Contract manager. Appointment of a contract manager Road map of a contract manager under Federal Law 44

There is such a profession - to carry out procurement. She is called a contract manager. It is important to understand what tasks the legislation sets for the profession, and with it the leadership. Let's figure this out together.

A contract manager is an official who is appointed by the customer as responsible for procurement, including the execution of each contract (Article 38 of Law 44-FZ).

A contract manager is appointed if two conditions are met:

1. The total annual volume of purchases of the customer does not exceed 10 million rubles;
2. The customer does not have a contract service.

Functions and powers of the contract manager

And the contract manager is equally vested with the following functions and powers:

1. Prepare and place in the UIS:

• procurement plan and changes to it;
• schedule and changes to it;
• notices of procurement;
• procurement documentation;
• draft contracts;
• invitations to participate in identifying suppliers through closed means.

2. At the procurement planning stage, consultations with suppliers (contractors, performers) are organized and participate in them. They determine the best price for goods, works, services, the best technologies and other parameters.

3. Provide procurement, including the conclusion of contracts.

4. Participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for claim work.

5. Exercise other powers provided for by Law No. 44-FZ.

The contract manager bears responsibility within the limits of the powers he exercises (Part 5, Article 38 of Law No. 44-FZ).

Tasks of a contract manager

In addition to Law No. 44-FZ, there is a document “On approval of the standard regulations (regulations) on contract service” (hereinafter referred to as the Regulations). It was approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631. This provision can also be used for. After all, within the meaning of Part 1 of Art. 38 of Law No. 44-FZ, a contract manager is appointed instead of a contract service. Therefore, their functions must be completely identical.

The Regulations, which are more detailed than the law, list the functions and powers of the contract manager. The tasks facing the contract manager are specified in clauses 4, 5 and 15 of these Regulations.

Let us highlight the following tasks of the contract manager:

Task 1: organize and conduct the procurement process.

This must be done from start to finish: from planning to resolving disputes with suppliers and government agencies. Moreover, you need to start with yourself, since you can appoint a citizen with a higher education or additional professional education in the field of procurement as a contract manager.

This is a consideration of the most relevant and important topics. You will refresh your knowledge, learn all the innovations, and figure out how to properly participate in electronic trading. Webinars will be useful for both beginners and experienced professionals.

Task 2 is to work in accordance with the law.

The contract manager must be guided by:

• Constitution of the Russian Federation;
• Law No. 44-FZ
• Civil Code;
• Budget Code;
• regulatory legal acts on the contract system;
• other regulatory legal acts of the Russian Federation;
• provisions on the contract manager.

Task 3 is to conclude contracts that are beneficial to the customer.

The fulfillment of the first two tasks by the contract manager should lead to the implementation of the third task - contracts should be concluded on the most favorable terms. That is, the contract manager must ensure that exactly those goods, works and services that the customer really needs are purchased at the best possible price.

The goal of all activities of the contract manager is to summarize three tasks: saving budget funds when purchasing necessary goods, works and services, organized according to the rules defined by regulatory legal acts.

Obligations of the customer to the contract manager

The customer is obliged:

• not to negotiate with procurement participants until the winner of the supplier is identified, except in cases expressly provided for by law;
• not to allow the disclosure of information that became known to him during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by law;
• to prevent the emergence of grounds on which the concluded contract may be declared invalid by the court, including on such grounds as the personal interest of the contract manager in the conclusion and execution of the contract;
• not to allow violations of the legislation on the contract system in their work, which can lead not only to the imposition of a fine on the contract manager himself, as an official, but also on the customer, as a legal entity. For example, for failure to post a schedule on the official website, not only the contract manager can be fined 50,00 rubles, but also the customer, and for an amount 10 times more - 500,000 rubles (Part 3 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation).

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

Education requirements for contract service employees

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

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

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

Where to study

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

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

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

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

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

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

How to purchase educational services

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

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

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

Creation of a contract service

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

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

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

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

Question: Can one customer create several contract services?

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

Composition of the customer's contract service

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

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

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

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

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

Education requirements for contract service employees

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

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

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

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

Order on the creation of a customer contract service

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

What must be indicated in the order:

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

Who compiles: authorized official.

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

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

What does the contract service and contract manager do?

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

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

Functions of the contract service when determining suppliers:

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

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

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

Customer commissions

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

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

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

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

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

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

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

From the material you will learn which regulatory act to follow if a request for quotation was sent in 2013, and a meeting of the quotation commission will be held in 2014, whether the director of an institution can engage in procurement, whether the local district administration has the right to create a commission to identify suppliers for municipal institutions, what requirements are presented to the contract manager, who cannot be members of the procurement commission, what type of electronic signature is required to work in the unified procurement information system, as well as answers to other questions.

Features of the placement of schedules are established by the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n (hereinafter referred to as the Order).

Schedules are subject to posting on the official website no later than one calendar month after the adoption of the law (decision) on the budget (posting on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on placing orders for the supply of goods, performance of work, provision of services of order placement schedules for 2014 and 2015).

The placement of the schedule on the official website is carried out taking into account the established requirements, including:

• the name of the schedule indicates: “Schedule for placing orders for the supply of goods, performance of work, provision of services to meet state and municipal needs for ____ year” reflecting the year for which the schedule is being formed;
• in the appropriate columns provided for in the schedule form, the necessary information is indicated. So, in particular, in column 4 – ordinal number of the purchase (lot) carried out within the calendar year, assigned by the customer sequentially from the beginning of the year, regardless of the method of generating the schedule, in accordance with continuous numbering starting with one (clause 5 Features of posting on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about placement orders for the supply of goods, performance of work, provision of services (plans and schedules for placing orders for 2014 and 2015).

Taking into account the above, in our opinion, contracts concluded in 2013 are subject to reflection in the 2013 schedule.

Due to the entry into force on January 1, 2014, the Federal Law of July 21, 2005 No. 94-FZ "" lost its effect.

However, according to the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia, the placement of orders, notices of the implementation of which are posted on the official website or invitations to participate in which were sent before January 1, 2014, are carried out in accordance with the Federal Law of July 21, 2005 No. 94-FZ " ", including when:

• making decisions to make changes to the tender documentation, auction documentation, or refusal to hold tenders;
• clarification of the provisions of the bidding documentation;
• implementation of admission or refusal of admission to participation in the auction, determination of the winner of the auction, request for quotations;
• concluding contracts, agreeing to conclude a contract with a single supplier, if the placement of an order is declared invalid;
• exercising control over compliance with the Legislation of the Russian Federation on the placement of orders.

The legislator has provided for the possibility of purchasing goods, works or services from a single supplier due to an accident or other emergency situations of a natural or man-made nature, force majeure, in the event of a need to provide emergency medical care, and the use of other time-consuming methods for determining the provider is impractical.

The customer has the right to enter into a contract for the supply of goods, performance of work or provision of services, respectively, in the quantity and volume that are necessary to eliminate the consequences arising from an accident, other emergencies of a natural or man-made nature, force majeure, or to provide emergency or emergency medical care form ().

Please note that when purchasing from a single supplier in the above cases the customer is obliged to notify within no later than one working day from the date of conclusion of the contract, the control body in the field of procurement about such procurement. This notification must be accompanied by a copy of the concluded contract with the rationale for its conclusion ().

In order to centralize procurement, can be created state body, municipal body, government agency authorized to identify suppliers for customers. Or the authority to identify suppliers for relevant customers may be assigned for one such state body, municipal body, one such government institution or several government bodies, municipal bodies, government institutions from among the existing ones.

Such authorized bodies and institutions exercise the powers to identify suppliers (contractors, performers) for customers, established by decisions on the creation of such bodies, institutions or on vesting them with the specified powers.

It is not allowed to entrust such bodies or institutions with the authority to justify procurement, determine the terms of the contract, including determining the initial (maximum) price of the contract, and sign the contract. Contracts are signed by customers for whom suppliers (contractors, performers) have been identified ().

The local administration may assign to a municipal body, a municipal government agency or several bodies or institutions the authority to identify suppliers (contractors, performers) for several municipal bodies, municipal government and budgetary institutions, as well as the authority to plan procurement, identify suppliers, conclude state and municipal contracts, their execution and acceptance.

Thus, the creation of a commission will be unlawful, and in order to transfer powers to determine suppliers for several customers it is necessary create a separate body or institution, or transfer such powers to an existing one.

In our opinion, the provisions of Law No. 44-FZ will not apply to such a legal entity, since according to this we are talking about a legal entity that directlyfinancedtsyaat the expense of budgetary funds And directly makes purchases using such funds.

Law No. 44-FZ contains requirements for a contract manager only in terms of his education. In accordance with Part 6 of Art. 38 of the law, the contract manager must have a higher education or additional professional education in the field of procurement. At the same time, it provides that 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, and provision of services for state and municipal needs.

Law No. 44-FZ does not provide for a ban on combining the functions of a bankruptcy trustee in different organizations. But it should be taken into account that the contract manager is appointed customer official, which in turn must be on the customer’s staff ().

Contract service and manager according to laws No. 44-FZ, 223-FZ

In the sphere of providing state and municipal needs through procurement necessary for the activities of public bodies or other structures, there are more mandatory rules than in trade relations between citizens and organizations. So, in accordance with Art. 38 of the Law “On the Contract System...” dated 04/05/2013 No. 44-FZ, state and municipal bodies or government agencies carrying out procurement, acting as customers, are obliged to create a special service or transfer to an official the functions of creating a plan and procurement schedule , drawing up and publishing notices and invitations, making purchases, etc.

There are 2 possible solutions to this issue:

1. If there is a large amount of funds allocated to meet the needs of public bodies, a contract service is created. As the basis for its activities, the customer is based on the standard regulations, approved. by order of the Ministry of Economic Development dated October 29, 2013 No. 631, develops its own regulations or regulations on the activities of the structural unit.
2. If the amount of costs for the year does not reach 100 million rubles, and the specified service has not been created and is not planned, the customer can transfer its powers and functions to an official - a contract manager.

At the same time, as the Ministry of Economic Development explained in paragraph 2 of the appendix to the letter “On sending responses...” dated September 30, 2014 No. D28i1889, the number of managers is not limited. The customer is not prohibited from appointing 2, 3 or more persons as contract managers without combining them into a single service, however, each of such employees must meet the established requirements for appointment.

IMPORTANT! According to the provisions of the Law “On the Procurement of Goods...” dated July 18, 2011 No. 223-FZ, for large acquisitions by individual organizations, for example, autonomous institutions, state corporations, etc., neither a service nor a manager is required, although there is a ban on their activities in this case the law also does not contain.

How to name a position in the context of a qualification directory - contract manager or procurement specialist

When introducing the position of manager, difficulties may arise with its correct name. Thus, in accordance with the response of the Ministry of Economic Development (clause 2 of the appendix to letter No. D28i-1889), the functions of a contract manager are assigned to the employee in the manner prescribed by the Labor Code. The assignment of additional functions to an employee that constitute the work of a contract manager can be qualified as a change in the current provisions of the employment contract (Article 72 of the Labor Code). It is usually formalized by an additional agreement, while the worker’s position is called as before.

The issue of introducing a separate manager position is more complicated. Since the customer is public authorities or state-owned enterprises, then under Art. 144 of the Labor Code for remuneration, the provisions of unified tariff and qualification reference books for work or managerial positions, and professional standards are taken into account. Order of the Ministry of Labor dated September 10, 2015 No. 625n approved the standard of a specialist in the field of procurement for public needs, and order of the same department dated September 10, 2015 No. 626n approved the standard of an expert in this field.

Don't know your rights?

Both standards specify that a worker performing procurement or consulting functions may be referred to as:

• procurement specialist/consultant;
• contract workers;
• contract manager.

Accordingly, when introducing a separate position, the choice of name remains at the discretion of the customer. Registration for work is carried out by concluding a new employment contract with the employee.

What are the requirements for a manager in 2019-2020?

Any person cannot be appointed as a contract manager. The transfer of functions to an employee will be legal only if he (all of the following conditions must be met simultaneously):

1. Included in the number of employees of the customer organization (letter of the Ministry of Economic Development “On persons who may be ..." dated January 31, 2014 No. OG-D28-834).
2. Received additional professional or higher education in the field of procurement. In accordance with Art. 112 of Law No. 44-FZ, until January 1, 2017, professional or additional professional education was sufficient.
3. Does not allow a conflict of interest, i.e. does not have a close relationship with the supplier, beneficiary or other counterparty (clause 3 of the review of judicial practice, approved by the Presidium of the Armed Forces of the Russian Federation on September 28, 2016).

To purchase goods, receive services or perform work in order to meet the needs of the state or municipality, on the basis of Law No. 44-FZ, a special service is created or its powers are transferred to one or more employees. In this case, transfer is possible only in relation to those workers who meet the established criteria, i.e., have the required level of education, work for the customer and act exclusively in his interests.