What is a contract service according to 44 fz. Job description. Procurement commissions

The structure of the contract service is determined by the framework (typical) provision, but each customer establishes it independently. We will analyze what functions to assign to the contract service and how to assign powers to the contract manager.

Contract service structure

As a completely new public procurement system, the contract system has given customers a new obligation to create a contract service or appoint a contract manager.

If the total annual purchase volume of the customer does not exceed 100 million rubles., then the customer independently decides on how to implement this obligation. That is, the appointment of a contract manager is a right, not an obligation.

A serious problem of any customer is the organization of internal control of procurement activities. And it is simply necessary to prevent accidental or intentional procurement violations, which can then be detected by external controllers. What legal mechanisms are there for this? The author believes that the most optimal of them is the expansion of the powers of the contract service and the contract manager.

Contract manager under 44-FZ

If the customer has chosen the appointment of a contract manager, then such employee is assigned duties both in accordance with his position and in accordance with his appointment as a contract manager.

An institution may have more than one contract manager appointed. At the same time, if there are several of them, you need to prescribe what duties each of them performs.

For proper registration, it is necessary to issue a local act of appointment.

One, for example, is responsible for the purchase of products. The other is for schedules. The third - for entering information into the register of contracts.

But in practice it is very rare that there are several contract managers.

How to make a career in procurement: what the professional standard requires from contract managers

To ensure that those who made them are really punished for mistakes in the contract service, create a table job tasks. And approve it as an annex to the contract service regulations. How to make and fill it -

Russian practice shows that the majority of customers whose income does not exceed the established limit decide to create a contract service (rather than appoint a contract manager), which is due to the lack of proper motivation and material incentives in our country for a contract manager as an official who bears practically all responsibility for the purchases of a particular customer. The appointment of a contract manager leads to staff turnover in this position.

Ethics of communication of a specialist in the field of procurement: requirements and norms of the professional standard

“What is your work experience” and “have you been retrained” are important, but not the only questions of the customer to whom you come to get a job. Find out what else you will be asked when interviewing for a contract manager position

Indeed, in the case of the creation of a contract service, an even distribution of duties between its members is assumed, and when a contract manager is appointed, such an official solely exercises all functions and powers.

During the absence of the contract manager, the customer issues an order to appoint a person temporarily acting in his capacity.

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

Can the deputy head of the department legal support be a contract manager?

The contract service can be organized by creating a separate structural unit or by approval by the customer of the permanent composition of its employees performing the functions of a contract service (without the formation of a separate structural unit). Therefore, it is not always necessary to change the staffing table.

Since the contract service conducts purchases from the moment of their planning and until the moment of execution of contracts and reporting, it is assumed that the contract service should include representatives of the legal and financial structural divisions of the customer and, of course, in full force representatives of the structural division responsible for organizing public procurement.

The contract service may be a kind of add-on.

This is the case if it goes without the formation of a structural unit. For example, it can be created by order of the head, which is on individual employees of the accounting department. AHO, procurement department (if one exists) is entrusted with the functions of the COP. Moreover, if the inclusion of individual employees in the composition of the CS is associated with a change or expansion labor functions, and therefore with a change employment contract, then such inclusion can only be carried out with the consent of the base employees and subject to changes in their job descriptions.

The contract service is headed by the head of this service. If it is created as a separate structural unit, it is headed by a head appointed to the position also by order of the head of the customer or an authorized person performing his duties. The contract service, created without the formation of a separate division, is headed by the head of the customer or one of the deputy heads of the customer, which is confirmed by the letter of the Ministry of Economic Development of Russia dated 04.06.2015 No. D28i-1514.

Checks reveal violations of this. For example, in an institution, a chief accountant or head of the AHO, who are not deputies of the head, was appointed head of the COP.

The head of the legal or financial departments cannot be the head of a contract service created without the formation of a separate structural unit, if such an employee does not have the status of a deputy. the head of the organization.

It is very rare in practice when the head of the institution is appointed as the head of the CC.

At its core, the contract service allocates to a special rank all the customer's employees involved in the procurement process, with the exception of employees who open envelopes with bids from procurement participants, review and evaluate bids, and accept contract performance.

The contract cannot be signed by the official to whom the EDS was issued, who does not have an order on the transfer of authority from the head. If the head goes on vacation, then acting. There may be 2 EDS in case of breakage, loss. Deadline ... The flash drive was lost.

IMPORTANT! The customer must still have a procurement commission.

Unlike the contract service, the permanence of the work of the procurement commission depends on the decision of the customer. According to which it can be either a permanent structure (a single procurement commission) that performs procurement functions by applying any of the methods for determining a supplier (except sole supplier), or created separately for various ways determination of the supplier (competitive, auction, quotation commissions, commissions for consideration of applications for participation in the request for proposals and final proposals). The purchasing commission can be created, including separately for each purchase.

The main purpose of the work of the commission for the implementation of procurement- determination of the supplier (contractor, performer) - means the need to open envelopes with applications, evaluate, consider and compare the applications of procurement participants, which predetermines the possibility and logic of including both internal and external specialists in the field of public procurement in the procurement commission.

Interestingly, the realization of this right of the customer is possible within the framework of the creation of a procurement commission, according to the procedure of which its composition is permanent, except for one of its members - a specialized specialist, who is appointed before each purchase in accordance with the characteristics of the particular product required by the customer, works or services.

The functional responsibilities of the contract service are determined by an unspoken rule, according to which it includes the customer's employees, and any need to involve third-party individuals missing.

Consequently, the contract service is a permanent "purchasing body" of the customer.

The functions prescribed in Art. 38 of Law No. 44-FZ

The contract service, the contract manager shall perform the following functions and powers:

1. develop a procurement plan, prepare changes to be included in the procurement plan, place them in a single information system procurement plan and changes made to it;
2. develop a schedule, prepare changes for making to the schedule, place the schedule and the changes made to it in a single information system;
3. carry out the preparation and placement in the EIS 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;
4. ensure procurement, including the conclusion of contracts;
5. participate in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepare materials for the performance of claim work; (as amended by Federal Law No. 140-FZ of June 4, 2014)
6. organize, if necessary, consultations with suppliers (contractors, performers) at the procurement planning stage and participate 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;
7. exercise other powers provided for by this Federal Law.

Requirements for contract service employees

In accordance with Part 23 of Art. 112 of Law No. 44-FZ, until January 1, 2017, a contract manager may be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

At the moment, there is a joint letter of the Ministry of Economic Development of Russia No. 5594-EE / D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated 12.03.2015 “On the direction of methodological recommendations”.

It is recommended to set the minimum period for mastering programs, regardless of the teaching technologies used, at least 108 hours, except for the cases specified in clause 2.4 methodological recommendations(clause 2.3 of the Guidelines).

Thus, for the majority of employees, advanced training should be at least 108 hours. The exception is the heads of customer organizations - for them at least 40 hours.

How to choose suitable procurement courses and where to get training with the issuance of a government-issued certificate,

What are the requirements for contract managers employers

Job description example

Contract manager (qualification level 6)

Department of Culture of the City of Moscow "Izmailovsky Park of Culture and Leisure" Moscow

Salary: up to 45,000 rubles, work experience from 3 to 6 years, higher education

Job responsibilities:

1. develops a procurement plan, prepares changes to be made to the procurement plan, places the procurement plan and the changes made to it in a single information system;
2. develops a schedule, prepares changes for making to the schedule, places the schedule and the changes made to it in a single information system;
3. prepares and places in the unified information system notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
4. ensures the implementation of procurement, including the conclusion of contracts;
5. participates in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepares materials for the performance of claim work;
6. organizes, if necessary, at the procurement planning stage 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 ensure state and municipal

Requirements:

Knowledge of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
At least three years of experience in procurement

Contract worker job description sample

Sample job description compiled according to the professional standard

1. General Provisions

1.1. A person who has:

1) higher education (specialist, magistracy), additional professional education in advanced training programs or professional retraining programs in the field of procurement;

2) at least 4 years of work experience in the field of procurement.

1.2. The contract worker must know:

1) legal requirements Russian Federation and regulatory legal acts regulating activities in the field of procurement;

2) the basics of civil, budgetary, land, labor and administrative legislation in terms of application to procurement;

3) fundamentals of antimonopoly legislation;

4) economic fundamentals pricing;

5) basics accounting in terms of application to procurement;

6) fundamentals of statistics in terms of application to procurement;

7) features of pricing in the market (by directions);

8) features of the preparation of procurement documentation;

9) the procedure for establishing pricing factors and identifying qualitative characteristics that affect the cost of goods, works, services (by directions);

10) law enforcement practice in the field of logistics and procurement;

11) methodology for conducting:

Checks (examinations) of the procurement procedure and documentation;

Examination of the compliance of the results stipulated by the contract with the terms of the contract;

12) the procedure for drawing up a document in the form of a conclusion based on the results of an audit (examination) of the procurement procedure and documentation;

13) features of preparing documents for claim work;

14) ethics business communication and rules of negotiation;

15) labor discipline;

16) Internal labor regulations;

17) labor protection requirements and fire safety rules;

18) ……… (other documents, materials, etc.)

1.3. The contract worker must be able to:

1) use computing and other auxiliary equipment, means of communication and communication;

2) negotiate, analyze data on the progress of fulfillment of obligations;

3) organize and conduct procedures for attracting experts, expert organizations;

4) verify the compliance of facts and data when providing (presenting) the results provided for by the contract with the terms of the contract;

5) apply measures of responsibility and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;

6) involve third-party experts or expert organizations for examination (verification) of the compliance of the results provided for by the contract with the terms of the contract;

7) draw up and draw up documents based on the results of the audit;

8) ……… (other skills and abilities)

1.4. The employee of the contract service in his activities is guided by:

1) 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", Federal Law of 18.07.2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law No. 53-FZ of 02.12.1994 "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs";

2) ……… (name of constituent document)

3) Regulations on ……… (name of the structural unit)

4) this job description;

5) ……… (names of local regulations governing labor functions by position)

1.5. The contract service employee reports directly to ……… (title of the position of the head)

1.6. The contract service employee manages ……… (name of the structural unit or line of activity within which a group of subordinate employees is organized)

1.7. ……… (other general provisions)

2. Labor functions

2.1. Examination of the results of procurement, acceptance of the contract:

1) verification of compliance with the terms of the contract;

2) checking the quality of the presented goods, works, services.

2.2. Management of subordinate employees.

2.3. ……… (other functions)

3. Job responsibilities

3.1. The contract worker has the following responsibilities:

3.1.1. As part of the labor function, verification of compliance with the terms of the contract:

1) receives information on the course of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;

2) checks the accuracy of the information received on the course of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract;

3) organizes the procedure for acceptance of individual stages of the execution of the contract and the creation of an acceptance committee;

4) involve experts, expert organizations in the examination of the delivered goods, work performed or services rendered;

5) interacts with the supplier (contractor, performer) when changing, terminating the contract;

6) apply liability measures and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract, including organizing the inclusion in the register of unscrupulous suppliers.

3.1.2. As part of the labor function, checking the quality of the presented goods, works, services:

1) checks the compliance of the results stipulated by the contract with the terms of the contract;

2) checks the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;

3) organizes the procedures for acceptance of the delivered goods, work performed (its results), services rendered and creates an acceptance committee;

4) engage external experts or expert organizations to examine (verify) the conformity of the results stipulated by the contract with the terms of the contract;

5) prepares materials for the consideration of cases on appealing against the actions (inaction) of the customer and for the performance of claim work;

6) draws up and draws up documents based on the results of the audit.

3.1.3. As part of the labor function, the management of subordinate employees:

1) distributes labor functions, job assignments between subordinate employees and exercises control over their implementation;

2) provides subordinate employees with advisory support, gives explanations and instructions in the framework of the performance of labor functions by subordinate employees;

3) ensures compliance with labor legislation and legislation on labor protection in relation to subordinate employees, creation of working conditions that meet the established requirements;

4) resolve conflict situations between subordinate employees;

5) ……… (other duties)

3.1.4. As part of the performance of his labor functions, he performs the instructions of his immediate supervisor.

3.1.5. ……… (other duties)

3.2. In the performance of their duties, the lead procurement specialist must comply with the following ethical standards:

1) respect the confidentiality of information;

2) observe the ethics of business communication;

3) take an active position in the fight against professional dishonesty;

4) not to disclose the materials of working studies;

5) not create conflict situations in the workplace;

6) not to take actions that discredit the profession and reputation of colleagues;

7) to prevent slander and dissemination of information discrediting other organizations and colleagues.

3.3. ……… (other job descriptions)

4. Rights

A contract worker has the right to:

4.1. Participate in the discussion of draft decisions of the organization's management, in meetings on their preparation and implementation.

4.2. Ask the immediate supervisor for clarifications and clarifications on these instructions, issued assignments.

4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information, documents necessary for the execution of the assignment.

4.4. Get acquainted with the draft decisions of the management regarding the function performed by him, with documents defining his rights and obligations in his position, criteria for assessing the quality of the performance of his labor functions.

4.5. Submit proposals on the organization of labor within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in the discussion of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The contract service worker is held liable for:

Behind improper execution or failure to fulfill their official duties provided for by this job description - in the manner prescribed by the current labor legislation of the Russian Federation, legislation in the field of procurement;

For offenses and crimes committed in the course of their labor activity, - in the manner prescribed by the current administrative and criminal legislation of the Russian Federation;

For causing damage to the organization - in the manner prescribed by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description was developed on the basis of the Professional Standard "", approved by the Order of the Ministry of Labor and social protection Russian Federation dated September 10, 2015 N 625n, taking into account ...... ... (details of the organization's local regulations)

6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract).

The fact that the employee is familiarized with this job description is confirmed by ……… (signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; otherwise)

6.3. ……… (other final provisions).

Hello dear colleague! As you know, for procurement under contract system(44-FZ) The customer must appoint a contract manager or create a contract service. The decision to choose between the creation of a contract service or the appointment of a contract manager depends on the size of the total annual purchase volume of the Customer. In this article, we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and duties he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy in a contract manager. ( Note: this article was updated on 01/03/2018).

1. Who is a contract manager?

Contract manager - the official responsible for the implementation of the procurement or several procurements, including the execution of each contract.

A contract manager is appointed when the total annual volume of purchases (abbreviated as SPO) of the Client does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for certain sectors of procurement activities. So, for example, one contract manager may be engaged in the procurement of construction and repair work, the second purchase of food, the third purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can buy a contract manager book.

2. Contract service or contract manager?

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

3. Obligations of a contract manager under 44-FZ

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

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

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

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

1. procurement, including the conclusion of contracts;

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

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

1. other powers provided for by 44-FZ.

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

Important point! According to part 3 of article 38 of 44-FZ, the contract service operates in accordance with the regulation (regulation) developed and approved on the basis of the model regulation (regulation) approved federal body executive power to regulate 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, official duties, rights and responsibilities);

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

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

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

7. Contract manager: training and professional standard

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

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

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

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

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

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

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

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

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

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

BUT expert must 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.

1. Contract service according to 44-FZ is

Contract service- it is more a function than a subdivision that carries out purchases for the needs of the state and municipalities. Such a service operates under the Regulation on contract service, which is based on the Model Regulation on contract service and was adopted by the Ministry of Economic Development in order number 631 dated 10/29/13.

The customer can create such a service if the annual purchase volume in accordance with the schedule is more than 100 million rubles, then it is regulated by part 1 of article 38 in 44 of the Federal Law. If the Customer does not create a contract service and the annual volume of purchases is more than 100 million rubles, then he must appoint a contract manager - this is regulated by part 2 in article 38 of 44 of the Federal Law.

The customer is not obligated to create a special unit, since the contract service has the right to exist without one, which is regulated by part 1 in article 38 of the Law at number 44. But in this case, the customer undertakes to approve the staff on a permanent basis, which will perform the functions of this service, in its this queue is regulated by subparagraph 2 in paragraph 6 of the Model Provision.

Subscribe and work with an advance payment from the customer, do not freeze your funds!

2. Regulations on contract service under 44-FZ

• Rules for the selection of suppliers and contractors;
• Methods in accordance with which the purchase will be planned and justified;
• The procedure for signing the contract;
• Other items from among procurement activities.

3. The procedure for creating a contract service according to 44 Federal Laws

Ways to create a contract service

To create a contract service, you need to choose one of two methods:

1. Create a separate structural unit (either on the basis of an existing one, or create a new such unit)

When creating a contract service, you need to prepare these documents:

In cases where the annual volume of purchases did not exceed 100 million rubles and the Customer does not have a contract service, then he is OBLIGED to appoint a contract manager.

Contract manager- this is a person who holds the relevant position and is responsible for the implementation of one or more purchases, as well as the implementation of contracts - this regulates part 2 in article 38.

Stages of creating a contract service

In order to create a contract service, you need to perform the following preparatory steps:

Stage 1. Study of legal acts on the FCC;

Contract service models

So let's summarize the information above. Within the framework of Federal Law No. 44, only 3 models of contract service are offered:

1. Service with a special structural unit;

4. Powers and obligations of the contract service under 44-FZ

In addition to the above powers, article 38 also prescribes the duties of employees, such as:

The law provides for the possibility of centralizing procurement by creating a special body that will determine Suppliers and Customers - which is regulated by part 1 in article 44-FZ 26. But all other actions that are carried out in the procurement process must be performed by the Customer and his contract service. But the service is still responsible only within the framework of its powers - which regulates part 5 in article 38 of the 44-FZ.

5. The composition of the contract service of the customer and the head.

We have already said earlier that the Customer independently approves the structure and number of employees of the contract service, not forgetting that there must be at least 2 of them.

It does not matter which of the forms the Customer chooses, he undertakes to appoint a manager. If this contract service is created in the form of a separate structural unit, then it should be headed by the head of this unit. If the contract service is not created on the basis of any subdivision, then either the head of the Customer or his deputy should head it.

Please note that when individual employees are included in the service in connection with a change or expansion of their functions, as a result of which changes in the employment contract, this can only occur with the consent of these employees, and changes should also be made to their job descriptions .

The rules for contract service are established by the Ministry of Economic Development and regulated in Part 3, Article 44, Part 3 of the Federal Law. This document contains additions to the main resolution in the following information:

• General position: purpose and condition of creation, legal framework, principle of operation, structure, number and duty;
• Powers in the performance of official duties and functions;
• The responsibility of the employees.

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