Functions, rights and responsibilities of the contract service (contract manager). Education requirements for contract service employees Requirements for contract service employees

Was adopted in 2014 and brought many innovations. One of the main ones is the emergence of a new position - contract manager, a new structural unit – contract service.

The legislative framework

You can find a vacancy on the corresponding website or in the employment center. The only thing to remember is HR officers indicate the name of the required position differently. He may be called a procurement specialist, contract economist, etc.

For 2018, to become a contract manager, you must obtain procurement education and a diploma indicating training at the institute. The condition is new; previously, the employer could not require higher education from candidates.

The presence of qualified additional education is a very important point, since No. 44-FZ is constantly undergoing changes, and state control is regularly strengthened.

Increasing the qualification level of knowledge and skills is carried out at least once every 3 years.

Position requirements

The purchasing specialist must be responsible requirements:

Improve your qualifications in a relevant specialty, for example, “procurement management to meet state and municipal needs.” For 2018, only the state sample is suitable.
Being on the employer's staff and concluding civil contracts is unacceptable.
A conflict of interest is unacceptable, that is, the manager should not have family ties with organizations that supply goods or perform work.

The contract service is group of workers, whose responsibilities are responsible for the implementation of the procurement cycle of national importance. Information on the procedure for its creation can be found in Art. 38 Federal Law No. 44.

The customer is obliged to begin developing regulations and creating a service responsible for the acquisition of goods, works, services, if the total amount of annual funding intended for concluding contracts is exceeds the mark of 100,000 rubles.

Current legislation does not require the customer to include in the staffing table and create a separate unit (department), it is enough approve the composition of the service from existing subordinates.

The structure and numerical composition are determined by the customer independently, but subject to the conditions - at least two people.

If a service is separated into a separate structural unit, it needs its own head, and if not, then the head himself or one of his deputies can become the head of another department.

Attention! If the customer decided to assign responsibilities for support and procurement to subordinates who were already engaged in other work (expanded their job functions), then he must obtain written consent from them.

Functions, duties, responsibilities, professional standards

Part 4 art. 38 No. 44-FZ contains information about the list of functions that a specialist should be able to implement:

develop plans, enter information into them and publish them on the website, making them accessible to regulatory organizations and interested parties;
draw up and post in the Unified Information System a notice of the planned purchase (electronic auction, quotation, etc.);
draw up a response to a complaint filed with the Federal Antimonopoly Service and be able to defend your position;
provide advice to any potential supplier, for example, clarify the requirements set out in the technical specifications;
accompany, implement and complete the purchase;
generate and post the necessary reports.

Job responsibilities consistent with the functions listed above may be taken from professional standard, the development and approval of which was carried out by the Ministry of Labor of the Russian Federation.

So, What should an official be able to do?:

enter information established by the regulatory framework into the procurement plan and schedule;
update previously posted information (adjust the schedule, notice of procurement, etc.);
send invitations to suppliers in order to provide the institution with everything necessary in a timely manner;
regularly improve and maintain qualification levels;
analyze the market situation in order to determine the current initial maximum contract price.

The position requires types of liability:

administrative- for committing an offense;
disciplinary- for failure to comply with labor regulations or neglect of one’s own duties;
material– for damage to property owned by the enterprise.

Procurement Specialist- This is the person responsible for providing the institution with everything necessary. The main function of this employee is to support the purchase from the moment of “inception” to “disposal”.

Is a contract manager needed under 223-FZ?

Federal Law No. 223-FZ does not directly say anything about the need to appoint a contract manager for commercial procurement. At the same time, the professional standard adopted in 2015 also applies to specialists working within the framework of this regulatory act.

Current legislation does not require the use of the name and requirements included in the professional standard, if nothing is said about such a condition in the Labor Code of the Russian Federation or other regulations. In all other cases the document is advisory.

Salary level

Not in any legislative act there is no information on how much a contract manager should earn. The profession is responsible, complex, and labor-intensive.

As statistics show, the average monthly income of a procurement specialist is 22,000 rubles, if we are talking about the customer side. Working with a supplier pays higher.

Answers to questions about contract service in accordance with 44-FZ are presented in the video.

You will learn about what people are fined for in public procurement in the video.

Provisions of the Federal Law of 04/05/2013 No. 44-FZ concerning the contract service and the contract manager came into force on January 1, 2014, certain provisions on the rights and obligations of the contract service concerning the stages of procurement planning and posting information about them in the Unified Information System (clauses 1 and 2 of part 4 of Art. 38 of the Federal Law of April 5, 2013 No. 44-FZ), will come into force in 2015.

Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 “On approval of the Model Regulations (Regulations) on Contract Service” establishes the rules for organizing the activities of the contract service.

History of the problem of the principle of professionalization of the procurement sector

The main innovation in personnel changes in the public procurement system is related to the establishment of the principle of professionalization of the procurement sector. Government procurement in our country began in 1991 after the abolition of the State Supply Agency. A new public procurement system was created in 1997 by decree of the President of the Russian Federation Boris Yeltsin “On the organization of the procurement of goods, works and services for state needs.” However, the requirements for the professional knowledge of the state customer and members of procurement commissions were not established at that time. In 2006, Minimum Knowledge Requirements for Procurement Specialties were adopted, but they were not established as mandatory.

In 2009, a requirement appeared in 94-FZ that at least one member of the procurement commission must be trained. The draft law on the FCC contained requirements for work experience, and a provision on the need to establish a minimum of knowledge, which were not included in the currently valid Law No. 44-FZ.

Federal Law of 04/05/2013 No. 44-FZ for the first time introduces the principle of professionalization of the procurement sector and establishes a mandatory requirement for members of the customer’s contract service and contract managers - higher education or additional professional education(advanced training, professional retraining) in the field of procurement.

Reasons for creating a contract service

Government procurement is carried out by the customer. Who is the customer? The customer is a state or municipal body or budgetary institution carrying out procurement. Procurement is needed to implement state and municipal programs, to organize the current activities of state, municipal and budgetary organizations.

From 01/01/2014 you can purchase only according to Law No. 44-FZ. To carry out the procurement, the Customer must create a contract service or appoint a contract manager.

Why is a contract service needed? The purpose of this innovation is to professionally and responsibly ensure the implementation of the entire procurement cycle: from planning to obtaining a specific result and assessing the effectiveness of the procurement of goods, works, services by a state or municipal customer or a budgetary institution to meet state or municipal needs. Introduced principle of personal responsibility contract service employees for compliance with the requirements stipulated by law and the achievement of assigned tasks as a result of the execution of the contract.

What will the contract service or contract manager do?

The contract service will carry out procurement from the stage of planning and identifying the supplier (contractor, performer) and end with the stage of analyzing the effectiveness of the fulfillment of obligations by the parties to the contract.

The contract service will carry out full procurement cycle, which includes the following stages:

Procurement planning;
Identification of suppliers (contractors, performers);
Conclusion of contracts;
Execution of contracts:
Claim work.

Stages of creating a CS

Preparing the customer for the creation of a contract service includes several stages:

study legal acts on the FCC;
create a contract service or appoint a contract manager (depending on the total volume) by 01/01/2014. They can act only in part of those rights and obligations that will come into force in 2014;
send employees for training until 01/01/2014. or retraining before 01/01/2016;
develop and approve new regulations on commissions.

CS structure

44-FZ suggests 3 contract service models:

contract service with a special structural unit,
contract service without a special structural unit,
appointment of a contract manager.

The law provides that the determining factor for the customer when deciding on the creation of a contract service or the appointment of a contract manager will be the total annual volume of purchases according to the plan and schedule.

According to 44-FZ, the contract service is created by those customers whose total annual volume of purchases is in accordance with the schedule exceeds 100 million rubles. In this case creation of a contract service is duty customer (Part 1, Article 38). At the same time, the customer decides for himself to create a special structural unit for it or not to create it. Since the creation of a special structural unit is not mandatory, a contract service can be created without changing the customer’s organizational structure.

If the customer's total annual purchase volume less than or equal to 100 million rubles, then the customer has the right to create a contract service(Part 2, Art. 38).

If not created contract service, then the customer must(Part 2, Art. 38) appoint contract manager- the official responsible for the implementation of a purchase or several purchases, including the execution of each contract.

Thus, depending on the total annual volume of purchases (the reference amount here is: less than or equal to, or more than 100 million rubles), the customer has the right or obligation to create a contract service. But, if the customer, whose total annual purchase volume is less than or equal to 100 million rubles, has not exercised his right, then he has the obligation to appoint a contract manager.

Ways to create a contract service

creation of a separate structural unit;
approval by the customer of a permanent composition of customer employees performing the functions of a contract service without the formation of a separate structural unit.

Structure and number of contract service determined and approved by the customer. The contract service must include at least two people - officials of the contract service from among the customer's employees.

Appointment and dismissal from office contract service employee is allowed only by decision of the customer's manager or the person performing his duties.

The contract service is headed by head of contract service. The contract service, which is created as a contract service without forming a separate division, is headed by one of the customer’s deputy heads.

Qualification requirements for contract service employees

Article 9 of Law No. 44-FZ introduces the principle of customer professionalism.

The qualification requirements for contract service employees are established by Part 6, Article 38 of Law No. 44-FZ. All contract service employees, contract manager since 2016must have higher education or additional professional education(advanced training, professional retraining) in the field of procurement.

Until 01/01/2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders (Part 2 of Article 112).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” established that the minimum permissible period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs cannot be less than 250 hours.

The lack of methodological support in the regions is expected to be resolved through educational seminars, training in universities, and the implementation of pilot projects.

According to Article 39 of Law 44-FZ, the decision to create a commission is made by the customer before the start of the procurement to identify suppliers (contractors, performers), with the exception of procurement from a single supplier (contractor, performer). The customer determines the composition of the commission and the procedure for its work, and appoints the chairman of the commission.

The composition of the commission must include at least 5 people: when conducting competitions (tender commission) and when conducting auctions (auction commission), when conducting all procurement methods through competitions, auctions, requests for quotations, requests for proposals (single commission).

The composition of the commission must include at least 3 people: when conducting quotations (quotation room), when conducting a request for proposals (commission for reviewing applications and final proposals in the request for proposals).

If the commission identifies persons personally interested in the results of identifying suppliers (contractors, performers), the customer who made the decision to create the commission is obliged to immediately replace them with other individuals who are not personally interested in the results of the procurement and who are not able to be influenced by the procurement participants , as well as individuals who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement (Part 6 of Article 39).

The procurement commission is authorized to carry out its functions if at least 50% of the total number of its members are present at the meeting.

Members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the meeting of the commission. Decision-making by members of the commission through absentee voting, as well as delegation of their powers to other persons, is not allowed (Part 8 of Article 39).

Qualification requirements for members of the procurement commission:

The Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070 clarifies the requirements for members of the procurement commission: if all contract service employees by January 1, 2016, in order to exercise their powers in accordance with the Law, must have higher education or additional professional education in the field of procurement, then the customer may include in the commission persons who have special knowledge related to the procurement object, that is, who do not have higher education or additional professional education specifically in the field of procurement.

Functional responsibilities of the contract service (contract manager)

The functions of the contract service and the contract manager are similar. The difference is in the scale and scope of work. Article 38 of Federal Law No. 44-FZ of April 5, 2013 “On the Contract System” does not provide for the obligation to develop and approve regulations for the contract manager. For a contract manager, it is sufficient to develop and approve a job description in accordance with his professional responsibilities.

Customer contract service
Head of contract service
Contract workers	Requirements: higher professional education orcompletion of professional training or advanced training under additional professional education programs in the field of procurement before January 1, 2016., specialized knowledge and skills in the field of procurement. INin accordance with Part 23 of Article 112 of the Law, until January 1, 2016, a contract service employee 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.
Contract Manager	An official from among the customer's contract service employees,appointed by the customer to this position, 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.Requirements: higher professional education or completion of professional training or advanced training under additional professional education programs in the field of procurement before January 1, 2016., specialized knowledge and skills in the field of procurement. INin accordance with Part 23 of Article 112 of the Law, 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.
Procurement commissions	Requirements: professional retraining or advanced training in the field of procurement, special knowledge related to the procurement object. The customer may include in the commission persons who have special knowledge related to the procurement object, that is, who do not have higher education or additional professional education specifically in the field of procurement. M at least 50% of the commission members must be trained in working rules according to law 44-FZ. The customer was obliged to train them all back in 2013.
Functions and powers of the contract service according to law 44-FZ	prepares a procurement plan and schedule; places procurement documentation in the Unified Information System; concludes a contract; accepts the results of the contract; conducts claims work; exercises other powers provided for by law.
Responsibility	The personal responsibility of the manager and other contract service employees for the performance of their functions and powers is established.Contract service employees guilty of violating the legislation of the Russian Federation bear disciplinary, civil, administrative, and criminal liability.

Summarizing the above, we can draw the following conclusions:

each procurement customer must create a contract service or appoint a contract manager;
the CS includes the customer’s employees: this can be one contract manager, and if the total annual volume of purchases is more than 100 million rubles - at least 2 persons;
it is necessary to train contract service employees by 01/01/2014. or retrain before 01/01/2016;
all contract service employees and contract managers must have higher education or additional professional education in the field of procurement.Until 01/01/2016 a contract service employee may be a person who has a professional education or additional professional education in the field of order placement;
the contract service will carry out the full procurement cycle, its functional responsibilities are approved in the Standard Regulations of the Ministry of Economic Development of Russia.

Materials used to prepare the article:

Law No. 44-FZ 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”
Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631).
Letter of the Ministry of Economic Development of Russia dated September 23, 2013 N D28i-1070 “On clarification of the provisions of Federal Law dated 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”
Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631)

Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631
"On approval of the Model Regulations (Regulations) on contract service"

In accordance with Part 3 of 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” (Collected Legislation of the Russian Federation, 2013, N 14, Art. 1652; N 27, Art. 3480) I order:

2. This order comes into force on January 1, 2014, with the exception of subparagraphs 1-3 of paragraph 11 and subparagraph 1 of paragraph 13 of the Model Regulations (Regulations) on Contract Service, which come into force on January 1, 2015.

Model regulations (regulations) on contract service
(approved by order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631)

With changes and additions from:

I. General provisions

1. These Standard Regulations (Regulations) on the contract service (hereinafter referred to as the Regulations) establish the rules for organizing the activities of the contract service when planning and implementing the procurement of goods, works, services to meet state or municipal needs.

2. The contract service is created in order to ensure planning and implementation by the customer in accordance with 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” (Collection of legislation of the Russian Federation, 2013, N 14, Article 1652; N 27, Article 3480; N 52, Article 6961; 2014, N 23, Article 2925; N 30, Article 4225; N 48, Article 6637; N 49 , Art. 6925; 2015, N 1, Art. 11, 51, 72; N 10, Art. 1393, 1418; N 14, Art. 2022; N 27, Art. 3979, 4001; N 29, Art. 4342, 4346, 4352, 4353, 4375; 2016, N 1, art. 10, 89; N 11, art. 1493; N 15, art. 2058, 2066; N 23, art. 3291; N 26, art. 3872, 3890 ; N 27, Article 4199, 4247, 4253, 4254, 4298) (hereinafter referred to as the Customer, Federal Law) procurement of goods, works, services to meet state or municipal needs (hereinafter referred to as procurement).

3. Customers whose total annual procurement volume in accordance with the procurement plan (hereinafter referred to as the schedule) exceeds 100 million rubles, create contract services. The customer has the right to create a contract service if the total annual volume of purchases of the customer in accordance with the schedule does not exceed 100 million rubles.

4. The contract service in its activities is guided by the Constitution of the Russian Federation, Federal Law, civil legislation of the Russian Federation, budget legislation of the Russian Federation, regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, including this Regulations, other regulatory legal acts of the Russian Federation, regulations (regulations) on the Customer's contract service.

5. The basic principles for the creation and functioning of the contract service when planning and implementing procurement are:

1) attracting qualified specialists with theoretical and practical knowledge and skills in the field of procurement;

2) free access to information about actions taken by the contract service aimed at meeting state and municipal needs, including methods of procurement and their results;

3) concluding contracts on terms that ensure the most effective achievement of specified results in meeting state and municipal needs;

4) achievement by the Customer of the specified results of meeting state and municipal needs.

6. A contract service is created in one of the following ways:

1) creation of a separate structural unit;

2) approval by the Customer of a permanent composition of the Customer’s employees performing the functions of a contract service without the formation of a separate structural unit (hereinafter referred to as the contract service without the formation of a separate unit).

7. The structure and number of contract service is determined and approved by the Customer, but cannot be less than two people.

8. The regulations (regulations) on the Customer’s contract service may establish that employees of the Customer’s contract service cannot be members of the Customer’s procurement commission.

9. The contract service is headed by the head of the contract service.

If the contract service is created as a separate structural unit, it is headed by the head of the structural unit, appointed to the position by order of the head of the Customer or an authorized person performing his duties.

The contract service, which is created as a contract service without forming a separate unit, is headed by the head of the Customer or one of the deputy heads of the Customer.

10. The head of the contract service, in order to increase the efficiency of the contract service employees when forming the organizational structure, determines the job responsibilities and personal responsibilities of the contract service employees, distributing the functional responsibilities defined by these Regulations among these employees.

11. Functional responsibilities of the contract service:

1) procurement planning;

2) organization 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;

3) justification for procurement;

4) justification for the initial (maximum) contract price;

5) mandatory public discussion of procurement;

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

7) involvement of experts, expert organizations;

8) preparation and placement in a unified information system in the field of procurement (hereinafter referred to as the unified information system) of notices of procurement, procurement documentation, draft contracts;

9) preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) by closed means;

10) consideration of bank guarantees and organization of payment of sums of money under a bank guarantee;

11) organization of contract conclusion;

12) organization of acceptance of the delivered goods, performed work (its results), rendered services, as well as individual stages of delivery of goods, performance of work, provision of services (hereinafter referred to as a separate stage of contract execution) provided for by the contract, including carrying out an examination of the delivered goods in accordance with the Federal Law goods, results of work performed, services provided, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

13) organization of payment for goods delivered, work performed (its results), services provided, individual stages of contract execution;

14) interaction with the supplier (contractor, performer) when changing or terminating the contract;

15) organizing the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

16) sending a request to the supplier (contractor, performer) to pay penalties (fines, penalties);

17) participation in the consideration of cases of appeal against the actions (inaction) of the Customer and the preparation of materials for the performance of claim work.

12. The procedure for the contract service to exercise its powers, as well as the procedure for the interaction of the contract service with other divisions of the Customer and the procurement commission is determined by the regulations (regulations) approved by the Customer in accordance with these Regulations.

II. Functions and powers of the contract service

13. The contract service performs the following functions and powers:

1) when planning purchases:

a) develops a procurement plan, prepares changes for inclusion in the procurement plan, places the procurement plan and changes made to it in the unified information system;

b) places procurement plans on the Customer’s websites on the Internet information and telecommunications network (if available), and also publishes them in any printed publications in accordance with Part 10 of Article 17 of the Federal Law;

c) ensures the preparation of justification for the purchase when forming a procurement plan;

d) develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in a unified information system;

e) organizes approval of the procurement plan and schedule;

f) determines and justifies the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) when forming a procurement schedule;

2) when determining suppliers (contractors, performers):

a) chooses the method of determining the supplier (contractor, performer);

b) clarifies, as part of the procurement justification, the initial (maximum) price of the contract and its justification in notices of procurement, invitations to take part in identifying suppliers (contractors, performers) by closed means, procurement documentation;

c) clarifies, as part of the justification for the purchase, the initial (maximum) price of the contract concluded with a single supplier (contractor, performer);

d) prepares notices of procurement, procurement documentation (except for the description of the procurement object), draft contracts, changes to notices of procurement, procurement documentation, invitations to participate in identifying suppliers (contractors, performers) by closed means;

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

f) organizes the preparation of a description of the procurement object in the procurement documentation;

g) provides organizational and technical support for the activities of procurement commissions, including ensuring verification of:

compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, providing services that are the object of procurement;

the competence of the procurement participant to enter into a contract;

failure to liquidate the procurement participant - a legal entity and the absence of a decision of the arbitration court to recognize the procurement participant - a legal entity or individual entrepreneur as insolvent (bankrupt) and to open bankruptcy proceedings;

non-suspension of the activities of a procurement participant in the manner established by the Code of the Russian Federation on Administrative Offences, as of the date of filing an application for participation in the procurement;

the procurement participant has no arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation;

absence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant - a legal entity, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant, if this requirement is established in the procurement documentation;

the procurement participant - an individual or the manager, members of the collegial executive body or chief accountant of the legal entity - the procurement participant - has no criminal record for crimes in the economic sphere;

the procurement participant has exclusive rights to the results of intellectual activity;

compliance with additional requirements established in accordance with Part 2 of Article 31 of the Federal Law;

h) ensures the involvement of a specialized organization on the basis of a contract to perform certain functions as determined by the supplier;

i) ensures that institutions and enterprises of the penal system, organizations of disabled people are given advantages in relation to the contract price they offer;

j) ensures procurement from small businesses, socially oriented non-profit organizations, establishes a requirement to involve subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract;

k) places in the unified information system or before the commissioning of the said system on the official website of the Russian Federation on the information and telecommunications network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services, notices of procurement, procurement documentation and draft contracts, protocols provided for by Federal Law;

l) publishes, by decision of the head of the contract service, a notice of procurement in any media or places this notice on websites on the Internet, provided that such publication or such placement is carried out along with the placement provided for by Federal Law;

m) prepares and sends in writing or in the form of an electronic document clarifications of the provisions of the procurement documentation;

o) ensures the safety of envelopes with applications for participation in procurement, security, integrity and confidentiality of applications for participation in procurement submitted in the form of electronic documents and ensures consideration of the contents of applications for participation in procurement only after opening envelopes with applications for participation in procurement or opening access to applications for participation in procurement submitted in the form of electronic documents;

o) provides the opportunity to all procurement participants who submitted applications for participation in the procurement, or their representatives, to be present when the envelopes with applications for participation in the procurement are opened and (or) opening access to applications for participation in the procurement submitted in the form of electronic documents;

p) provides the opportunity to receive information in real time about the opening of access to applications for participation in procurement submitted in the form of electronic documents;

c) ensures audio recording of the opening of envelopes with applications for participation in procurement and (or) opening of access to applications for participation in procurement submitted in the form of electronic documents;

r) ensures the storage, within the time limits established by law, of protocols drawn up during procurement, applications for participation in procurement, procurement documentation, changes made to procurement documentation, explanations of the provisions of procurement documentation and audio recordings of the opening of envelopes with applications for participation in procurement and (or) opening access to applications for participation in procurement submitted in the form of electronic documents;

s) attracts experts, expert organizations;

t) ensures coordination of the use of closed methods for identifying suppliers (contractors, performers) in the manner established by the federal executive body for regulating the contract system in the field of procurement, in accordance with Part 3 of Article 84 of the Federal Law;

x) ensures the sending of the necessary documents for concluding a contract with a single supplier (contractor, performer) based on the results of failed procedures for identifying a supplier in the cases established by the Federal Law to the relevant authorities determined by clauses 24 and 25 of part 1 of Article 93 of the Federal Law;

v) substantiates in a documented report the impossibility or inappropriateness of using other methods of determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract in the case of a purchase from a single supplier (contractor, performer) for concluding a contract;

h) ensures the conclusion of contracts;

x) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who have evaded concluding contracts;

3) upon execution, modification, termination of the contract:

a) ensures acceptance of the goods delivered, the work performed (its results), the service provided, as well as individual stages of the delivery of goods, performance of work, provision of services;

b) organizes payment for goods supplied, work performed (its results), services provided, as well as individual stages of contract execution;

c) interacts with the supplier (contractor, performer) when changing or terminating the contract, applies liability measures, including sending the supplier (contractor, performer) a requirement to pay penalties (fines, penalties) in case of delay in fulfillment of obligations by the supplier (contractor, performer) (including the warranty obligation) provided for by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, takes other actions in the event of a violation by the supplier (contractor, performer) of the terms of the contract;

d) organizes an examination of the goods supplied, work performed, services rendered, attracts experts and expert organizations;

e) if necessary, ensures the creation of an acceptance committee of at least five people to accept the delivered goods, work performed or services rendered, the results of a separate stage of contract execution;

f) prepares a document on acceptance of the results of a separate stage of contract execution, as well as the goods delivered, work performed or services rendered;

g) publishes in a unified information system or before the commissioning of the said system on the official website of the Russian Federation on the information and telecommunications network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services, a report containing information on the execution of the contract, on compliance with intermediate and final deadlines for the execution of the contract, on improper execution of the contract (indicating the violations committed) or on non-fulfillment of the contract and on sanctions applied in connection with violation of the terms of the contract or its non-fulfillment, on changes or termination of the contract during its execution, information about changes to the contract or termination of the contract, with the exception of information constituting a state secret;

h) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer) with whom the contract was terminated by a court decision or due to the Customer’s unilateral refusal to fulfill the contract;

i) compiles and posts in a unified information system a report on the volume of purchases from small businesses and socially oriented non-profit organizations;

Information about changes:

By Order of the Ministry of Economic Development of the Russian Federation dated May 26, 2014 N 294, paragraph 13 was supplemented with subparagraph “k”

j) organizes the inclusion in the register of contracts concluded by customers, information about contracts concluded by customers.

14. The contract service exercises other powers provided for by Federal Law, including:

1) organizes, if necessary, consultations with suppliers (contractors, performers) and participates 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) organizes a mandatory public discussion of the procurement of goods, work or services, based on the results of which, if necessary, prepares changes for inclusion in procurement plans, schedules, procurement documentation or ensures cancellation of the procurement;

3) takes part in the approval of requirements for certain types of goods, works, services purchased by the Customer (including maximum prices of goods, works, services) and (or) standard costs for providing the Customer’s functions and places them in a unified information system;

4) participates in the consideration of cases of appealing the actions (inaction) of the Customer, including appealing the results of identifying suppliers (contractors, performers), and prepares materials for carrying out claim work;

6) checks bank guarantees received as security for the execution of contracts for compliance with the requirements of the Federal Law;

7) if the Customer refuses to accept the bank guarantee, informs the person who provided the bank guarantee about this, indicating the reasons that served as the basis for the refusal;

2) not conduct negotiations with procurement participants until the winner of the supplier (contractor, performer) is identified, except in cases expressly provided for by the legislation of the Russian Federation;

3) involve, in cases, in the manner and taking into account the requirements provided for by the current legislation of the Russian Federation, including the Federal Law, experts and expert organizations in their work.

16. When centralizing procurement in accordance with Article 26 of the Federal Law, the contract service exercises the functions and powers provided for in paragraphs 13 and these Regulations and not transferred to the relevant authorized body, authorized institution, which exercise the authority to identify suppliers (contractors, performers).

17. Head of contract service:

1) distributes responsibilities among contract service employees;

2) submits proposals for the appointment and dismissal of contract service employees for consideration by the Customer;

3) exercises other powers provided for by Federal Law.

III. Responsibility of contract workers

18. Any procurement participant, as well as public associations and associations of legal entities exercising public control, in accordance with the legislation of the Russian Federation, have the right to appeal in court or in the manner established by the Federal Law, to the control body in the field of procurement, actions (inaction) of contract officials services, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

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* Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; N 18, art. 1721; N 30, art. 3029; N 44, art. 4295, 4298; 2003, N 1, art. 2; N 27, art. 2700, 2708, 2717; N 46, art. 4434, 4440; N 50, art. 4847, 4855; N 52, art. 5037; 2004, N 19, art. 1838; N 30, art. 3095; N 31, art. 3229; N 34, art. 3529, 3533; N 44, art. 4266; 2005, N 1, art. 9, 13, 37, 40, 45; N 10, art. 762, 763; N 13, art. 1077, 1079; N 17, art. 1484; N 19, Art. 1752; N 25, art. 2431; N 27, art. 2719, 2721; N 30, art. 3104, 3124, 3131; N 40, art. 3986; N 50, art. 5247; N 52, art. 5574, 5596; 2006, N 1, art. 4, 10; N 2, art. 172, 175; N 6, art. 636; N 10, art. 1067; N 17, art. 1776; N 18, art. 1907; N 19, Art. 2066; N 23, art. 2380, 2385; N 28, art. 2975; N 30, art. 3287; N 31, art. 3420, 3432, 3433, 3438, 3452; N 43, art. 4412; N 45, art. 4633, 4634, 4641; N 50, art. 5279, 5281; N 52, art. 5498; 2007, N 1, art. 21, 25, 29, 33; N 7, art. 840; N 15, art. 1743; N 16, art. 1824, 1825; N 17, art. 1930; N 20, art. 2367; N 21, art. 2456; N 26, art. 3089; N 30, art. 3755; N 31, art. 4001, 4007, 4008, 4009, 4015; N 41, art. 4845; N 43, art. 5084; N 46, art. 5553; N 49, art. 6034, 6065; N 50, art. 6246; 2008, N 10, art. 896; N 18, art. 1941; N 20, art. 2251, 2259; N 29, art. 3418; N 30, art. 3582, 3601, 3604; N 45, art. 5143; N 49, art. 5738, 5745, 5748; N 52, art. 6227, 6235, 6236, 6248; 2009, N 1, art. 17; N 7, art. 771, 777; N 19, Art. 2276; N 23, art. 2759, 2767, 2776; N 26, art. 3120, 3122, 3131, 3132; N 29, art. 3597, 3599, 3635, 3642; N 30, art. 3735, 3739; N 45, art. 5265, 5267; N 48, art. 5711, 5724, 5755; N 52, art. 6406, 6412; 2010, N 1, art. 1; N 11, art. 1169, 1176; N 15, art. 1743, 1751; N 18, art. 2145; N 19, Art. 2291; N 21, art. 2524, 2525, 2526, 2530; N 23, art. 2790; N 25, art. 3070; N 27, art. 3416, 3429; N 28, art. 3553; N 30, art. 4000, 4002, 4005, 4006, 4007; N 31, art. 4155, 4158, 4164, 4191, 4192, 4193, 4195, 4198, 4206, 4207, 4208; N 32, art. 4298; N 41, art. 5192, 5193; N 46, art. 5918; N 49, art. 6409; N 50, art. 6605; N 52, art. 6984, 6995, 6996; 2011, N 1, art. 10, 23, 29, 33, 47, 54; N 7, art. 901, 905; N 15, art. 2039, 2041; N 17, art. 2310, 2312; N 19, Art. 2714, 2715; N 23, art. 3260, 3267; N 27, art. 3873, 3881; N 29, art. 4284, 4289, 4290, 4291, 4298; N 30, art. 4573, 4574, 4584, 4585, 4590, 4591, 4598, 4600, 4601, 4605; N 45, art. 6325, 6326, 6334; N 46, art. 6406; N 47, art. 6601, 6602; N 48, art. 6728, 6730, 6732; N 49, art. 7025, 7042, 7056, 7061; N 50, art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, art. 621; N 10, art. 1166; N 15, art. 1723, 1724; N 18, art. 2126, 2128; N 19, art. 2278, 2281; N 24, art. 3068, 3069, 3082; N 25, art. 3268; N 29, art. 3996; N 31, art. 4320, 4322, 4329, 4330; N 41, art. 5523; N 47, art. 6402, 6403, 6404, 6405; N 49, art. 6752, 6757; N 53, art. 7577, 7580, 7602, 7639, 7640, 7641, 7643; 2013, N 8, art. 717, 718, 719, 720; N 14, art. 1641, 1642, 1651, 1657,1658, 1666; N 17, art. 2029; N 19, Art. 2307, 2318, 2323, 2325; N 23, art. 2875; N 26, art. 3207, 3208, 3209; N 27, art. 3442, 3454, 3458, 3465, 3469, 3477, 3478; N 30, art. 4026, 4027, 4029, 4030, 4032, 4034, 4035, 4040, 4044, 4078, 4081, 4082; N 31, art. 4191; N 40, art. 5032.

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drawing up and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

To create a service, you need to prepare and adjust a number of documents:

Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
Register a standard resolution on the division of service under contracts;
Create labor regulations and approve them;
Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

With a separate structural department;
Without a separate structural department;
Creation of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting government procurement transactions depends on the amount of annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between forming a contract service or hiring a person to serve as a contract manager. This is the person responsible for conducting public procurement or procurement, including monitoring the execution of all procurement contracts. (Article 38.part 2).

Consequently, the customer’s right or obligation to form a new department, or hire a manager, is determined by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person under 44 Federal Laws or is this a violation of the law?

Read Federal Law-257 “On highways and road activities in the Russian Federation”

The number of contract services under 44 Federal Laws must be at least two full-time units. The number and positions of employees are approved by the customer. Who can be an employee in this department? It is possible to hire and dismiss an employee in the contracts department by order of the chief customer or the person replacing and performing his powers. The department is headed by the head of the contractual unit appointed by the customer. If the service was not created as a separate division, it is headed by the deputy head of the enterprise.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from the link.

Responsibilities and functions

The responsibilities of the contract service under 44 Federal Laws are to carry out government procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with an audit of the effectiveness of the implementation of the contract requirements by the parties to the transaction. Full list of service responsibilities:

Development of a procurement scheme;
Selection of transaction participants at all levels;
Signing contracts and their implementation;
Work with claims and claims from parties to the transaction.

Requirements for contract service

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of Federal Law 44. According to this paragraph, employees and managers, including, are required to have a higher or additional professional degree. education, take professional qualification courses in the field of public procurement. These standards have been made mandatory since January 2016. The period of retraining and studying retraining programs takes from 16 to 250 working hours.

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” by following the link.

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