Job description of a contract manager

[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions of the Labor Code Russian Federation and other legal acts regulating labor relations.

1. General Provisions

1.1. The contract manager belongs to the category of specialists and reports directly to [title of the position of the immediate supervisor].

1.2. The position of a contract manager is accepted by a person with a higher professional education in the specialty [insert required] or additional professional education in the field of procurement, as well as work experience in this area for at least [value] years.

1.3. The contract manager must know:

the Constitution of the Russian Federation, civil, budgetary legislation, Federal Law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs", as well as other regulatory legal acts in the field of procurement of goods, works, services to meet state and municipal needs;

General principles of procurement for state and municipal needs;

Basic principles, concepts and processes of the procurement system;

The procurement system for state and municipal needs in the context of social, political, economic processes in the Russian Federation;

Procurement planning methods;

The procedure for the preparation and placement in a single information system procurement notices, procurement documentation and draft contracts, preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

Procurement procedure, including the conclusion of contracts;

Criteria for evaluating applications for participation in the competition, comparative analysis methods for evaluating applications for participation in the competition;

Efficiency of placing orders for state and municipal needs;

Control over compliance with the legislation of the Russian Federation on the placement of state and municipal orders;

Measures of responsibility for violations in the placement and execution of orders for the supply of goods, performance of work, provision of services for state and municipal needs;

Ensuring the protection of the rights and interests of participants in the placement of orders, the appeal procedure;

Information support of state and municipal orders;

Basics of the labor legislation of the Russian Federation;

Rules and norms of labor protection, safety precautions.

2. Job responsibilities

The contract manager has the following job responsibilities:

2.1. Procurement plan development.

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

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

2.4. Development of a schedule.

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

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

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

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

2.9. Implementation of the preparation and placement in a single information system of procurement documentation and draft contracts.

2.10. Preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods.

2.11. Ensuring the implementation of procurement, including the conclusion of contracts.

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

2.13. Implementation of the preparation of materials for the performance of claim work.

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

2.15. If necessary, involve experts, expert organizations in their work in accordance with the requirements provided for by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and other regulatory legal acts.

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

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

3. Rights

The contract manager has the right:

3.1. For all social guarantees provided for by law.

3.2. Make suggestions to senior management to improve their work.

3.3. Require the management of the organization to assist in the performance of its professional duties and exercise of rights.

3.4. Receive information and documents necessary for the performance of their duties.

3.5. Improve your professional qualifications.

3.6. [Other rights under labor law ].

4. Responsibility

The contract manager is responsible for:

4.1. For non-fulfillment or improper fulfillment of their official duties provided for by this job description - within the limits determined by the current labor legislation of the Russian Federation.

4.2. For causing material damage to the employer - within the limits determined by the current labor and civil legislation of the Russian Federation.

4.3. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal, civil legislation of the Russian Federation.

The job description was developed in accordance with [name, number and date of the document].

Head of Human Resources

[initials, last name]

[signature]

[day month Year]

Agreed:

[position]

[initials, last name]

[signature]

[day month Year]

Familiarized with the instructions:

[initials, last name]

[signature]

[day month Year]

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

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

The contract manager from January 1, 2017 must have higher education or additional professional education in the 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. If it exceeds, then a special service is created in the organization based on model provision, approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. 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 included 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 2019.

Order of appointment

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

The order should refer to article 38 of the Law on 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 (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 job description.

What are the duties of a contract manager and how to correctly indicate them in the instructions.

From the article you will learn:

Contract manager status

The contract manager is who has theoretical knowledge and skills in the field of procurement. In accordance with Art. 38 federal law 44-FZ, depending on the total annual volume of purchases, the customer must create either a contract service (if the volume of purchases exceeds one hundred million rubles), or appoint an official who will be responsible for making one or more purchases (if the volume of purchases does not exceed the above threshold). Such a person is recognized as a contract manager.

A contracting authority may employ several contract managers, each of whom will be responsible for a separate sector of procurement activities. One of , for example, may be engaged in the purchase of tools and equipment, the second - the purchase computer science, third - food. This is due to the fact that when purchasing these positions, special knowledge is required and one person is unlikely to be able to have them in each of the listed subject areas.

Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud

A complete reference book of job descriptions for all sectors of activity.

There are a number of requirements for a procurement specialist and . So, the contract manager must have a higher education or additional professional education in the field of procurement. Additional professional education can be obtained in the process of advanced training or as part of programs professional retraining. In addition, he must be well versed in the subject of procurement.

Download related documents:

Pursuant to Art. 195.1 of the Labor Code of the Russian Federation The Ministry of Labor and Social Protection of Russia approved the professional standards of a specialist and expert in the field of procurement:

Order of the Ministry of Labor of Russia dated September 10, 2015 N 626n "On approval of the professional standard "Expert in the field of procurement";

Order of the Ministry of Labor of Russia dated September 10, 2015 N 625n "On approval of the professional standard "Specialist in the field of procurement".

Job responsibilities of a contract manager under 44-FZ

The general functions and powers of the contract manager are specified in paragraph 4 of Art. 38 of Federal Law No. 44-FZ. These include:

development of a procurement plan, preparation of changes to be included in the procurement plan, placement of the plan in a single information system;

development of a schedule, preparation of changes to it;

preparation and placement of notices of procurement in the EIS, and draft contracts, sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

conclusion of contracts;

participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers), claim work;

consultations with procurement participants (suppliers, contractors, performers) in order to determine the state of the competitive environment in the relevant markets for goods, works, services and other functions.

Despite the list of job responsibilities of a contract manager given in the law, you should not just copy it, specific specialist. It is advisable to describe the functionality of the employee as clearly as possible in relation to the specifics of the customer. After all, there are no exactly the same legal entities customers for state and municipal needs, even if they have similar goals, objectives and structure. And even with the same job title - contract manager - his job responsibilities may differ significantly.

Art. 38 of Federal Law No. 44-FZ allows for a broad interpretation of the CG functionality. This allows each customer to specify the powers of their employees.

In addition, other specific duties may be provided for in the job description:

• prepare and send written explanations of the procurement documentation;
• make an audio recording of the opening of envelopes with applications or opening access to electronic applications;
• ensure the safety of application envelopes, as well as security and confidentiality electronic applications, storage of protocols on procurement;
• include in the register of unscrupulous suppliers, contractors and performers information about procurement participants who evaded the conclusion of a contract;
• to carry out acceptance of the delivered goods, the result of the performed work, the rendered service;
• involve experts and expert organizations, conduct examinations of goods, works, services and other functions.

Job description of a contract manager of a budgetary institution

As already mentioned, depending on the volume of purchases in the institution, either a contract commission is created, or a contract manager is appointed (accepted), whose duties are specified . On the creation of a service or on the introduction of the position of a contract manager in a budgetary institution, as a rule, an administrative act is issued. For example, in Leningrad region there is such Order of the Civil Registry Department of the Leningrad Region dated August 28, 2015 N 5 "On approval of the regulation on the contract manager"But administrative acts do not always replace job descriptions. Therefore, for a budgetary institution, it is also developed and approved if institution presupposes the existence of such a position.

If the institution is engaged in procurement not on permanent basis, then paragraph 2 of Art. 38 of Federal Law No. 44-FZ allows, by order of the head, to appoint a contract manager in respect of only one purchase. Then the job responsibilities of the specialist responsible for procurement will be indicated in . Thus, a specific instruction to perform the functions of a contract manager will be fixed.

Rights and responsibilities of the bankruptcy trustee according to the job description

In the "Rights" section, in addition to those that are standard for specialists of this level, it is necessary to include a clause relating directly to the contract manager. He shall have the right to participate, within his competence, in the preparation and discussion of:

• working plans-schedules;
• procurement plans;
• project documentation;
• terms of reference;
• other documentation of an organizational and administrative nature relating to issues provided for by the legislation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, the needs of a budgetary institution.

this position is provided for by Article 232 of the Labor Code of the Russian Federation and Part 5 of Article 38 of 44-FZ. In addition, the contract manager bears administrative, criminal and civil liability for offenses committed in the course of its activities. In those cases that are provided for by Articles 7.29-7.32, Part 7.1, Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, they bear administrative responsibility as officials.

So, the definition of the competencies of the contract manager, the law refers to the responsibility of the customer. And it is in his interests to reflect as specifically and fully as possible the range of rights and obligations of the manager in or another document based on the volume of purchases, tasks and requirements.

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A person with a secondary vocational education, additional professional education under a professional development program and a professional retraining program in the field of procurement is accepted for the position of a procurement specialist.

Procurement specialist job description sample

1. General provisions

1.1. A person with a secondary vocational education, additional professional education under a professional development program and a professional retraining program in the field of procurement is accepted for the position of a procurement specialist.

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1.2. The Purchasing Specialist should know:

1) the requirements of the legislation of the Russian Federation and regulatory legal acts regulating activities in the field of procurement;

2) the basics of civil, budgetary, land, labor and administrative legislation in terms of application to procurement;

3) fundamentals of antimonopoly legislation;

4) basics accounting in terms of application to procurement;

5) features of pricing in the market (by directions);

6) methods for determining and justifying the initial maximum contract prices;

7) features of the preparation of procurement documentation;

8) the basics of informatics in terms of application to procurement;

9) ethics business communication and rules of negotiation;

10) labor discipline;

11) Internal labor regulations;

12) labor protection requirements and fire safety rules;

13) ……… (other documents, materials, etc.)

1.3. The Purchasing Specialist must be able to:

1) use computing and other auxiliary equipment, means of communication and communications;

2) create and lead information base data;

3) produce documents, form, archive, send documents and information;

4) summarize the information received, prices for goods, works, services, process it statistically and formulate analytical conclusions;

5) justify the initial (maximum) purchase price;

6) describe the object of procurement;

7) develop procurement documentation;

8) analyze received applications;

9) evaluate the results and sum up the results of the procurement procedure;

10) form and coordinate the minutes of meetings of the procurement commissions based on the decisions taken by the members of the procurement commission;

11) work in a unified information system;

12) check the necessary documentation for the conclusion of contracts;

13) carry out the procedure for signing a contract with suppliers (contractors, performers);

14) interact with the procurement commissions and provide technical support for the activities of the procurement commissions;

15) draw up and draw up a report containing information on the performance of the contract, on compliance with the intermediate and final deadlines for the performance of the contract, on improper performance of the contract (indicating committed violations) or on non-performance of the contract and on the sanctions that have been applied in connection with the violation of the terms of the contract or its non-performance, change or termination of the contract in the course of its execution, change of the contract or termination of the contract;

16) organize payment/return Money;

17) arrange payment sums of money under a bank guarantee in the stipulated cases;

18) ……… (other skills and abilities)

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1.4. The Procurement Specialist is guided by:

1) Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law of 18.07.2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law No. 53-FZ of 02.12.1994 "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs";

2) ……… (name of constituent document)

3) Regulations on ……… (name of the structural unit)

4) this job description;

5) ……… (names of local regulations governing

job functions by position)

1.5. The Procurement Specialist reports directly to ……… (title of the position of the head)

1.6. ……… (other general provisions)

2. Labor functions

2.1. Providing procurement for state, municipal and corporate needs:

1) preliminary collection of data on needs, prices for goods, works, services;

2) preparation of procurement documentation;

3) processing the results of the purchase and conclusion of the contract.

2.2. ……… (other functions)

3. Job responsibilities

3.1. The Purchasing Specialist has the following responsibilities:

3.1.1. As part of labor function specified in subparagraph 1 of paragraph 2.1 of this job description:

1) carries out processing and analysis of information on prices for goods, works, services;

2) prepares and sends invitations to determine suppliers (contractors, performers) in various ways;

3) processes, generates and stores data, information, documents, including those received from suppliers (contractors, performers).

3.1.2. As part of the labor function specified in subparagraph 2 of paragraph 2.1 of this job description:

1) forms:

Initial (maximum) purchase price;

Description of the procurement object;

Requirements for the procurement participant;

The procedure for evaluating participants;

Draft contract;

2) draws up procurement documentation;

3) carries out the preparation and public placement of a notice of procurement, procurement documentation, draft contracts;

4) checks the necessary documentation for the procurement procedure;

5) provides organizational and technical support for the activities of procurement commissions;

6) monitors suppliers (contractors, performers) and customers in the field of procurement.

3.1.3. As part of the labor function specified in subparagraph 3 of paragraph 2.1 of this job description:

1) collects and analyzes received applications;

2) provides organizational and technical support for the activities of procurement commissions;

3) performs the processing of applications, verification of bank guarantees, evaluation of results and sums up the results of the procurement procedure;

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

5) carries out public placement of the obtained results;

7) checks the necessary documentation for the conclusion of contracts;

8) conducts procedures for signing a contract with suppliers (contractors, performers);

9) carries out public placement of reports, information on non-fulfillment of the contract, on sanctions, on changes or termination of the contract, with the exception of information constituting a state secret;

10) prepares a document on acceptance of the results of a separate stage of contract execution;

11) organizes:

Payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;

Implementation of payment of monetary amounts under a bank guarantee in the stipulated cases;

Return of funds deposited as security for the execution of orders or security for the performance of contracts.

3.1.4. As part of the performance of his labor functions, he performs the instructions of his immediate supervisor.

3.1.5. ……… (other duties)

3.2. In the performance of his duties, the procurement specialist must comply with the following ethical standards:

1) respect the confidentiality of information;

2) observe the ethics of business communication;

3) take an active position in the fight against professional dishonesty;

4) not to disclose the materials of working studies;

5) not create conflict situations in the workplace;

6) not to take actions that discredit the profession and reputation of colleagues;

7) to prevent slander and dissemination of information discrediting other organizations and colleagues.

3.3. ……… (other job descriptions)

4. Rights

The Purchasing Specialist has the right to:

4.1. Participate in the discussion of draft decisions of the organization's management, in meetings for their preparation and implementation.

4.2. Ask the immediate supervisor for clarifications and clarifications on these instructions, issued assignments.

4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information, documents necessary for the execution of the assignment.

4.4. Get acquainted with the draft decisions of the management regarding the function performed by him, with documents defining his rights and obligations in his position, criteria for assessing the quality of the performance of his labor functions.

4.5. Submit proposals on the organization of labor within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in the discussion of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The Purchasing Specialist is responsible for:

For improper performance or non-performance of their official duties provided for by this job description - in the manner established by the current labor legislation of the Russian Federation, legislation in the field of procurement;

For offenses and crimes committed in the course of their labor activity, - in the manner prescribed by the current administrative and criminal legislation of the Russian Federation;

For causing damage to the organization - in the manner prescribed by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description was developed on the basis of the Professional Standard "Specialist in the field of procurement", approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ... ... ... (details of the organization's local regulations)

6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract).

The fact that the employee is familiarized with this job description is confirmed by ……… (signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; otherwise)

6.3. ……… (other final provisions).

I can not help but highlight this topic, because. I receive requests for a sample job description for a contract manager almost every day.
First of all, I hasten to reassure everyone: if your contract manager is still working without a job description, no penalties for you. Neither the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", nor the Order of the Ministry of Economic Development of 29.10. 2013 N 631 "On the approval of a model provision (regulation) on contract service" does not mention job descriptions. Even in Labor Code there is nothing about them.

The head of the institution independently decides on the form of the document defining the duties of the contract manager.
The purpose of the instruction is the definition of the rights, duties and limits of the employee's responsibility.
In the absence of job descriptions in the institution, information about the employee's labor function is included directly in the text of the employment contract.
In many cases, it is more convenient to determine the terms of a specific employment contract on the basis of an approved job description.

The leader can make changes to the instructions. The new provisions will apply to employees hired for the relevant positions. Already working specialists must not only be familiarized with the changes, but also obtain their written consent if this leads to a change in the terms of the employment contract.

The content of the job description of the contract manager, head (employee) of the contract service

This document usually includes the following sections:

Section 1 "General Provisions":
- job title structural subdivision the position is included, the procedure for appointing and dismissing a position, filling a position during the period of temporary absence of an employee.

Section 2 Qualification Requirements:
- level of necessary vocational training
In accordance with paragraph 6 of Article 38 of Federal Law No. 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.

Section 3 "Responsibilities":
-specific types of work that make up the performance of a labor function
Almost all the duties of a contract manager are listed in the Order of the Ministry of Economic Development of October 29, 2013 N 631 "On approval of the standard provision (regulation) on contract service", as well as in professional standards "Purchasing Specialist" and "Purchasing Expert", approved by orders of the Ministry of Labor of Russia No. 625n and No. 626n dated September 10, 2015. The list of works should be expanded and specified taking into account the needs of the institution and instructions should be formulated for different positions: for example, in duties contract manager include - “coordinates the publication of notices of procurement with the head of the Institution”, in the responsibility contract manager– “makes a decision on the publication of notices of procurement”, in the responsibility contract service worker– “publishes, by decision of the head of the contract service, a notice of procurement”
The job description of the head of the contract service will also contain the following items:
- submits for consideration by the head of the institution proposals for the appointment and dismissal of employees of the contract service;
- distributes duties between contract service employees;
- defines the duties and personal responsibilities of contract service employees
The job description of a contract manager should include almost all the functions listed in Order No. 631. The job descriptions of contract service employees may differ and contain different duties, for each employee - only a part of the functions listed in the Order.
Section 3 is necessary, in particular, to transfer the authority of an employee for the period of his vacation, illness, or business trip to a person temporarily replacing him;

Section 4 "Rights":

- a list of the rights of an employee holding this position: the right to receive certain information, the right to control the execution of documents, the right to sign documents, etc.

Section 5 Liability:
- the area of ​​responsibility of the contract manager (head or employee of the contract service) for the results and consequences of his labor activity, for actions and inaction within his powers
AT this section it is advisable to list the groups of possible violations, measures of personal administrative and disciplinary responsibility in accordance with the current legislation.

In addition to the main ones, the job description may include additional sections.

Section "Procedure of interaction by position":

The section includes service external and internal communications: - with procurement participants, with contractors, with the management of the institution, with the head of the department, with other departments.
This section establishes the deadlines for the submission and receipt by the employee of certain documents. The section is necessary to comply with the workflow schedule.

Section "Evaluation of results":
This section is needed even if the result of the execution of functions cannot be expressed in numbers or percentages. The main result of the work of a contract service or a contract manager is the conclusion of contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.
An intermediate result can be, for example, uninterrupted material supply of the institution, the absence of complaints from the procurement participants, the absence of fines, etc.

AT staffing majority of state and budget institutions There is currently no contract manager position. You can hire a new employee for any vacant position, for example, an economist and issue an order to appoint him as a contract manager. In this case, job responsibilities can be listed in employment contract or the text of the job description of an economist may be changed.

Irina Kozlova

Job description of a contract manager (sample)