instructions, other guidance materials and documents relating to the procedure for concluding contracts with suppliers; fundamentals of a market economy; organization of work on the purchase of agricultural products; fundamentals of labor, financial and economic legislation; methods of business communication; methods and means of determining the quality of purchased products; organization of loading and unloading operations; rules and procedure for acceptance, dispatch and delivery of products, ordering containers and vehicles; conditions of storage and transportation of purchased products; forms and procedure for registration of acceptance documents; basics of labor organization; internal labor regulations; labor protection rules and regulations.

Qualification requirements. Secondary (complete) general education and special training according to the established program without presenting requirements for work experience.

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The above qualification characteristics of the position "Procurement Agent" are intended to address issues related to the regulation of labor relations and the provision of an effective personnel management system in various organizations. Based on these characteristics, a procurement agent job description is developed, containing the rights and responsibilities of the employee, as well as a specific list of his job responsibilities, taking into account the characteristics of the organization and management of the enterprise (institution).

When compiling job descriptions for managers and specialists, it is necessary to take into account the general provisions for this edition of the directory and the introduction with general provisions for the first issue of the job directory.

We draw your attention to the fact that the same and similar job titles may appear in different editions of the CSA. You can find similar titles through the job directory (in alphabetical order).

All articles Contract service and contract manager as a tool for implementing the principle of professionalism of the customer in the contract system of the Russian Federation (Andrianova V.N.)

The main advantage 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 - Law N 44-FZ) is its focus on improving the professionalism of personnel in the field of public procurement and, as a result, the transition to procurement on a professional basis.

Article 9 of Law N 44-FZ establishes the principle of professionalism, which means that activities in the field of procurement for state and municipal needs should be carried out with the involvement of qualified specialists who have theoretical knowledge and skills in the field of procurement. Customers are obliged to take measures to maintain and, accordingly, improve the level of qualifications and professional education of officials who carry out their activities in the field of procurement. One of the ways is staff development courses and professional retraining in the field of procurement.

However, in our opinion, the most productive way to train qualified personnel employed in the field of procurement for state and municipal needs will be the creation of separate departments at the law faculties of Russian universities. Thus, the employee will study the specifics of this work in more depth, and after graduation will increase the level of his knowledge in terms of studying novelties of the legislation of the Russian Federation. It seems necessary to develop a training program for the training of highly qualified specialists in procurement activities. This will increase the level of services provided to all counterparties of procurement activities.

In international practice, there are various approaches to training employees of procurement departments. There are examples where procurement specialization can be obtained in bachelor's and master's programs. For example, in the United States of America there are several large educational institutions such as Arizona State University, Bowling Green State University, George Washington University, Miami University, Michigan State University and Western Michigan University, where you can get a bachelor's degree in purchasing, materials, supply, supply chain, logistics management. In addition, some institutions offer certified procurement-related programs or courses for both full-time and part-time students. A number of institutions, including Arizona State University, Michigan State University, and Howard University, offer a supply chain management specialization as part of the MBA. In Canada, the Richard Ivey School of Business has been offering a procurement and supply chain course for graduates and more advanced individuals for over a decade. In a number of universities, in particular HEC, Laval and Victoria, you can get higher education in these specialties.

It should also be noted that in September 2015, the Ministry of Labor and Social Protection of Russia approved the professional standards of a specialist and expert in the field of procurement, developed in pursuance of Art. 195.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and designed to ensure the principle of professionalism of the customer. According to Art. 195.3 of the Labor Code of the Russian Federation, which will come into force on July 1, 2016, such standards (they are also established in part 6 of article 38 of Law N 44-FZ) will be mandatory only in terms of education requirements in the field of procurement. According to this provision of the Law, contract service employees and a contract manager must have higher education or additional professional education in the field of procurement. Professional standards are divided into four levels of classification - 5th, 6th, 7th, 8th. Level 8 can be obtained by a person with at least five years of experience in procurement, including at least two years in managerial positions.

The principle of professionalism is manifested in the obligation of customers to create contract services or appoint contract managers.

Customers, whose total annual volume of purchases exceeds 100 million rubles, create contract services. If the total annual volume of purchases of the customer does not exceed 100 million rubles. and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager) (parts 1, 2 of article 38 of Law N 44-FZ).

The specified norm does not prohibit customers, whose total volume of purchases does not exceed 100 million rubles, to create contract services. We are talking about the individual approach of each customer, taking into account the specifics of activities and the distribution of responsibilities in the organization. However, in our opinion, the creation of a contract service will organize the work of the customer in the most rational way, therefore, the creation of a service in this case will positively affect the procurement procedure. If the customer's total annual volume of purchases in accordance with the schedule does not exceed 100 million rubles. and a contract service has not been created, then according to Part 2 of Art. 38 of Law N 44-FZ, he is obliged to introduce a contract manager into the structure of the organization - an official responsible for the implementation of the purchase or several purchases. That is, in fact, a contract manager is an employee of the customer's organization who solely performs the functions of a contract service.

According to Law N 44-FZ, contract service employees and a contract manager must have higher education or additional professional education in the field of procurement, then the members of the procurement commission are required to undergo professional retraining or advanced training in the field of procurement, as well as the availability of special knowledge, relating to the object of the procurement. That is, more than 50% of the number of members of the commission must be trained and have a document that confirms the advanced training or professional retraining.

It seems to us that in order to properly implement the principle of professionalism of the customer (Article 9 of Law N 44-FZ), it is necessary to legislatively provide for uniform legal requirements for the educational level of persons making purchases.

The contract services of the customer act in accordance with the regulation (regulation), which was developed and approved on the basis of the Model Regulation (regulation), approved by Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631. To date, all customers have developed such provisions and approved.

In accordance with the standard provision, the scope of authority of contract services includes:

— procurement planning;

— organization at the procurement planning stage of consultations with suppliers (contractors, contractors) 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 and municipal needs;

— justification of purchases;

— justification of the initial (maximum) price of the contract;

— mandatory public discussion of procurement;

— organizational and technical support for the activities of procurement commissions;

— attraction of experts, expert organizations;

— preparation and placement in a unified information system in the field of procurement of a notice of procurement, procurement documentation, draft contracts;

— preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

– consideration of bank guarantees and organization of the payment of monetary amounts under a bank guarantee;

- organization of the conclusion of the contract;

- organization of acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services provided for by the contract, including the examination of the delivered goods, results of work performed, services rendered, in accordance with federal law, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

– organization of payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution;

– interaction with the supplier (contractor, performer) when changing, terminating the contract;

— organizing the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

- sending to the supplier (contractor, performer) a demand for payment of penalties (fines, penalties);

– participation in the consideration of cases on appealing the actions (inaction) of the customer and the preparation of materials for the performance of claim work.

As follows from the above list, the contract service has a lot of powers, and, accordingly, the professionalism of the employees who perform these functions should correspond and grow with them.

At the same time, the indicated model provision is of a framework nature and, accordingly, lists the powers and functions of the contract service, but does not determine the procedure for their implementation. In our opinion, for the effective functioning of the contract service, it is necessary to develop a regulation on the actions of the contract service. It will make it possible to regulate relations arising from the procurement of goods, works, services for the needs of the customer, to determine the actions of the contract service for the exercise of its powers, as well as the procedure for interacting with other divisions of the customer, including with procurement commissions (when planning procurement, determining suppliers (contractors, performers), when concluding and executing government contracts).

An important element of the procurement for the customer is the organization of the procurement. It, as you know, begins with the implementation of its planning and preparation of procurement plans, schedules, their coordination.

The contract service of the customer needs to maintain an internal register of purchases that they carry out. This register organizes and fixes all procurement documents, ensures their interconnection. Each purchase before the formation of a notice of the purchase is assigned an individual number, which allows it to be identified.

Order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631 "On Approval of the Standard Regulations (Regulations) on Contract Service" establishes the procedure for the formation of a contract service. In particular, the contract service includes at least two people, officials or employees of the contract service, who are recruited from among the employees of the customer.

The contract service is headed by a manager who is appointed and dismissed by the customer.

There are several options for creating a contract service: the formation of a separate structural unit or the approval by the customer of a permanent staff of its employees who perform the functions of a contract service without forming a separate structural unit.

Job responsibilities of a contract service employee and a contract manager should be reflected in job descriptions. In particular, at present there are no special regulatory requirements for local regulations governing the activities of a contract manager. Therefore, in practice, the duties of this employee are determined in the employment contract and specified in the job description.

The job description regulating the activities of the contract manager is approved by order of the head of the customer organization, and this employee gets acquainted with it against signature. It covers all powers under Art. 38 of Law N 44-FZ, which, if necessary, are subject to clarification (concretization).

We believe that, since Art. 38 of Law N 44-FZ allows for a broad interpretation, the contract manager may be assigned duties that are not provided for by this rule. They should not prevent him from fulfilling his obligations under Art. 38 of this Law. However, some provisions of this rule, as a rule, will have to be duplicated. For example, it is advisable to formulate the requirement for education in an employment contract and job description as it is set out in part 6 of the analyzed article. 38: "higher education or additional professional education in the field of procurement." Given that at present the legislator does not establish any specific requirements for higher or additional professional education in the field of procurement, in practice such education is considered to be any education of the appropriate level that is directly related to procurement (and, judging by the wording of the Law, not necessarily to public procurement).

As noted, according to Part 23 of Art. 112 of Law N 44-FZ, until 2016, the contract manager must have 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. In 2016, contract managers will need to retrain under the new federal curriculum.

The job description must also reflect that information about the contract manager is placed in the tender documentation (clause 12, part 1, article 50 of Law N 44-FZ), documentation on the electronic auction (clause 10, part 1, article 64 of Law N 44 -FZ), notification of a request for quotations (clause 4, part 1, art.

Purchasing Economist Job Description

73 of Law N 44-FZ), documentation on the request for proposals (clause 8, part 6, article 83 of Law N 44-FZ).

We believe that when developing the job description in question, it is possible to use the previously designated draft standard provision (regulation) of the contract service, prepared and published by the Ministry of Economic Development of Russia. It should be borne in mind that Part 4 of Art. 38 of Law N 44-FZ does not distinguish between the powers of a contract manager and a contract service, they are largely identical. This also applies to the powers of the procurement commission. For example, the powers of the contract manager include ensuring the implementation of the procurement, including the conclusion of contracts (clause 4, part 4, article 38 of Law N 44-FZ). This authority can also be attributed to the functions of the procurement commission. Therefore, if the total annual volume of purchases exceeds 100 million rubles. the authority to place an order will be exercised simultaneously by the customer, the contracting service and the procurement committee or, if the contracting service is not created by the customer, by the customer, the contract manager and the procurement committee.

In view of the foregoing, we consider it appropriate to delimit in Law N 44-FZ the powers of the customer, the contract service, the contract manager and the procurement commission, and also to make up for the lack of legislation in terms of determining the powers of the customer's managers and the heads of contract services. The absence of such a distinction in the Law is an obstacle to bringing these officials to responsibility for violating the provisions of the legislation of the Russian Federation on the contract system.

Thus, the legal regulation of Law No. 44-FZ has a clear focus on improving the professionalism of personnel, which, in our opinion, will become a particularly important factor in the transition to electronic procurement.

Literature

1. NW RF. 2013. N 14. Art. 1652.
2. Procurement and Supply Management: Textbook / M. Linders, F. Johnson, A. Flynn, G. Fearon. Per. from English; ed. Yu.A. Shcherbanin. 13th ed. Moscow: Unity-Dana, 2012.
3. NW RF. 2002. N 1 (part I). Art. 3.
4. Yudina M. Knowledge is power // Information and analytical publication "Bulletin of operational information" Moscow auction ". 2015. N 14. P. 34 - 35.
5. Tasalov F.A. The contract system in the field of public procurement in Russia and the USA: a comparative legal study: Monograph. M., 2016. S. 85.

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