In development of the principle of professionalism of the customer, Article 38 of the Law on the contract system contains provisions regulating the creation and operation of the contract service. Not all customers are required to create a contract service, but only those whose total annual volume of purchases exceeds 100 million rubles. If it is equal to or less than 100 million rubles, then the customer has a choice: to form a contract service or appoint a contract manager.

However, this option is not possible, since the contract manager is executive responsible for the implementation of the procurement or several procurements, including the execution of each contract (part 2 of article 38 of the Law on the contract system).

And an official cannot act on the basis of a civil law contract, he must be connected with the customer by labor relations.

Thus, those employees of the customer who have the appropriate education and experience in accordance with the rules of the previously existing Law on Public Procurement (Federal Law of July 21, 2005 No. 94-FZ) may not be trained in accordance with the norms of the Law on the contract system until January 1 2017. The same applies to candidates for positions requiring functional duties contract service worker or contract manager. Although the practice of the first half of 2014 showed that procurement specialists are willing to study new rules and procedures. Moreover, they strive to obtain knowledge, and not just a “crust”, and they are stimulated to this by serious administrative fines (Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation).

• provide appropriate guarantees.

3) pay for tuition;

Littleone 2009-2012 > Family matters > Work and education > Who works as a public procurement specialist?

View full version: Who works as a public procurement specialist?

23.03.2012, 20:28

Hello. Please share your experience about this work. The situation is such that there is an opportunity to go to this vacancy. My worries are related to the fact that now I work in another field and have no experience in this work. On the one hand, I want to try something new, and on the other hand, I'm afraid to leave my current job and not be able to cope with a new one (
Please tell us how much work is a specialist in state. procurement is difficult and what are the pitfalls. I'd be grateful for any feedback.

Work in the Customer's system or in the Contractor's/Supplier's system? In the latter case, I can tell you a little, but I only have experience in construction - there is a specificity here. And Mr. purchases in the same area in which you work now? If so, then it's probably worth a try.

23.03.2012, 22:24

In the customer's system, any work (even a clerk) is seriously different from work in the contractor's system. At one time, I considered an offer to work with a customer in construction, but after weighing all the pros and cons, I refused, although I have been working in construction for 10 years. In the case where the sphere is completely invisible, i.e. for example, they worked in household chemicals - and suddenly in medicine ... I don’t even know. But I am a very cautious person, maybe all my life I was afraid to change the familiar field of activity in vain. I hope that those working in this particular profile will give you detailed, good advice. In any case, it is worth assessing the ratio of possible risks and benefits from new job(not only financially, but also in terms of further development). I wish you good luck!!1

23.03.2012, 22:51

Thanks a lot. In this situation, I just consider it in terms of development, because at my current job there is no development at all ... (

In this case, go without hesitation - if on existing work no development - nothing to lose. Try to get savvy in this area - it’s better, of course, if your friends explain it, or here on the forum professionals catch up and advise. In extreme cases, there are still courses - but they are often taught by those who only theoretically know this topic, and they themselves have never worked in public procurement.

My economist works part-time like this - by God, in practice, he doesn’t understand anything about it. Keep it up, everything will work out!

23.03.2012, 23:20

Thanks for your support :flower:

In the system of the customer in the field of medicine. The work is not in the same area where I work now. I want to change the specifics of the work, so I think it's worth it or not. It's kind of scary.

Public procurement in the pharmaceutical business is handled by the most seasoned salespeople who are ready to do anything for the sake of results. Buyers are even more sophisticated, it’s not so easy to choose from a variety of offers, you can choose depending on some additional factors (who and how zabashlyal). As a rule, both sides have a brilliant higher medical education and practical experience in their field and in sales.

24.03.2012, 14:39

I may not have understood you correctly, but the author asks about the position of a tender manager - you are probably writing about the position of a sales manager in honey. sphere? These are totally different things. The author will have to place tenders (competitions, auctions, request for quotations) on behalf of the state. customer - most likely regional (Author, correct if I'm wrong - because if the customer is municipal - this is a completely different song). Well, check the incoming documentation for compliance with the terms of the tender.
It is unlikely that the author is invited to the position of "passing", this position is fraught with both the possibility of vilification and responsibility for the results of the auction.

As far as I understand, this is exactly what it is.

I have a friend who worked in this profession. I don’t know the subtleties, but she went to work after the post of secretary. Specialist. She had no experience or education. learned everything on the spot. But! she had connections, and this, as I understand it, means a lot. She studied the legislation constantly, as it changed, but this is from her words, and the responsibility seemed to have been up to criminal before. Sob-but I understood one thing: they want, they can substitute. The bosses will say, you will do it, there is no special place to go, but you will do it. how to answer. Therefore: from the point of view of experience, as they say, "a hare can be taught to smoke" (c), from the point of view of responsibility: in my opinion, this is like in a minefield and the salary does not always justify it, because there is a paw - they will, no - in flight...

24.03.2012, 18:31

Moms .. who can substitute it, and even on purpose? The management of the organization (both the customer and the supplier), before the procurement specialist, is interested in not "flying" into the list of unscrupulous or something else. Unless, of course, this is a fictitious sharaga-type_supplier, created specifically to be "taken away" and the one who needs it wins 😉

There will be criminal liability if you violate the criminal code within your competence, so to speak. The rest is the responsibility of the person who has the right to sign documents (usually the director).

Example: she made a deal. She was offered a bribe, because the sums were rather big. She then still twitched, which is desirable and prickly. Like everyone takes it, but she never does. Money is spinning big. It was she who was afraid of criminal liability, since she was the organizer of the tender: she drew up the docks, organized everything, chose, again, according to the applications of applicants. She had a very good place, I repeat, she got there through an acquaintance, .. those who went without an acquaintance received a penny. Who by acquaintance - och. good prizes. and those who took kickbacks denied themselves little. Everyone tried to push his own. On the part of the sellers, there are also different instances, someone offended. someone specifically offers bribes.
. They were constantly sent to seminars to study. tk changes were going on and they had to be tracked. Actually, it was a couple of years ago. According to my latest data on personal experience, little has changed. As you know, you can get anything special and not taking.

24.03.2012, 20:15

Well, you give :)) For you, there is absolutely no difference between "they can set up" and a deliberate violation of the law?
and what prevents to substitute wishful thinking?
I worked in a bank for a couple of years. I know a couple of cases when the authorities (even without being direct) took away documents from a subordinate who, during the check, could face a term. At the same time, he eats, but THAT subordinate was neither a dream nor a spirit. moreover, there was a limited number of people who had access to the object. And the person who took them away was not allowed to this list. The subordinate was not in business at all, honestly did his job and was crystal clear .. But during the check, it would be the subordinate who would be to blame.

25.03.2012, 01:00

25.03.2012, 20:47

I read some reviews and decided that I need to weigh everything carefully ...: 001:

29.03.2012, 17:19

Public procurement in medicine is a very difficult area, full of intrigues, bribes and setups. I am a witness, I work in a related field.
Public procurement in the pharmaceutical business is handled by the most seasoned salespeople who are ready to do anything for the sake of results. Buyers are even more sophisticated, it’s not so easy to choose from a variety of offers, you can choose depending on some additional factors (who and how zabashlyal).

As a rule, both parties have an excellent higher medical education and experience in their field and in sales.
If you are called there only as a pawn for calculations and registrations, this is not a risk. If as someone else, then I would step aside, they will trample on it and they won’t ask for a name, too much money is spinning.
In terms of development, salespeople there develop only by an increase or stagnation of income, as a rule they hold on to their places, sit motionless for years.

Everything is just like that. Although at first glance, it seems that we are talking about sales, but this is all about tenders. Can you share a job? My field of activity (and what to do? :005:

I worked. Gone. It worked from the very beginning, i.e. it also worked on modems. What development are you talking about? the same set of operations. Only before there was a bunch of papers. Now we have switched to email. Some crazy otyaty introduced. From year to year, a list of needs, a plan of procedures, procedures and contracts. It's all! I left and have no regrets.
If it's not a secret, what did they change to?

Responsibility and more responsibility. As a rule, the person who technically launches tenders-auctions is a member of the commission and puts his signature under each final document. A lot of technical work, how to draw up documents, where to find prices, sometimes to persuade suppliers to provide all sorts of commercial offers etc.
Legislation is constantly changing, you will always have to be aware of it.
Of the minuses is the opportunity to visit the FAS, as there are statements from suppliers about the dishonesty of what is happening.
The salary is usually not that high.
Something like this

04.04.2012, 20:25

That is, as I understand that the work is not so hot? (
Or I'm wrong???

no worse than others, you just need to know well and constantly monitor changes in the law on public procurement. usually young people work, so there is someone to ask for advice.

04.04.2012, 22:17

The fact is that I am afraid to change the awl for soap (((I want to change my job for this one. But I don’t know how difficult, interesting and promising it is ...

All budgetary and state organizations. The system will not go anywhere, changes are only added to the laws. Mostly technical work - connected with the computer. Part of the work can be done at home if you have access to the Internet. The prospect is probably there. The direction is new, in principle, interesting. Having worked in the budget, to gain experience, you can go to the suppliers.
Pitfalls are everywhere, if you have a head, everything is decided.

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REGULATION OF WORK OF A CONTRACT MANAGER

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

State action to fight corruption and increase transparency budget spending requires certain sacrifices. The result of such a struggle is the complication of individual business transactions. 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 is faced with the question: what official duties to assign 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, there are currently no recommended or approved by the relevant authorities executive power recommendations on establishing the number and determining the complexity and volume of work performed by procurement specialists. Consequently, certain studies in this direction are state and municipal institutions must carry out 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 creating 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).

Requirements for the education of contract service specialists

One of the principles of the Law on the contract system is the principle of professionalism of customers. It assumes that customers conduct purchases on a professional basis with the involvement of qualified specialists. But common standards no public procurement training. How to confirm the qualifications of employees?

In development of the principle of professionalism of the customer, Article 38 of the Law on the contract system contains provisions regulating the creation and operation of the contract service.

Not all customers are required to create a contract service, but only those whose total annual volume of purchases exceeds 100 million rubles. If it is equal to or less than 100 million rubles, then the customer has a choice: to form a contract service or appoint a contract manager.

Moreover, the contract manager is not the title of the position, but the designation of the functional duties of the official of the customer responsible for the purchase or several purchases, including the execution of each contract (part 2 of article 38 of the Law on the contract system).

The customer has the right to appoint a contract manager in respect of one purchase by his order. That is, this is a specific assignment to perform certain functions.

Often, customers ask themselves whether it is possible to transfer the functionality of a contract service (contract manager) to a third party, in other words, to attract professionals under the contract.

However, this option is not possible, since the contract manager is an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (part 2 of article 38 of the Law on the contract system). And an official cannot act on the basis of a civil law contract, he must be connected with the customer by labor relations.

Employees of the contract service are referred to in the Law on the contract system as employees. Consequently, they are connected with the customer precisely by labor, and not by civil law relations.

Do not forget about the requirements labor law RF. Yes, according to article 56 Labor Code RF, the employee performs a certain labor function. The functional responsibilities of each employee of the contract service, as well as the contract manager, must be established by their job descriptions. Recall also that changes can be made to the job description of the employee only with his written consent.

The creation of a contract service as a separate structural unit is not mandatory (part 1 of article 38 of the Law on the contract system). The customer can "bring" the functions of the contract service to his existing department (structural unit). Therefore, a procurement specialist (contract service employee) may have a different job title. The main thing is to establish appropriate responsibilities in his job description and issue it with an order. › |

First of all, it should be noted that the Law on the contract system contains a provision for a transitional period. Employees of the contract service (contract manager) who have professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs are exempted from the need to undergo new training. Such a “delay” is established for them until January 1, 2017 (part 23 of article 112 of the Law on the contract system).

Thus, those employees of the customer who have the appropriate education and experience in accordance with the rules of the previously existing Law on Public Procurement (Federal Law of July 21, 2005 No. 94-FZ) may not be trained in accordance with the norms of the Law on the contract system until January 1 2017. The same applies to candidates for a position that involves the performance of functional duties of a contract service employee or contract manager. Although the practice of the first half of 2014 showed that procurement specialists are willing to study new rules and procedures. Moreover, they strive to obtain knowledge, and not just a “crust”, and they are stimulated to this by serious administrative fines (Art.

If the person does not have vocational education or additional vocational training in the field of placing orders, then it is necessary to be guided by the norm of subsection 38 (6) of the Law on the contract system. It reads: "Contract service employees, contract managers must have higher education or additional professional education in the field of procurement."

In accordance with Part 10 of Article 60 of the Federal Law of December 29, 2012 No. 273-FZ “On Education ...”, the improvement or assignment of qualifications based on the results of additional vocational education is confirmed by a certificate of advanced training or a diploma of professional retraining. Samples of these documents are independently established by educational organizations. Additional vocational education provides for training in advanced training programs and vocational retraining programs. › |

The educational organization has autonomy. In particular, it refers to independence in the conduct of educational activities, development and adoption of regulations in accordance with the regulations of the Russian Federation and the charter of the organization (Article 28 of Law No. 273-FZ).

Forms of training, terms of mastering additional professional programs, as well as the form of final certification are determined by the educational program and (or) the agreement on education.

Note that the specific requirements for advanced training in the field of procurement at the level federal law not planned to be introduced. All questions are resolved only in the most educational program, which, in turn, is compiled by the educational organization under the license.

However, work is currently underway to prepare methodological recommendations on the content of additional professional education programs in the field of procurement in order to implement the principle of professionalism of the customer, provided for in Article 9 of the Law on the contract system. But this is not about introducing the appropriate educational standard, but only about recommendations addressed to educational organizations.

Federal laws may specify when professional education or additional vocational education is a condition for employees to perform certain types of activities. Then the employer is obliged to conduct such training (Article 196 of the Labor Code of the Russian Federation).

In doing so, trainees need to:

• create conditions for combining work with education;
• provide appropriate guarantees. › |

Requirements for contract service workers are just such a case. And if contract service workers or a contract manager need to undergo additional professional training, the institution must:
1) issue an appropriate order;

2) conclude an agreement with an educational organization;

3) pay for tuition;

4) issue a business trip to the employee (if he is studying in another area).

Please note: each educational organization is obliged to post on its website information about itself and its activities, including a license (Decree of the Government of the Russian Federation of July 10, 2013 No. 582). There are many precedents now where learning is done by subjects (like legal entities, and individual entrepreneurs) who do not have a license to conduct educational activities. This should be taken into account when choosing an organization where your employees will go to study.

Belyaeva O. A., Leading Researcher, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Yu. n.

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 (in this case, the creation of a special structural unit is not mandatory). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. at SHOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Obligations of a contract manager under 44-FZ

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

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

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

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

1. procurement, including the conclusion of contracts;

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

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

1. other powers provided for by 44-FZ.

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

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

4. Contract manager requirements for the position

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

According to part 23 of article 112 of 44-FZ, until January 1, 2017, a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (i.e. .training according to 94-FZ).

5. Contract manager under 44-FZ: job description

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

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

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

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

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

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

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

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

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

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

7. Contract manager: training and professional standard

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

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

As I said earlier, until January 1, 2017, a contract manager can be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (part 23 of article 112 of 44-FZ).

In addition, a connection has been established between these standards and the CEN (Unified Qualification Directory for the Positions of Managers, Specialists and Other Employees) and OKPDTR (All-Russian Classification of Workers' Occupations, Positions of Employees and Wage Categories).

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

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

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

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

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

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

BUT expert should have:

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

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

8. Search for a vacancy of a contract manager

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

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

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

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

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

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

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

" № 9/2016

Two professional standards have been 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 employers have additional responsibility.

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 representatives of 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 it is now illegal for him to perform additional procurement duties as a public benefit without obtaining his written consent.

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.

As early as June 2016, another 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 no funding was provided for these functions in the budget, 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

As a rule, if the organization does not have a full-time “contract manager” position, then the employer assigns labor functions for 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 establishment of 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 using 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 his employee, and, most importantly, to resolve the issue of 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 responsibilities as 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 working conditions. If the employee refuses to continue work in connection with a change in the terms of the employment contract determined by the parties, is subject to termination 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 the 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 massive emergence of labor disputes between employers and employees who are voluntarily-compulsorily 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 remuneration for work. Or centralize procurement activities, introducing a unit in a 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 "The System of Professional Qualifications in the Field of State, Municipal and Corporate Procurement", held by the non-profit partnership "Association of 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”.

Today, about 3 thousand vacancies are open in state organizations of the country, working according to 44-FZ and 223-FZ. Approximately 8,000 professionals are looking for work in this area. On average, 2.5 people apply for one place. The average salary of the head of the contract service in Moscow and St. Petersburg is 160 thousand rubles, the minimum is 80 thousand, the maximum is 500 thousand rubles.

George Sukhadolsky

Such data were presented at an open meeting, which was held in the public-talk format, where representatives of contract and personnel services, electronic platforms, and students were present. The participants of the meeting discussed the profession of a contract specialist, its risks and benefits; what qualities a tender specialist should possess in order to become successful; perspectives of the profession: how digitalization will change the work of contract services; is it possible to make a career in the procurement market; how to become a pro and does age matter; what is the demand for tender personnel: deficit or surplus; how to be always aware of the requirements of changing legislation and much more.

Georgy Sukhadolsky, General Director of the Association of Professional Specialists in the Field of State, Municipal and Corporate Procurement, Procurement Expert of the Expert Council under the Government of the Russian Federation, believes that the purchaser is one of the key and promising professions in the public procurement market:
and the upcoming digitalization, and the current situation associated with a large number of changes in legislation. At the same time, one should not forget that no matter what regulation the state introduces, it is all the same for people to fulfill it, because in the end they make a decision. Buyers are people who must be self-motivated to develop and improve themselves, their environment
and their results.

According to Elmira Sultanova, head of the contract service of the Department of capital repairs of the city, she believes that there is no shortage of contract managers. But there is a shortage of specialist buyers on the market: “Purchasing is a team work. Success depends on how competently the processes are built, including those related to digitalization. Therefore, you should not be afraid of it - a specialist who owns it should deal with the software product,

constantly expanding their knowledge. And there are very few of them in Moscow today.”

Valeriy Sergiyenko, Deputy Head of the Procurement Department of the State Institution of Ukraine, Directorate of the DOGM Valery Sergienko identified the main quality that is needed in the procurement market - this is stress resistance. “When there is a wave of very important purchases, and it goes on all the time, it is necessary that people understand why they are doing this and what result they should get in the end. Another quality follows from this - purposefulness: people must understand the purpose of the purchase they are making. Moreover, this goal is not the publication of a notice, as many novice contract managers mistakenly think, but the high-quality execution of the concluded contract,” said Valery Sergienko.

The professor of the Department of Management of State and Municipal Procurement of the Moscow City University of Management of the Government of Moscow also confirmed that the procurement service is one of the main ones for an effective organization. Therefore, it is important that contract service specialists be professionals with a huge number of qualities and skills, able to take responsibility. But in addition to managerial competencies and knowledge of the law, a contract manager is, first of all, a person who knows how to coordinate procurement activities and constantly develop.

“The position of “contact manager” is still not available for all customers.
Contract managers and heads of contract services most often occupy other positions - a lawyer, an economist, and so on, ”says Svetlana Appba, head of the methodological department of the National Electronic Platform. “Often we are faced with the fact that
This unit is not in the staffing table. Responsibilities are shared - someone does the planning, the accounting department pays, it all comes together piece by piece. A contract manager is a lawyer or deputy director. It is often difficult to prove to management that a purchasing department is needed in accordance with professional standards. It took me three years to create such a department, and I consider this my achievement.

I was a contract manager, then the head of the contact service and independently created the purchasing department. At first I was an industry specialist, then a legal education and economic courses.
We, the buyers, must be a storehouse of all knowledge - industry, legal and economic, in order to carry out quality purchases without violations.

The profession of a contract manager, according to Irina Belousova, head of the contract service, school No. 1248, is at the intersection of several sciences - economics, law and accounting. Law plays a big role, because, most often, tender specialists have to deal with contracts. Here you need to be aware of your capabilities within the legal framework.
Despite the fact that the profession is quite young, the requirements for it are increasing. To work in this area, you need to be an inquisitive, attentive employee with a broad outlook. A person must quickly get involved in the work, know what is at stake, and where to get this or that information.

“The procurement sector is constantly evolving, more and more people from the executor are involved, who attract public procurement specialists, because they themselves cannot cope. At first, almost all tender specialists were just beginning to study this area, and now they are trying to reach a higher professional level,” Irina Belousova believes.

Natalya Braslavskaya, head of the recruitment group at the Recruiting Academy of Ilgiz Valinurov, suggested that the secret of the contract manager profession lies in the personal qualities of the employee. In particular, in his proactivity. If a person himself turns out to be the initiator of learning, development, establishing new contacts, this is very valuable. Here
It does not matter if it is a commercial or government organization: the employer sees the potential in the employee, spends his resources on improving his skills, and, subsequently, the employee brings him a good profit. “Most often, at the interview, people declare their full readiness to do something. But the phrases "I'm ready to do it"
and "I can't help it" are two completely different stories. If a person is proactive and tries to complete all the assigned tasks, knows how to negotiate, the employer is very lucky,” Natalya Braslavskaya shared her experience.

According to Victoria Yashina, Human Resources Director of United Electronic Trading Platform JSC, in modern conditions the profession of a contract manager is extremely in demand.
and unique. About 3,000 vacancies are open in state organizations of the country, working according to 44-FZ and 223-FZ. Currently, approximately 8,000 professionals are looking for work in this area. On average, 2.5 people apply for one place.

“This situation arises due to the lack of quality specialists. The demand for professionals in this field is growing. Both government and commercial organizations
looking for employees who are ready to work for the business and constantly improve their skills.
The time of digitalization requires new knowledge and computer literacy from tender specialists. At the same time, an employee of the contract system must be able to adapt to the environment, the market situation, since the world is rapidly changing, and at the same time, legislation is becoming more complicated. If all these qualities are inherent in a specialist, he definitely will not be left without work, ”said

Victoria Yashin.

“The profession of a contract manager has more than 10 different names - director
Purchasing Manager, Tender Manager, Purchasing Manager….
About 2.7 thousand resumes were posted for the position of purchasing manager,
and there are about 600 vacancies. The personnel market in Moscow is one of the most competitive - 4-5 people per place, ”Sergey Svetochenko, head of the Superjob press service, shared his research,” ”The average salary of the head of the contract service in Moscow
and St. Petersburg, taking into account both commercial and non-profit organizations, is 160 thousand rubles, the minimum is 80 thousand, the maximum is 500 thousand rubles.

Two professional standards have been 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 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, but works, for example, as an accountant or secretary, then it is now illegal for him to perform additional labor duties in procurement as a public benefit without obtaining his written consent.

Paragraph 2 of Art. 38 of the Law on the contract system obliges 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

As a rule, if the organization does not have a full-time “contract manager” position, then the employer assigns labor functions for 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 using 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 responsibilities as 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 working conditions. If the employee refuses to continue working due to a change in the terms of the employment contract determined by the parties, the employment contract is subject to termination 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 the 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 massive emergence of labor disputes between employers and employees who are voluntarily-compulsorily 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 remuneration for work. Or centralize procurement activities, introducing a unit in a 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 Specialists in the field of procurement of the region V. V. Don at the First All-Russian Conference "The system of professional qualifications in the field of state, municipal and corporate procurement", held by the NP "Association of professional specialists in the field of state, municipal and corporate procurement" . Conference website: conf.zakupki-profstandart.ru.