The requirement for a contract manager according to 44 fz. Why do you need a contract manager? Job description. Contract manager. Functional responsibilities and qualification requirements

Purchases of state and municipal customers must be carried out by professionals - these are the requirements of Law 44-FZ. The organization must have a contract service or one specialist is hired - contract manager. The duties of the manager are prescribed in a separate document - the job description.

How to form a service

If the purchase volume of the customer does not exceed 100 million rubles, you can get by with a contract manager. Otherwise, it is necessary to form a full-fledged contract service. It is necessary to develop a regulation on contract service, a sample of which is contained in the order of the Ministry of Economic Development of October 29, 2013 No. 631.

The customer can hire a manager in different ways:

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

1. Take on the job from the side and conclude an employment contract with him.
2. Transfer an employee to this position from among those who already work for the customer and meet the criteria. He must first undergo professional training.
3. Hire an existing employee on a part-time basis(half-time).

Regardless of the choice of option, the customer's manager must issue order appointing a contract manager and approve it job description. In addition, you will have to change the staffing table - add the appropriate position there.

Manager functions

What should a contract manager do? The list of its functions is given in the law. These include the following:

1. Formation, modification and publication.
2. Preparation of notices and procurement documentation, as well as invitations to closed procedures.
3. Participation in the procedure, including the conclusion of the contract.
4. Consulting suppliers and contractors.
5. Participation in disputes related to the purchase, determination of the supplier.

Requirements for employees who are responsible for public procurement are contained in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. The specialist must have knowledge and experience in the field of procurement. He must know not only the law 44-FZ, but also be familiar with civil, budgetary and other codes and laws. The specialist must be able to draw up documents and evaluate applications, know the intricacies of procurement planning and work with electronic platforms.

What to include in a job description

The job description of the contract manager is an internal document of the customer, which defines the requirements for him, his duties and rights. It shows what exactly is included in the area of ​​responsibility of the manager and what powers are given to him.

The instruction consists of several sections - their contents are presented in the following table. And at the end of the article is a sample job description for a contract manager.

Table. Sections of the job description of a contract manager

Chapter	Content
General provisions	The procedure for appointment and dismissal, general information about the position and requirements for the employee who is hired for it
Functions	General specialist functions
Responsibilities	Actions to be taken by the manager
Rights	Scope of rights of a specialist
Responsibility	Measures to be taken in case of violations
Final provisions	Links to professional standards, the procedure for making changes to the job description

Job Description Sample Page 1

Job Description Sample Page 2

Job Description Sample Page 3

job description template ending

In accordance with Part 2 of Art. 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) - if the total annual volume of purchases of the customer in accordance with the 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).

Wherein, said person must have higher education or additional professional education in the field of procurement (part 6 of article 38 of Law N 44-FZ).
Until January 1, 2016, 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 N 44-FZ).
There are no other mandatory requirements for the position of a contract manager under Law No. 44-FZ.

Thus, according to the law, at present, the customer must appoint from among his employees a responsible official who meets the established requirements for education, including in his labor function the functions and powers listed in Part 4 of Art. 38 of Law N 44-FZ.

In a situation where we are talking about the addition labor function an already working employee with new responsibilities, such an addition can be made in the manner prescribed by Art. 72 of the Labor Code of the Russian Federation, by concluding additional agreement to an employment contract.

The director of the institution is also a contract manager, in which case the director writes an order for himself?

Article 20 Labor Code The Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) reveals the concepts of the parties to labor relations.
Thus, the parties to labor relations are the employee and the employer.
At the same time, an employee is an individual who has entered into an employment relationship with an employer, and an employer is an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In the cases stipulated federal laws, another entity entitled to conclude employment contracts may act as an employer.

According to part 6 of Art. 20 of the Labor Code of the Russian Federation - the rights and obligations of the employer in labor relations carried out by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them, other persons authorized to do so in accordance with federal law, in the manner established by this Code, other federal laws and other regulatory legal acts Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents legal entity (organization) and local regulations.

The head of an organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local statutory acts manages this organization, including performing the functions of its sole executive body(Article 273 of the Labor Code of the Russian Federation).

Consequently, the head of the organization has the right to issue orders in relation to all employees of the institution, and as an employer, issue an order to appoint an official responsible for procurement (contract manager), subject to the above labor law norms.

FOR REFERENCE:
The provisions of Chapter 43 of the Labor Code of the Russian Federation apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, except in cases where: the head of the organization is the sole participant (founder), member of the organization, owner of its property; management of the organization is carried out under an agreement with another organization ( managing organization) or individual entrepreneur(manager).

Does the head of the organization (customer), who has been trained under 44-FZ, have the right to be a contract manager?

Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) speaks, in particular, about the contract manager .

According to 44-FZ, the organization must have a contract service or a contract manager. And how many contract managers can be appointed in one budgetary organization? I. What is the maximum strength of the contract service?

Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) regulates the creation and functioning of the contract service and contract manager.

So, if the total annual volume of purchases of the Customer exceeds 100 million rubles, then in accordance with paragraph 1 of Art. 38 of Law No. 44-FZ, he is OBLIGED to create a contract service. The contract service does not have to be a structural subdivision of the customer (part 1 of article 38 of Law N 44-FZ). However, it must act in accordance with the regulation (regulation) developed and approved on the basis of the model regulation (regulation) approved by the federal executive body for regulation contract system in the field of procurement (part 3 of article 38 of Law N 44-FZ). Order of the Ministry economic development The Russian Federation of October 29, 2013 N 631 approved the Standard Regulations (regulations) on contract service.
This Model Provision stipulates that the structure and number of contract service is determined and approved by the customer, but cannot be less than two people (clause 7 of the Model Provision). Those. the minimum number of contract service is indicated, the maximum number is not limited by law and is determined by the customer independently.

If the total annual volume of purchases does not exceed 100 million rubles, the Customer has the RIGHT TO CHOICE - either create a contract service or appoint a contract manager - an official responsible for procurement, including the execution of each contract (clause 2, article 38 of Law No. 44 -FZ).

At the same time, within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, it can be concluded that the contract manager is the person responsible for the implementation of a specific purchase or several purchases. It is this person that must be indicated as the contract manager in the documentation placed during the procurement in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, paragraph 6, part 5, article 80, paragraph 8, part 6, article 83 of Law No. 44-FZ). We could not find in Law N 44-FZ a ban on the appointment of different persons as contract managers responsible for different purchases. The only restriction is the availability of vocational 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 6 of article 38, part 23 of article 112 of Law N 44-FZ).

However, we believe that in a situation where several officials are responsible for the implementation of one procurement, the actions of the customer can be qualified as the creation of a contract service, which, as noted above, must act in accordance with the Model Regulations (regulations) on the contract service (approved by Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631).

FOR REFERENCE:
On the formation of a contact manager.

Contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement (part 6 of article 38 of Law N 44-FZ). BEFORE January 1, 2016, 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 N 44 -FZ).

As the Ministry of Economic Development of Russia explains, AFTER January 1, 2016, all employees of the contract service, as well as the contract manager, must have a higher education or additional professional education IN THE FIELD OF PROCUREMENT. This applies to state and municipal employees, whose job regulations include responsibilities in the field of procurement. By January 1, 2016, they are required to undergo vocational training or advanced training under additional professional education programs in the field of procurement (see letter of the Ministry of Economic Development of the Russian Federation dated September 23, 2013 N D28i-1070).

Does Federal Law No. 44 apply to subsidies?

According to Part 1 of Art. 15 of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) - budgetary institutions carry out purchases at the expense of subsidies provided from budgets budget system Russian Federation, and other means in accordance with the requirements of this Federal Law, except for the cases provided for by parts 2 and 3 of this article.

In the presence of a legal act adopted budget institution in accordance with Part 3 of Article 2 of the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services certain types legal entities" and placed before the beginning of the year in a single information system, this institution has the right to carry out in the corresponding year, in compliance with the requirements of the specified Federal Law and the legal act of procurement:

1. at the expense of grants transferred free of charge and irrevocably by citizens and legal entities, including foreign citizens and foreign legal entities, as well as by international organizations that have acquired the right to provide grants on the territory of the Russian Federation in the manner established by the Government of the Russian Federation, subsidies (grants) provided on a competitive basis from the relevant budgets of the budgetary system of the Russian Federation, unless otherwise provided by the conditions determined by the grantors;
2. as a contractor under a contract in the event that other persons are involved on the basis of an agreement during the execution of this contract for the supply of goods, performance of work or provision of services necessary to fulfill the obligations of this institution under the contract;
3. at the expense of funds received in the course of carrying out other income-generating activities from individuals, legal entities (with the exception of funds received for the provision and payment medical care on compulsory health insurance) (part 2 of article 15 of Law No. 44-FZ).

The decision taken by a budgetary institution on the implementation of the procurement specified in paragraphs 1-3 of part 2 of this article in the manner established by this Federal Law, or in accordance with Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services by certain types legal entities" cannot be changed in the current year (part 3 of article 15 of Law No. 44-FZ).

Which Federal Law should be guided (44 or 223) by autonomous healthcare institutions when purchasing at the expense of the Compulsory Medical Insurance Fund?

First of all, we note that the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) should come into force only from January 1, 2014. Therefore, there is no law enforcement practice on its application, and, as far as we know, no official clarifications on this issue have yet been issued. Accordingly, we can only express our opinion on the interpretation of the provisions of this Law.

From January 1, 2014, an autonomous institution must be guided by the provisions of Law No. 44-FZ only in the cases listed in part. 4 and 6 st. 15 of this Law.

As indicated in paragraph 3 of part 1 of Art. 1 of Law No. 44-FZ, this Law governs relations aimed at meeting state and municipal needs, insofar as it relates, in particular, to the conclusion of civil law contracts for the supply of goods, performance of work, provision of services on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipal education, as well as a budgetary institution (hereinafter referred to as contracts). Other legal entities conclude contracts in accordance with the norms of the Law N 44-FZ only in the cases listed in h.h. 1, 4 and 5 st. 15 of Law N 44-FZ.

So, by virtue of Part 4 of Art. 15 of Law N 44-FZ, the provisions of this Law regulating relations for planning procurement, determining suppliers (performers, contractors) and concluding contracts, apply to autonomous institutions when they plan and carry out purchases at the expense of funds from the budgets of the budgetary system of the Russian Federation provided to such institutions in in accordance with the RF Budget Code and other regulatory legal acts regulating budgetary legal relations, for the implementation capital investments in objects of state, municipal property. At the same time, in relation to such purchases, the provisions of Law N 44-FZ governing the monitoring of purchases, audit in the field of procurement and control in the field of procurement are applied.

In addition, in the event that, in accordance with the RF BC or other regulatory legal acts regulating budgetary legal relations, state bodies, management bodies of state non-budgetary funds, local government bodies that are state or municipal customers transfer their powers to make purchases free of charge on the basis of contracts (agreements) to autonomous institutions, such institutions, within the limits of delegated powers, carry out procurement of goods, works, services in the person of these bodies in accordance with the provisions of Law N 44-FZ, which regulate the activities of state and municipal customers (part 6 of article 15 Law N 44-FZ).

In all other cases, the provisions of Law N 44-FZ do not apply to autonomous institutions.

Article 94 of Law No. 44-FZ provides for a mandatory examination based on the results of each stage of contract execution. In our institution, the delivery of certain food products (bread, dairy products) is carried out every day with the issuance of a consignment note and an invoice. Is it necessary to conduct an examination of the delivered goods for each delivery?

Yes, the acceptance of the goods is an element of the execution of the contract in accordance with the provisions of Art. 94 of Law No. 44-FZ. When making a purchase, an examination of the results stipulated by the contract is always carried out, regardless of the method of determining suppliers and the frequency of the stages of contract execution. Law No. 44-FZ lists cases of mandatory involvement of experts or expert organizations on the basis of an agreement (part 4 of article 94 of Law No. 44-FZ). The case described by you is not included in such a list, therefore, in this situation, you have the right to conduct an examination on your own.

In the All-Russian classifier of professions for workers, positions of employees and wage categories OK 016-94 (OKPDTR), approved by the Decree of the State Standard of Russia dated December 26, 1994 No. 367, there is no position "Contract manager". How then to appoint a person to this position and what should be indicated in the order of appointment and work book?

The labor legislation of the Russian Federation does not provide for the mandatory assignment of a position in the OKPDTR. For appointment as a contract manager, it is enough to introduce new position in the staffing of the organization, the development of the job description of the bankruptcy trustee and the issuance of the corresponding order. Please note that the sequence of actions should be exactly this, since it is impossible to appoint an employee to a position that is not available in staffing. It is permissible to use the wording "on the appointment of an official responsible for the procurement (contract manager)" in the order.

However, Part 5 of Art. 144 of the Labor Code of the Russian Federation obliges state and municipal institutions be guided by the unified tariff-qualification directory of works and professions of workers, as well as the unified qualification directory of the positions of managers, specialists and employees. In these directories, the position of "contract manager" is not yet available. Before changing these documents, it is most preferable, in order to protect yourself from the claims of the inspection body, to choose another position that is suitable in terms of functionality (for example, "legal adviser") and indicate in his job description the full list of functions and powers given in Part 4 of Art. 38 of Law No. 44-FZ.

There are three possible options appointment of a contract manager:

hiring a new employee for the position of a contract manager (or other position with similar functionality) with a conclusion employment contract;
transfer of an employee to the position of a contract manager (or another position with similar functionality) with the conclusion of an agreement on changing the terms of the employment contract determined by the parties;
combination of positions by an employee of the organization according to the rules of Art. 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).

system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) speaks, in particular, about the contract manager.

So, according to Part 2 of Art. 38 of Law No. 44-FZ establishes that if the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the purchase or several purchases, including performance of each contract - contract manager.

Within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, it can be concluded that the contract manager is the person responsible for the implementation of a specific purchase or several purchases. It is this person that must be indicated as the contract manager in the documentation placed during the procurement in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, paragraph 6, part 5, article 80, paragraph 8, part 6, article 83 of Law No. 44-FZ). Law N 44-FZ does not contain restrictions on the circle of officials who could perform the functions of a contract manager. The only restriction is the availability of vocational 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 6 of article 38, part 23 of article 112 of Law N 44-FZ).

In a situation where it will be a question of supplementing the labor function of an already working employee with new responsibilities, such an addition can be made in the manner prescribed by Art. 72 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), by concluding an additional agreement to the employment contract.

However, it is necessary to take into account the special status of the head of the organization.
Features of labor regulation of the head of the organization are established in Chapter 43 of the Labor Code of the Russian Federation. The provisions of this chapter apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, except in cases where: the head of the organization is the sole participant (founder), member of the organization, owner of its property; management of the organization is carried out under an agreement with another organization (managing organization) or an individual entrepreneur (manager).

Norms Ch. 43 of the Labor Code of the Russian Federation do not prohibit the head from combining positions in the organization he leads. However, federal laws, regulatory legal acts of the constituent entities of the Russian Federation, municipalities, the charter of the institution may provide for restrictions on the combination of positions by the head. Thus, the charter may provide that the head of the institution does not have the right to carry out any activity other than managing the current activities of the organization. The provision on this prohibition should be fixed in the employment contract concluded with the head.

Therefore, in the absence of restrictions in the concluded employment contract extra work in the order of combining professions, it is entrusted to the manager by a person authorized to change the terms of his employment contract in accordance with the charter of the organization (the founder, or the owner of the property of the institution, or another authorized person), with the consent of the employee and indicating a specific period, amount of additional payment, range of work performed.

Please note that according to Art. 276 of the Labor Code of the Russian Federation - the head of an organization cannot be a member of the bodies exercising the functions of supervision and control in this organization.

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 job seekers 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 Classifier of Occupations of Workers, Positions of Employees and tariff 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.

The contract manager is a person budget organization engaged in procurement under the contract system. This is an official who is responsible not only for the implementation of procurement, but also controls the entire process, including compliance with the terms of each concluded contract.

The organization has the right to choose between a contract manager or a contract service. Preference is given to an official if the volume of purchases involves an amount exceeding 100 million rubles, and the company itself does not currently have a contract with the relevant service.

The contract manager may, in the singular, carry out activities for several types of procurement at the same time, but it can also be several people, each of whom will be assigned a separate type of activity.

The job description of the contract manager provides for compliance with certain rules, on the basis of which the entire work process and direct reporting to the organization are carried out.

Why is it necessary

The professional activity of a contract manager begins with the preparation of a plan and the subsequent selection of a supplier. Further, the official negotiates on mutually beneficial terms. The final stage is the analytical activity of the activities carried out and compliance with all the terms of the contract by both parties. Since the volume of purchases is extremely large, the need for a contract manager is justified.

The direct organization of the work of the contract manager is as follows:

• the head of the organization is obliged to focus on the Federal Law-44, which regulates the creation of a contract service;
• appointing a contract manager and determining the number of people reporting to him;
• the contract manager may be the only specialist or have a small staff, each of which will be engaged in a certain area of ​​​​procurement;
• the creation of the service and the determination of the number of people depends on the volume of future purchases.

In most cases, a separate unit is created in the municipal institution responsible for the implementation of public procurement, control over the process and its maintenance until all the conditions of the contract are fulfilled by both parties.

What does the sample fz-44 look like

The basis for creating a contract service and hiring a manager for the head of the organization is FZ-44.

There are several options for the development of events:

• The head of the institution accepts a new employee for the position of a contract manager, with whom an appropriate employment contract is concluded. It is possible to accept a person for another position, but the actual duties of the employee will be the organization and conduct of procurement.
• The head of the institution appoints a person from the existing staff to the position of contract manager. At the same time, the employment contract is re-registered with the introduction of new job responsibilities.
• The head of the institution appoints an employee from his staff to the position of contract manager, but concurrently. In this case, changes are made to the employment contract, there is an additional payment for the performance of new duties. At the same time, the employee performs the previous functions on the previously existing conditions.

After accepting an employee for a new position, an appropriate order is issued to appoint and bring the person up to date.

After taking up the position of a contract manager, the employee has the corresponding duties on the basis of Federal Law-44, as well as Article 232 of the Labor Code of the Russian Federation, in case of failure to comply with which certain penalties are provided.

In addition, there is also administrative responsibility, since the job description of the contract manager provides for liability to the head and the entire municipal organization.

From 2019, only a person with a relevant specialized education in the field of procurement can apply for the position of a contract manager. FZ-44 strictly regulates this item, and also provides for advanced training in this area through training in the interval of at least 16 hours or through full training of a specialist, which takes at least 250 hours.

Requirements for a responsible person in a school or kindergarten

The requirements for a contract manager in a school or preschool educational institution are reduced to compliance with the norms of Federal Law-44. In addition, the specialist must have a broad understanding of the work in children's institutions, know their nuances and requirements.

General provisions

The general provisions of a contract manager in a children's institution are as follows:

• the contract manager is included in the staff of the institution's specialists and is a subordinate of the director of the school or head of the kindergarten;
• the employee must have a higher professional education and additional education in the field of procurement;
• the contract manager is obliged to know the Constitution of the country, civil rights and navigate in the budgetary sphere of activity, as well as to know the provisions of Federal Law-44;
• the contract manager must be well versed in the intricacies of procurement transactions, know the nuances of their conduct and competently apply theoretical knowledge in practice;
• exercise control over the activities of subordinates throughout the process;
• professional activity must comply with the requirements of Russian legislation;
• Being a financially responsible person, the contract manager is fully responsible for his actions to the head of the organization, as well as to the law.

In addition, the main provisions for the contract manager include compliance with safety regulations and labor protection standards.

Responsibilities of a person

A contract manager working at a school or kindergarten has the following responsibilities:

• drawing up a plan for future purchases;
• the assumption of possible changes in the plan and their timely introduction without prejudice to the financial side of the organization;
• loading the plan into a single information service;
• conclusion of contracts;
• participation in the consideration of complaints and claims arising in the course of work, as well as the preparation of reasoned objections;
• negotiating with suppliers at all stages of the procurement;
• maintaining the required level of qualification;
• compliance with and fulfillment of other requirements of Federal Law-44, if any, in a particular case.

The duties of the contract manager are numerous functions, which boil down to a competent and rational approach to procurement, as well as compliance with all the necessary requirements of Federal Law-44 and other regulatory acts of the law.

Skill level

The qualification of a contract manager can directly affect the quality of his work, so there are certain requirements that determine the qualification level. First of all, this refers to the education of the employee. It should howl the highest profile. Proof of training in procurement is also required.

When hiring, the existing experience in the procurement field is of great importance. Excellent knowledge of the Constitution of the Russian Federation, the main provisions of budgetary institutions, the basics of accounting and Federal Law-44 - all this should indicate the level of qualification of the contract manager and, accordingly, the quality of future work.

It is worth noting that with excellent theoretical knowledge, an employee can show high-class organizational skills, unlike a person with unsuccessful experience in the field of procurement.

Order of service interaction

The order of official interaction of the contract manager of the municipal organization with other employees is based on business communication, as well as on the established regulations within collective relations.

Negotiations are carried out exclusively in a business setting. However, it is not allowed to discuss the details of the procurement project by the contract manager with other bidders until the final winner is selected.

Otherwise, this will be considered a violation of the law, unless a different development of the events of Federal Law-44 is provided. The same applies to electronic trading - the contract manager is prohibited from communicating with the operator in order to exclude benefits from both parties.

If the contract manager is related to the supplier, married or legally related, and the transaction for the purchase of goods involves the receipt of a certain benefit, both for one party and the other, then the customer must be informed about this.

The content of the job description of the contract manager

The job description of the contract manager is based on compliance with Federal Law-44, and also implies the provision of complete information on the progress of work to the immediate supervisor and posting it on the Internet on the required portal.

All stages of procurement, from bidding and supplier selection to the provision of reporting information, must be absolutely transparent and in compliance with the necessary standards and requirements.

The direct contract manager must meet the stated requirements, have a higher education, including public procurement courses. The head of the municipal organization, for its part, is obliged to retrain the employee, if necessary, and, if necessary, to monitor the activities carried out at various stages. The contract manager, in turn, is obliged to provide the manager with all the necessary data on the work done.

The contract manager's job description provides for drawing up a plan for future actions and clear compliance with it at all stages of work. If necessary, the action plan can be adjusted, which is agreed with the stakeholders.

The final stage of the job description is the conclusion of a transaction for the supply of goods, compliance with the requirements of all participants in the process and the implementation of the terms of the contract. The manager is a financially responsible person, therefore, in case of poor performance of his duties, he can be presented to an administrative penalty, depending on the degree of violation and the existing intent.

Performance indicators

The performance of the contract manager is evaluated by general and main indicators:

General

the volume and intensity of labor, the possibility of carrying out activities in extreme situations, the discipline of the employee; timely fulfillment of immediate duties; quality of work - the possibility of applying theoretical knowledge in practice; professionalism - the practical use of one's own experience and knowledge to achieve an improvement in the quality of work, as well as borrowing the positive experience of other organizations; organization of the workflow - rational use of time and funds in relation to the existing contract; the possibility of a creative approach to work and the ability to get out of difficult situations due to this; understanding of responsibility for the work being done.

Main

the absence of claims and complaints for the entire period of work - it concerns precisely reasoned shortcomings; conclusion of procurement contracts on the most effective terms; compliance with the legislation of the Russian Federation and the terms of the contract; compliance with the necessary conditions of all participants in the transaction without loss of benefits for their own organization.

The totality of all indicators can speak about the effectiveness of the work performed and the professionalism of the contract manager.

It is drawn up in any form, depending on the requirements imposed on it by the organization to which it is submitted.

What are the main differences between accounting for IFRS and RAS - will help you figure it out

An example of an analysis of the financial condition of an enterprise can be viewed

Job description of a contract manager

[name of organization, enterprise, etc.]

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

1. General Provisions

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

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

1.3. The contract manager must know:

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

General principles of procurement for state and municipal needs;

Basic principles, concepts and processes of the procurement system;

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

Procurement planning methods;

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

Procurement procedure, including the conclusion of contracts;

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

Efficiency of placing orders for state and municipal needs;

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

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

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

Information support of state and municipal orders;

Basics of the labor legislation of the Russian Federation;

Rules and norms of labor protection, safety precautions.

2. Job responsibilities

The contract manager has the following job responsibilities:

2.1. Procurement plan development.

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

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

2.4. Development of a schedule.

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Rights

The contract manager has the right:

3.1. For all social guarantees provided for by law.

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

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

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

3.5. Improve your professional qualifications.

3.6. [Other rights under labor law].

4. Responsibility

The contract manager is responsible for:

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

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

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

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

Head of Human Resources

[initials, last name]

[signature]

[day month Year]

Agreed:

[position]

[initials, last name]

[signature]

[day month Year]

Familiarized with the instructions:

[initials, last name]

[signature]

[day month Year]