After considering the issue, we came to the following conclusion:
The institution is not required to enter into staffing Job Title: Purchasing Specialist.

Rationale for the conclusion:
In accordance with federal law dated 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) if the total annual volume of purchases of the customer in accordance with the plan - schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer is obliged to appoint executive responsible for the implementation of the purchase or several purchases, including the execution of each contract (contract manager).
Both a contract manager and an employee of a contract service (including its head) can only be an employee of the customer (part of Law N 44-FZ, clauses 6, 9 model provision(Regulations) on contract service, approved by the Ministry of Economic Development of Russia dated October 29, 2013 N 631, the Ministry of Economic Development of Russia dated January 31, 2014 N OG-D28-834). Therefore, the assignment to employees of the functions and powers provided for by Law N 44-FZ is possible only in accordance with labor legislation (see also the answer to question 2 in the Appendix to the Ministry of Economic Development of Russia dated September 30, 2014 N D28I-1889). At the same time, as follows from the Ministry of Economic Development of Russia dated September 17, 2014 N D28i-1782, the official who is entrusted with the duties of a contract service employee, contract manager, is the relevant subject, regardless of the title of the positions in the staffing table. Accordingly, the customer can either enter into the staffing table certain positions of contract service workers, a contract manager, or not do this.
According to part two of the Labor Code of the Russian Federation, a professional standard is understood as a characteristic of a qualification, necessary for the employee to carry out a certain type professional activity. From 07/01/2016, by virtue of part one of the Labor Code of the Russian Federation as amended on 05/02/2015 N 122-FZ, professional standards will be mandatory for use in terms of qualification requirements in cases where the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish qualification requirements necessary for an employee to perform a certain labor function (see, for example, the Labor Code of the Russian Federation, Federal Law N 273-FZ "On Education in the Russian Federation").
As you can see, the Labor Code of the Russian Federation does not talk about the mandatory application of professional standards in terms of the name of the employee's position - by virtue of this norm, professional standards in certain cases will have to be applied in terms of the requirements for the qualifications of employees, which is understood as the level of knowledge, skills, professional skills and work experience of the employee (part one of the Labor Code of the Russian Federation).
By virtue of part two of the Labor Code of the Russian Federation, professional standards, along with qualification reference books, are used to determine the correspondence between the names of positions, professions or specialties of employees and qualification requirements to them the names and requirements specified in such standards or reference books, in cases where, in accordance with the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties. From the above norm it follows that compliance with the job title established qualification handbook or professional standard, is necessary only in cases where compensation, benefits, restrictions are "tied" to a specific position. For example, the length of service giving the right to early retirement includes only periods of work in certain professions and positions (part , of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions", the Government of the Russian Federation of July 16, 2014 N 665) .
So the rules labor law, including those that come into force on 07/01/2016, do not oblige employers to apply in without fail professional standards for all employees without exception. Employers are obliged to be guided by the provisions of professional standards in terms of the name and qualification requirements only for certain positions (professions, specialties, types of work), when it is expressly provided for by the Russian Federation, other federal laws and regulations, and also when, in accordance with the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in these positions, professions, specialties (see also the Ministry of Labor of the Russian Federation of 04/05/2016 N 14-2 / ​​B-299, paragraphs 6 and 7 of the information of the Ministry of Labor and Social Protection RF dated 04.04.2016 "On the application of professional standards").
Legislation in the field of procurement, including N 223-FZ dated July 18, 2011 "On the procurement of goods, works, services certain types legal entities"and dated 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", do not provide for any compensation, benefits and restrictions for employees in whose labor functions includes ensuring the participation of the employer in procurement activities. The need to name all positions and professions of employees of specific institutions in strict accordance with professional standards may be established by the regulatory legal act of the body authorized on behalf of the founder to establish a system of remuneration for employees of these institutions. However, we were unable to find a relevant regulatory legal act that would apply to employees of your institution.
Thus, there is no obligation for the employer to introduce the position of "Procurement Specialist" into the staff list, and the decision on whether to introduce such a position is at the discretion of the employer. There is also no obligation to rename the position of an employee whose labor function includes performing the duties of a contract manager.
In conclusion, we note that from July 1, 2016, the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, will have the right to establish features of the application of professional standards in terms of requirements that are mandatory for application, including state or municipal institutions(, Federal Law of 02.05.2015 N 122-FZ). However, at present, the specifics of the application of professional standards by the above employers have not been established by the Government of the Russian Federation.

Prepared answer:
Legal Consulting Service Expert GARANT
Troshina Tatiana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. To receive detailed information about the service, contact your manager.

Two professional standards have been approved regarding contract system: "Specialist in the field of procurement" and "Expert in the field of procurement." And this means that employees involved in government contracts have additional legal protection, and employers have additional

In September 2015, two professional standards were approved regarding the contract system: "Specialist in the field of procurement" and "Expert in the field of procurement". And this means that employees involved in government contracts have additional legal protection, and the employer has additional responsibility.

Since 07/01/2015, independent professions related to procurement activities have been introduced. They are legalized by the professional standard, they spell out all the labor functions that the employer can assign to these professions. If an employee is not officially a specialist or expert in the field of procurement, but works, for example, as an accountant or secretary, then the performance of additional job duties on purchases as a public benefit without obtaining his written consent is now illegal.

Paragraph 2 of Art. 38 of the Law on the contract system obliges the customer to appoint a contract manager if he does not have a contract service and the total annual volume of purchases does not exceed 100 million rubles.

Back in June 2016, an accountant or other specialist of the organization could have been appointed such a contract manager. Additional functions were assigned to him as the performance of a socially useful load or other duties, assignments of the employer. Refusals were not accepted: “If you don’t want to work, quit!”. Since the budget did not provide for the payment of these functions, in most cases procurement labor was not paid or received "penny" for it. The employee's attitude to "optional" duties was appropriate.

However, from the second half of 2016, the employer will no longer be able to order his subordinate to conduct the procurement activities of the organization. Otherwise, the employer will violate the labor law.

The employee agrees to act as a contract manager

Typically, if an organization does not have position“contract manager”, then the employer assigns the labor functions of planning and implementing procurement to other specialists, and these functions are related to their main profession in which they were hired.

As per the rules Art. 60.2 "Combination of professions (positions)" of the Labor Code of the Russian Federation the employer may instruct the employee to perform additional duties in another or the same profession (position). But the employer should remember that for additional labor functions the employee is entitled to additional charges (Art. 60.2, 151 Labor Code of the Russian Federation). And such an order is only possible with the written consent of the employee , as well as the period during which additional work will be performed, the content and volume of this work.

Additional work in another profession (position) can be entrusted to a specialist only by combining professions (positions), as required par. 2 tbsp. 60.2 of the Labor Code of the Russian Federation.

Now, keeping in mind the above, we will consider the legal consequences of the introduction of professional procurement standards on the example of the duties of an accountant, who is entrusted with a responsible mission by order - to fulfill the duties of a contract manager. In fact, the employer added additional labor functions to the duties of an accountant.

The profession of an accountant is regulated by the relevant professional standard, which spells out all the labor functions that this specialist must perform. The employer has the right to demand the performance of these functions. But among them there is not a single function related to the planning and implementation of procurement. Because they are in a different standard that describes a different type of professional activity.

Can an accountant perform the duties of a procurement specialist - that is, carry out another type of professional activity? Maybe, but only if you want - as an additional work, by combining.

The employer must issue an order appointing an accountant as a contract manager, having received in advance written agreement of your employee, and, most importantly, decide on the possibility of additional payment - compensation for performing labor functions in another profession. In fact, the employer must "persuade" the employee to work also with public procurement, motivating him financially.

Can an employee prematurely refuse to perform additional functions? Yes, he has the right to do so par. 4 tbsp. 60.2 of the Labor Code of the Russian Federation. However, the employer also has the right to cancel the order to perform such work ahead of schedule by notifying the other party in writing no later than three working days in advance.

The employee refuses the proposed combination

Is it possible to fire an employee if he refuses to work in the new conditions? Consider a situation where an employer is trying to change the terms of an employment contract by offering the employee additional duties of a contract manager, but the subordinate refuses such an offer.

The right to change the terms of the employment contract gives the employer Art. 72 Labor Code of the Russian Federation. This adjustment is possible if the previous working conditions cannot be maintained due to changes in organizational or technological conditions labor. If the employee refuses to continue working due to a change in the terms of the employment contract determined by the parties, labor contract to be terminated in accordance with p. 7 h. 1 art. 77 Labor Code of the Russian Federation.

It would seem that the employer has the right to dismiss the "obstinate" subordinate, since the contract manager should conduct public procurement - a requirement Law on the contract system must be fulfilled. That is, the employer must make changes in organizational structure, redistribute the load on departments or on specific positions.

However, the above Art. 72 Labor Code of the Russian Federation allows the employer to change any organizational or technological working conditions, except for changes in the work function of the employee . Labor functions cannot be touched - taboo! They are enshrined in the relevant professional standard.

That is why the employer will not be able to change the labor functions of an accountant (or other employee) by forcibly entrusting him with additional duties of a contract manager. After all, the change in labor functions in accordance with the norms Art. 72 Labor Code of the Russian Federation not within the scope of the employer. And it is also impossible to dismiss an employee who refused the proposed "part-time job", since there are no grounds for such a dismissal in the Labor Code of the Russian Federation.

If the employer tries to pass off the duties of a contract manager as a public workload, nothing will come of this either. "Additional responsibilities" - labor functions, all of them are listed in professional standards "Purchasing Specialist" , "Purchasing Expert" . It turns out that this is not a socially useful load and it cannot be “hung” on an employee forcibly.

Already now it is possible to predict the mass occurrence labor disputes between employers and employees who are voluntarily assigned labor functions for planning and making purchases that are not related to their main profession in which they were hired. The presence of such labor disputes will lead to further professionalization of procurement activities.

What should an employer do? Or motivate the right employee to obtain consent to perform the functions of a contract manager, resolving the issue of payment for work. Or centralize procurement activities, introducing a unit on new profession. The use of professional standards for public procurement provides such an opportunity.

Approved by the Order of the Ministry of Labor of the Russian Federation of September 10, 2015 No. 625n.

Approved by the Order of the Ministry of Labor of the Russian Federation of September 10, 2015 No. 626n.

The material was prepared on the basis of the speech of the Chairman of the Trade Union of Procurement Specialists of the Kaliningrad Region V. V. Don at the First All-Russian Conference “System professional qualifications in the field of state, municipal and corporate procurement”, conducted by NP “Association professional specialists in the field of state, municipal and corporate procurement. Conference website: conf.zakupki-profstandart.ru.

Federal Law No. 44-FZ dated 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

We will answer the most common questions about the education of contract service employees and contract managers, about the average salary, about retraining until January 1, 2017.

Medium wage contract manager in Russian Federation?

The average salary of a contract manager in the Russian Federation, according to the site-aggregator of the database of vacancies about the work of Trud.com, is from 25 thousand to 35 thousand rubles. over the last 11 months. The lowest - in December last year and July - 25 thousand rubles. In October this year, contract managers were offered an average salary of 30,000 rubles.

But you must, of course, understand that this is for the whole country (as they say, the average temperature in the hospital), and here Moscow greatly outweighs. If you open websites for work, then in the capital you can get a job as a contract manager for 45-50 thousand rubles. In some cities of Russia - 20 thousand rubles.

The organization has a contract manager, does the institution have the right to appoint another person responsible for the acceptance and examination of the goods?

Yes, definitely. Law No. 44-FZ does not restrict this right.

To get full access to the PRO-GOSZAKAZ.RU portal, please, register. It won't take more than a minute. Select social network for quick authorization on the portal:

Can be part of the contract service, for example, the head technical department, home nurse and other employees submitting the need and technical task, as well as a comparison of two manufacturers of goods that they can use in their work. And if it is permissible to involve these employees in contract service, is it necessary to have training in accordance with Federal Law No. 44?

Yes they can. But they must have prior to January 1, 2017 higher 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, and from January 1, 2017 - in the field of procurement.

Are professional standards currently being applied? The Deputy Chief Physician for Economic Affairs has been appointed head of the contract service. How to assign procurement responsibilities to an employee without increasing the amount of work?

If the head physician on economic issues was engaged in some limited volume. Without increasing the volume of responsibilities, this will not work. Let other powers be removed from him.

Is it true that without a legal education they are not admitted to the contract system?

No. Law No. 44-FZ does not explicitly state that education must be specifically legal. The key word here is “ordering” and “purchasing”.

Part 23, Art. 112. Until January 1, 2017, a contract service employee or contract manager may be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. According to part 6 of Art. 38 of Law No. 44-FZ, contract service employees, the contract manager of the customer must have higher education or additional professional education in the field of procurement.

According to part 6 of Art. 38 of Law No. 44-FZ, contract service employees, the contract manager of the customer must have a higher education or additional professional education in the field of procurement. Until January 1, 2017, an employee of a contract service or a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (part 23 of article 112 of Law No. 44-FZ). That is, education obtained by studying Law No. 94-FZ is valid.

Please explain on the basis of what legal norms it is concluded that contract service workers can NOT be members single commission customer?

This is stated in the order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 “On approval of the Model provision (regulation) on contract service”, but not in an imperative manner (that is, this is not necessary).

Part 8. The regulation (regulation) on the customer's contract service may establish that employees of the customer's contract service cannot be members of the customer's procurement commission.

How often do I need to be trained in 44-FZ?

The need for and frequency of retraining will be determined by your employer or the department to which your organization reports, in job descriptions. We recommend undergoing such retraining as fundamental changes in the legislation on the contract system are adopted.

What is the salary of a contract manager at a school?

From 20 thousand to 80 thousand rubles. depending on the region and volume of work. You can look at this link (in Moscow).

If the fine more salary how to pay it?

Taking into account the financial situation of the person brought to administrative responsibility, the payment of an administrative fine may be spread by the judge, body, official who issued the decision for a period of up to three months. In such a case, you need to contact the body that issued the decision with an application for an installment fine.

Is there a specific period during which the qualification certificate under 44-FZ is valid? Do I need to re-certify every 3 years or every 5 years?

In general, such a certificate is indefinite.

In which case is the document referred to as the "Regulations on the Constitutional Court", and in which "Regulations on the Constitutional Court"?

These are interchangeable concepts - you can use any (for example, the order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 is called “On Approval of the Model Regulations (Regulations) on Contract Service”).

Explain, please, once again about education. There is a higher, but not financial or legal education, there is a certificate of professional development 44-FZ - is this enough for a procurement specialist?

Yes, enough.

Is it obligatory for a manager to undergo training under 44-FZ if there is a trained contract manager?

If you mean the head of the organization, then no. If in the question you mean the head of the contract service, then he must undergo training in accordance with 44-FZ.

Read the latest news and insights from experts on hot topics in public procurement at magazine "Goszakupki.ru"

Hello dear colleague! As you know, in order to make purchases under the 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:

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

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

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

1. procurement, including the conclusion of contracts;

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

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

1. other powers provided for by 44-FZ.

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

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

4. Contract manager requirements for the position

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

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager may be a person 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:

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

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

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

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

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

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

Basic concepts

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

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

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

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

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

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

Regulatory documents

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

• the Constitution of the Russian Federation;
• Federal Law No. 44-FZ;
• civil and budgetary legislation;
• regulatory legal acts that regulate the scope of public procurement in Russia;
• job description of a contract manager of a budgetary institution or regulation on a contract manager 2018.

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

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

Job Responsibilities

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

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

Job Description Example

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

REGULATION OF WORK OF A CONTRACT MANAGER

What is a contract manager and what are his responsibilities?

Lobanova
procurement management consultant
Academy of Industrial Management. N.P. Pastukhov, Yaroslavl

The activities of the state in the fight against corruption and for increasing the transparency of budget expenditures require certain sacrifices. The result of such a struggle is the complication of individual business operations. As a result, in order to stay afloat, institutions have to constantly improve the skills of a number of specialists, and, if necessary, introduce new full-time positions.
At the same time, the manager faces the question: what job responsibilities should be assigned to the employee, and is it necessary to create a separate independent unit to implement the norms of the law?

The future belongs to professionals!

The fact that in state and municipal institutions professionals should be engaged in procurement, we have already told on the pages of our magazine. It's no secret that for most customers, regulated purchases are an additional procedural burden. First of all, this is due to the lack of qualified personnel and the high degree of staff turnover in procurement.
However, having decided to hire a specialist qualified in the field of procurement law, the head of the institution must solve a number of issues:
- how much work to entrust to such a specialist;
- is there enough work for one staff unit or do you need to open several rates;
— how to control the performance of the corresponding amount of work by a specialist/specialists?
Unfortunately, at present there are no recommendations recommended or approved by the relevant executive authorities on establishing the number and determining the complexity and volume of work performed by procurement specialists. Therefore, state and municipal institutions should conduct certain studies in this direction on their own.

Purchasing volume

Such studies should begin, first of all, with determining the volume of purchases of goods (works, services) carried out by a particular customer institution.
The customer, whose total annual volume of purchases exceeds one hundred million rubles, is obliged to create a contract service, while the creation of a separate structural unit as a staff unit is not mandatory. In other cases, the customer is obliged to appoint an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).

Re: Inclusion of a contract manager in the staff list

Alena Kukolkina» 08 Sep 2016, 15:24

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

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

Contract service under 44-FZ and contract manager

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

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

Regardless of the method chosen by the employer for formalizing relations with contract service employees, contract managers, the employer must ensure that the qualifications of such employees comply with regulatory requirements. According to part 6 of Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
Furthermore, in accordance with Art. 195.3 of the Labor Code of the Russian Federation if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. In other cases, the characteristics of qualifications contained in professional standards are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.
The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 625n, the professional standard "Expert in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 626n.
Thus, in terms of the qualification requirements established by Part 6 of Art. 38 of Law N 44-FZ, these professional standards are mandatory. It should be noted that these professional standards often establish more stringent requirements for the qualifications of employees than those provided for by the above norm of Law N 44-FZ. So, for example, in relation to employees performing duties assigned to individual generalized labor functions, there are requirements for work experience. These requirements under Art. 195.3 of the Labor Code of the Russian Federation are advisory in nature for the employer, since Law N 44-FZ does not establish them. A similar point of view is expressed in the letter of the Ministry of Economic Development of Russia dated June 27, 2016 N D28i-1744.AlenaKukolkinaSpecialist of the State Procurement Committee of the Republic of Tatarstan Messages: 450Registered: 01 Jul 2014, 10:34