Job responsibilities of the initiator of the purchase under 44 fz. Purchasing Specialist: Responsibilities, Requirements, Training, Professional Standard Purchasing Specialist

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 (with a purchase volume exceeding one hundred million rubles), or appoint executive who will be responsible for the implementation of 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.

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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 area 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.

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Pursuant to Art. 195.1 Labor Code 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 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 - official duties it 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 the job description. Therefore, for budget 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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For participation in electronic auction the staff includes a special employee - a contract manager. Read our article about what its functions and responsibilities are, download a sample job description

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Contract manager: functions and powers

If goods and services are bought for government needs, they cannot be bought from the first supplier that comes across. regulates the procurement process, which takes place in the form electronic trading. To participate in them, a special employee is included in the staff.

A contract manager is an official who conducts procurement. Moreover, his duties are not limited to signing the contract - first he organizes and conducts tenders for its conclusion, and then controls its execution. Such a specialist appears in the customer’s team, which does not have a contract service and total amount purchases in one year does not exceed 100 million rubles.

Federal law prescribes the employment of specially trained people for such a position. The candidate must be with higher education and receive additional training in the field of procurement.

note

It is not rational to appoint a separate contract manager for each purchase. It is much more efficient to combine orders by types of goods (services) and delegate a specialist for each group, based on his knowledge in this area.

Functions of a contract manager:

organizing and conducting procurement - from planning to resolving conflict situations;
transactions.

If we summarize the functions, it turns out that the goal of the bankruptcy trustee is to save money, but at the same time provide the employer with all the necessary goods, works and services, and their acquisition must be organized within the legal framework.

Powers of the contract manager:

preparation and placement in the EIS of a procurement plan and schedule, notices and transaction documentation, draft contracts and invitations to participate in the selection of suppliers;
consultations with suppliers (contractors, performers);
determination of the best price, technologies and other parameters;
procurement, including the conclusion of contracts;

Responsibilities of a contract manager

The duties of the bankruptcy trustee under 44-FZ include:

develop a procurement plan and schedule, publish them in the EIS;
make corrections if necessary;
prepare and publish notices of procurement execution, other Required documents;
make purchases and sign contracts;
participate in claim cases, prepare all necessary documents;
consult with suppliers.

It depends on the manager whether the employer will be provided with everything necessary. It is this specialist who completely leads the process of acquiring goods and services - makes a list of what needs to be purchased; calculates the schedule according to which purchases will be made; selects suitable counterparties from among those declared for the auction; concludes contracts with the winners.

If in the future the counterparties turn out to be dishonest, the manager will prepare all the necessary documents in order to try to resolve the matter by negotiations, and if they fail to reach an agreement, they will transfer the materials to the court. In addition, if the antimonopoly authority has questions regarding any procurement procedure, the contract manager will take part in the consideration of the case and prepare all the documents requested by the FAS.

Job description

Nowhere in the law is it prescribed what exactly should be displayed in the job description of the head of the contract service. Even its very existence is not regulated by anything. It is possible to compile the necessary parts into a single document and accept it as a regulatory one. Or develop an instruction based on the wishes of the management and the provisions of similar documents related to specialists with related functions.

The job description, if the customer decides to introduce it at home, can be divided into the following sections:

general provisions: general information about the position, requirements for the employee;
tasks and functions: specific activities that lead to the fulfillment of the main goal;
knowledge: in the field of legislation and special;
Responsibilities: All activities that an employee must perform. The more complete this list is, the more effective the manager's work will be. In addition, it is desirable to enter clear language that does not allow for double interpretation;
rights: what actions the employee has the right to perform within the framework of the position;
liability: what penalty can be imposed in case of violation;
final provisions: references to the legislation and professional standards underlying the document, the mechanism for making changes.

The developed instruction is signed by the head. The document is approved by the order and transferred to the employee for review and signature.

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(while creating 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:

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

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;

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;

procurement, including the conclusion of contracts;

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

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;

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 with 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, the employee is paid an additional payment, 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:

www.hh.ru (HeadHunter);
www.superjob.ru (SuperJob);
www.rabota.ru (Rabota);
www.job.ru (Job);
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.

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.

Functions of a contract manager in the job description

Among other things, the job description of the contract manager spells out the functions of this specialist. They are copied into the document from Art. 38 of Law No. 44-FZ. So, the specialist must:

create plans and schedules for procurement, change them if necessary, publish documents in the EIS;
prepare notices and place them in the EIS along with other procurement documentation, invite potential suppliers to participate in closed procedures;
directly enter into contracts with the winners;
take part in the consideration of cases on disputes related to procurement, the results of determining the supplier, conduct claims work;
advise suppliers.

The professional standard for a contract manager and contract service specialists is prescribed in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n - namely, it says what knowledge and skills one or another function can be performed with. It is important to follow this.

If the level of education or experience of a specialist is not enough, the number of his functions should be limited. For example, if the duties of the bankruptcy trustee under 44-FZ include monitoring compliance with the terms of the contract, four years of experience will be required, as well as knowledge of the provisions of the civil, land, budget, labor codes, and antimonopoly laws.

Sample 2019

The job description of a contract manager is an internal document of an enterprise engaged in public procurement. It contains requirements for the employee, his duties, rights, responsibilities. Please note: if you transferred a specialist to the position of a contract manager or he combines two positions, a separate job description of the contract manager is required. You will also have to make changes to the work schedule.

What parts does it include:

general provisions. Here they indicate the procedure for appointing a specialist, as well as his dismissal, general information about the position, requirements for the employee;
functions;
responsibilities. Lists all actions that are required from the employee;
rights. It is prescribed what the manager is entitled to within the framework of his position;
a responsibility- what threatens the employee in case of violations;
final provisions. Here are links to professional standards that are taken as the basis of the document, as well as the order in which changes are made.

In addition to the job description of the contract manager, the company must issue a regulation. These two documents largely overlap, but the law requires both. See the order of the Ministry of Economic Development of October 29, 2013 No. 631 for a sample provision.

Arbitrage practice

Let's give an interesting example from judicial practice, which will answer the question: can a state institution purchase the services of a contract manager without hiring him on the staff?

The customer purchased services in the field of 4 public procurement and supply of the FGKU "Administration of the Northern Sea Route". Simply put, the services of a contract manager were purchased. As stated in the terms of reference, the customer empowers the contractor's specialist with the powers of a contract manager by issuing an appropriate order. One of the participants did not like the procurement documentation. In particular, he was dissatisfied with the discrepancy between the OKPD2 code chosen by the customer and the subject of the contract and the lack of scope of services.

The participant sent a complaint to the Moscow OFAS. The antimonopoly body refused to satisfy it, not finding violations of the requirements of the Law on the contract system in the field of procurement in the actions of the customer. The participant went to court.

The court recalled that only an employee of the customer can be a contract manager and an employee of a contract service. This is confirmed by the legal position of the Ministry of Economic Development in a letter of November 10, 2016 No. D28i-2996, as well as the Ministry of Finance in a letter of November 7, 2017 No. 24-01-09 / 73185. As follows from the terms of reference for the provision of services, the contractor assigns at least one specialist to the customer. And the customer, in turn, empowers him with the powers of a contract manager by issuing an appropriate order. In this case, the customer has the right, by proxy, to empower the contractor's specialist with the authority to sign contracts with suppliers.

At the same time, neither 44-FZ nor the Budget Code allows for the possibility of performing actions for the intended use of funds by someone other than the customer. Thus, contrary to the conclusions of the antimonopoly body, only an employee of the customer can be a contract manager. The inclusion in the tender documentation of provisions that do not meet the requirements of the articles of the Law on the contract system is in itself an action that restricts competition.

It is curious that the first two courts to which the participant applied supported the OFAS and rejected the claims. However, the appeal did not agree with them. The courts literally understood Part 1 of Article 40 of Law No. 44-FZ, which implies the need for the customer to select a specialized organization through a tender or auction. Also, the courts misunderstood the phrases “including for the development”, “other functions related to ensuring the determination of the supplier (contractor, performer)”. They concluded that third-party specialists can exercise the powers of the manager.

As a result, by the Decree of the Arbitration Court of the Moscow District dated May 25, 2018 in case No. A40-142271/2017, the decisions of the lower courts were canceled. The decision of the Office of the Federal Antimonopoly Service for the city of Moscow was declared invalid.

Attached files

Contract manager job description.docx
Order on approval of the job description.docx
Order to change the job description.docx
Job regulations of the contract manager of the municipal customer.docx
Job regulations of the contract manager of the state customer.docx
Regulations on the contract service.docx