The functions of the contract service include: How to secure the functions of contract service employees? How to document the responsibilities of a contract service under the Labor Code of the Russian Federation? What does a contract service do?

1. Customers whose total annual procurement volume exceeds one hundred million rubles create contract services (in this case, the creation of a special structural unit is not mandatory).

2. If the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).

(see text in the previous edition)

3. The contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement.

4. The contract service and the contract manager perform the following functions and powers:

1) develop a procurement plan, prepare changes for inclusion 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 inclusion in the schedule, place the schedule and changes made to it in a unified information system;

3) carry out the preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways;

4) ensure the implementation of procurement, including the conclusion of contracts;

5) participate in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work;

(see text in the previous edition)

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

7) exercise other powers provided for by this Federal Law.

5. When centralizing procurement in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager exercises the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution, which exercise the powers to identify suppliers (contractors, performers). In this case, the contract service and the contract manager bear responsibility within the limits of the powers they exercise.

6. Workers contract service, the contract manager must have higher education or additional professional education in the field of procurement.

Hello! The contract service consists of several employees. What document can be used to secure the specific functions (responsibilities) of these employees?

Question: No. 474 dated: 2014-03-02.

By virtue of Part 1 of Art. 38 of Law 44-FZ, customers whose total annual procurement volume in accordance with the schedule exceeds one hundred million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory).

Consequently, the legislator obliged customers to create contract services ().

Within the meaning of Part 1 of Art. 38 of Law 44-FZ, the legislator gives the customer the right to create a contract service of specialists by expanding labor responsibilities.

Within the framework of Art. 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by the labor code and other federal laws.

Due to the fact that the provision of the law has established, I consider it possible to apply the provisions of Art. 74 of the Labor Code of the Russian Federation.

According to Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to change at the initiative of the employer , with the exception of changes in the employee’s labor function.

If an employee refuses to perform work in a contract service, the employer has the right to terminate the employment contract in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation.

Based on clause 7 of Art. 77 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract are the employee’s refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation).

At the same time, it is possible to make changes only to job descriptions in connection with the expansion of their job responsibilities.

When making changes to job descriptions, the employer is obliged to familiarize the employee with the new job description against signature.

According to the Letter of Rostrud dated October 31, 2007 N 4412-6 “On the procedure for making changes to job descriptions of employees,” if the job description was approved as a separate document and at the same time making changes to it does not entail the need to change the mandatory conditions of the employment contract, it is most convenient to approve job description in the new edition, familiarizing the employee with it in writing. The job description, as a rule, is drawn up in two copies, one of which, at the request of the employee, can be given to him.

When preparing a job description and making changes to it, you should take into account the requirements of the State Standard GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents", put into effect by Resolution of the State Standard of Russia dated 03.03.2003 N 65- Art.

It should also be noted that, by virtue of Art. 57 of the Labor Code of the Russian Federation, failure to include in an employment contract any of the specified rights and (or) obligations of the employee and employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Attention! The information provided in the article is current at the time of publication.

Job descriptions taking into account professional standards 2016-2017

Sample job description for contract service employee

A sample job description is compiled taking into account the professional standard Procurement Specialist

1. General provisions

1.1. A person who has:

1) higher education (specialty, master's degree), additional professional education in advanced training programs or programs professional retraining in the field of procurement;

2) work experience in procurement for at least 4 years.

1.2. A contract service employee must know:

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

2) the basics of civil, budget, land, labor and administrative legislation as they apply to procurement;

3) basics of antimonopoly legislation;

4) economic principles of pricing;

5) basics accounting in terms of application to procurement;

6) basic statistics as they apply to procurement;

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

8) features of drawing up procurement documentation;

9) the procedure for establishing price-forming factors and identifying quality characteristics that affect the cost of goods, works, services (by area);

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

11) methodology for conducting:

Checking (examination) of the procurement procedure and documentation;

Examination of the compliance of the results provided for in 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 inspection (examination) of the procurement procedure and documentation;

13) features of preparing documents for claims work;

14) ethics of 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. A contract service employee must be able to:

1) use computer and other auxiliary equipment, communications and communications equipment;

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

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

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

5) apply liability measures 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 to examine (check) the compliance of the results provided for in the contract with the terms of the contract;

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

8) ……… (other skills and abilities)

1.4. A contract service employee in his activities is guided by:

1) Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law of 07/18/2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law of December 2, 1994 N 53-FZ "On the purchase and supply of agricultural products, raw materials and food for state needs";

2) ……… (name of the constituent document)

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

4) this job description;

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

1.5. The contract service employee reports directly to ……… (name of manager’s position)

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

1.7. ……… (other general provisions)

2. Labor functions

2.1. Examination of procurement results, contract acceptance:

1) checking compliance with the terms of the contract;

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

2.2. Management of subordinate employees.

2.3. ……… (other functions)

3. Job responsibilities

3.1. The contract service employee performs the following duties:

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

1) receives information about the progress of fulfillment of the obligations of the supplier (contractor, performer), including about difficulties arising during the execution of the contract;

2) checks the accuracy of the information received on the progress of fulfilling the obligations of the supplier (contractor, performer), including difficulties arising during the execution of the contract;

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

4) attracts experts and expert organizations to conduct an examination of the goods supplied, work performed or services rendered;

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

6) applies liability measures and takes other actions in the event of a violation by the supplier (contractor, performer) of the terms of the contract, including organizing inclusion in the register of unscrupulous suppliers.

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

1) checks the compliance of the results provided for in 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 procedures for acceptance of the delivered goods, work performed (its results), services provided and creates an acceptance committee;

4) attracts third-party experts or expert organizations to examine (check) the compliance of the results provided for in the contract with the terms of the contract;

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

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

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

1) distributes labor functions and official tasks among subordinate employees and exercises control over their implementation;

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

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

4) resolves conflict situations between subordinate employees;

5) ……… (other duties)

3.1.4. As part of the performance of his job functions, he carries out instructions from his immediate supervisor.

3.1.5. ……… (other duties)

3.2. When performing his duties, the leading procurement specialist must comply with the following ethical standards:

1) maintain confidentiality of information;

2) comply with the ethics of business communication;

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

4) not to disclose materials of working research;

5) not create conflict situations in the workplace;

6) do not commit actions that discredit the profession and reputation of colleagues;

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

3.3. ……… (other provisions on job responsibilities)

4. Rights

A contract service employee has the right:

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

4.2. Request clarifications and clarifications from your immediate supervisor regarding these instructions and assigned tasks.

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

4.4. Get acquainted with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.

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

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

4.7. ……… (other rights)

5. Responsibility

5.1. The contract service employee is held liable:

For improper performance or failure to fulfill one’s official duties provided for in this job description - in the manner established 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 work activities - in the manner established by the current administrative and criminal legislation of the Russian Federation;

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

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description has been developed on the basis of the Professional Standard “Procurement Specialist”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ……… (details of local regulations of the organization)

6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).

The fact that the employee has familiarized himself with this job description is confirmed by ……… (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; in another way)

6.3. ……… (other final provisions).

I can’t help but cover this topic, because... I receive requests for a sample job description for a contract manager almost every day.
First of all, I hasten to reassure everyone: if your contract manager is still working without a job description, you will not face any fines. Neither the Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, nor the Order of the Ministry of Economic Development of October 29. 2013 N 631 “On approval of standard regulations (regulations) on contract service” do not mention job descriptions. Even in the Labor Code there is nothing about them.

The head of the institution independently decides on the form of the document defining the job responsibilities of the contract manager.
The purpose of the instruction is to determine the rights, duties and limits of responsibility of the employee.
If there are no job descriptions in the institution, information about the employee’s labor function is included directly in the text of the employment contract.
In many cases, it is more convenient to determine the terms of a specific employment contract based on the approved job description.

The manager can make changes to the instructions. The new provisions will apply to employees hired for relevant positions. Already working specialists must not only be familiarized with the changes, but also receive their written consent if this leads to a change in the terms of the employment contract.

Contents of the job description of a contract manager, head (employee) of a contract service

Typically this document includes the following sections:

Section 1 “General Provisions”:
- the name of the position, which structural unit the position belongs to, the procedure for appointment and dismissal, and filling the position during the period of temporary absence of the employee.

Section 2 “Qualification Requirements”:
- level of required professional training
In accordance with paragraph 6 of Article 38 of Federal Law No. 44-FZ, contract service employees and contract managers must have higher education or additional professional education in the field of procurement.

Section 3 “Job Responsibilities”:
-specific types of work that make up the performance of a labor function
Almost all the responsibilities of a contract manager are listed in Order of the Ministry of Economic Development dated October 29, 2013 N 631 “On approval of the standard regulations (regulations) on contract service”, as well as in professional standards "Procurement Specialist" And "Procurement Expert", approved by orders of the Ministry of Labor of Russia No. 625n and No. 626n dated September 10, 2015. The list of works should be expanded and specified taking into account the needs of the institution and instructions should be formulated for different positions: for example, in the duties contract manager include - “coordinates the publication of notices on procurement with the head of the Institution”, in the duties head of contract service– “makes a decision on the publication of notices of procurement”, the duties of contract worker– “publishes, by decision of the head of the contract service, a notice of procurement”
The job description of the head of the contract service will also contain the following points:
- submits proposals for the appointment and dismissal of contract service employees to the head of the institution for consideration;
- distributes responsibilities between contract service employees;
- determines the job duties and personal responsibilities of contract service employees
The job description of a contract manager must include almost all the functions listed in Order No. 631. Job descriptions of contract service employees may differ and contain different responsibilities; for each employee, only a part of the functions listed in the Order.
Section 3 is necessary, in particular, to transfer the powers of an employee during the period of his vacation, illness, or business trip to a person temporarily replacing him;

Section 4 "Rights":

- a list of rights of an employee holding this position: the right to receive certain information, the right to control the execution of documents, the right to sign documents, etc.

Section 5 "Responsibility":
- area of responsibility of the contract manager (manager or employee of the contract service) for the results and consequences of his work activities, for actions and inactions within the limits of his powers
In this section, it is advisable to list groups of possible violations, measures of personal administrative and disciplinary liability in accordance with current legislation.

In addition to the main ones, the job description may include additional sections.

Section “Procedure for interaction by position”:

The section includes official external and internal communications: - with procurement participants, with contractors, with the management of the institution, with the head of the department, with other departments.
This section establishes the deadlines for the employee to submit and receive certain documents. The section is necessary to comply with the document flow schedule.

Section “Evaluation of results”:
This section is needed even if the result of performing functions cannot be expressed in numbers or percentages. The main result of the work of a contract service or a contract manager is the conclusion of contracts on terms that ensure the most effective achievement of the specified results of meeting state and municipal needs.
An intermediate result may be, for example, uninterrupted material supply to the institution, absence of complaints from procurement participants, absence of fines, etc.

In the staffing table of most government and budgetary institutions The position of contract manager is not yet available. You can hire a new employee for any vacant position, for example, an economist, and issue an order appointing him as a contract manager. In this case, job responsibilities may be listed in the employment contract or the text of the economist’s job description may be changed.

Irina Kozlova

Job description of a contract manager (sample)

Name of company JOB DESCRIPTION	I APPROVED Name of the position of the head of the institution

Place of compilation	Signature Full name
date Registration N	date

JOB DESCRIPTION OF CONTRACT MANAGER

General provisions
...
Qualification Requirements
...
Job responsibilities
...
Rights
...
Responsibility
...
Procedure for interaction by position
...

Visa approval (if necessary)
I have read the instructions. I received a copy of the instructions	Signature Full name
	date

In the article we will talk about who can be the head of a contract service, what requirements for functionality and education are imposed by Law No. 44-FZ, as well as what responsibility is provided for him by the provisions of the Code of Administrative Offenses.

The contract service operates on the basis of the formalized Regulations on the Contract Service (Regulations). The contract service cannot function until such a provision is approved. This document defines the procedure for the service, as well as the procedure for interaction with other departments of the customer and the procurement commission. We wrote more about what the contract service does in the article “”.

The regulation on contract service is developed by the customer on the basis of the Model Regulation on contract service, approved by Order of the Ministry of Economic Development No. 631 of October 29, 2013 (hereinafter referred to as the Standard Regulation).

Clause 9 of the Model Regulations states that a contract service must always have a manager. The customer can determine the job title independently. For example, you can call such a position “head of contract service.” There are no requirements for the title of the contract service manager position in the Standard Regulations.

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

If a contract service is created without forming a separate unit, it is headed by one of the customer’s deputy heads.

Can Chief Accountant to be the head of a contract service, without forming a separate unit?

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. Thus, if the chief accountant is not a deputy manager, then he cannot be the head of the contract service without forming a separate unit.

The main powers of the manager are determined in the regulations (regulations) on contract service approved by the customer. The customer can detail these powers in the job regulations (instructions).

It is necessary to approve the document regulating the activities of the head of the contract service at the time of hiring a new employee or assigning duties to an employee who has not previously performed them. The document can be drawn up in any written form on paper, which must indicate:

Job title;
information that the employee is the head of the contract service;
immediate supervisor (order of subordination);
education requirements (other qualification requirements, if any);
requirements for knowledge of legislation;
specific powers to carry out procurement, taking into account the distribution of functional responsibilities;
rights and obligations;
responsibility.

Such a document is drawn up by an employee of the personnel department or another authorized person, and it is approved by the customer’s manager or his authorized person.

Who has the right to replace the head of the contract service in his absence?

The head of the contract service must independently determine the contract service employee who will replace him during the vacation period. This conclusion follows from Art. 38, 112 of Law No. 44-FZ and Model Regulations. The head of the contract service may have a deputy who, in the event of the temporary absence of the head of the contract service or on his behalf, performs his functions.

What are the main responsibilities

Head of contract service:

distributes functional responsibilities between contract service employees (clause 10 and clause 17 of the Model Regulations).
submits for consideration to the main person of the customer proposals on the structure and number of the CS, on appointment and dismissal.
forms a work plan for the CS and submits it for consideration to the customer. He must provide him with monthly, quarterly and annual reports, and, if necessary, information on procurement at any stage.
organizes, if necessary, consultations with suppliers and participates in such events. This is done to determine the state of the competitive environment in the relevant markets.
organizes a mandatory public discussion of the procurement and, if necessary, prepares, based on its results, changes to be introduced into the document, or ensure the cancellation of the procurement.
participates in the approval of requirements for certain types of goods, works, services purchased by the customer (including their maximum prices) and (or) standard costs for providing the customer’s functions, as well as organizing their placement in the Unified Information System.
participates in the consideration of cases of appealing the actions (inaction) of the customer, in particular appealing the results of the determination of the supplier.
develops draft customer contracts.
oversees all issues related to, as well as organizing the return of funds contributed as security for the execution of an application or contract.

The customer has the right to assign to the head of the contact service not only the responsibilities for organizing and coordinating the work of planning and conducting procurement, but also the implementation of the functions and powers of the service. That is, the manager will be responsible for the result of any action of contract service employees.

To effectively solve problems, it is worth developing detailed regulations. It regulates relations during procurement, determines the procedure for the actions of contract service employees and the procedure for interaction of the service with other departments of the customer.

What qualifications should a contract manager have?

As follows from the letter of the Ministry of Economic Development dated April 17, 2017 No. D28i-1636, from July 1, 2016, requirements for employee qualifications have been established and are mandatory for use by employers. The requirements of professional standards should be taken into account when drawing up job regulations for contract service employees, including its head.

The head of the contract service must have certain qualifications. In the professional standard, it is indicated only in the generalized labor function “Organization of work on examination and consulting in the field of procurement for state, municipal and corporate needs.” This labor function provides for the 8th, highest, level of qualification (4 levels in total - from 5th to 8th).

To fulfill it, it is necessary to meet the education and training requirements:

higher education - specialist or master's degree;
additional professional education - advanced training programs or professional retraining programs in the field of procurement. For example, it could be that provide training for such employees, enable students not only to update their knowledge in the field of public procurement, but also to develop additional skills and get answers to their questions. It is recommended to improve your qualifications at least once every three years.

Requirements for practical work experience — at least 5 years in procurement, including at least 3 years in management positions.

Responsibility of the head of the contract service

The head of the contract service is the same employee of the contract service as any other member of it (clause 10 of the Model Regulations). In case of violation of the law, he bears administrative responsibility provided for in Articles 7.29-7.32, parts 7, 7.1 of Article 19.5, Article 19.7.2 of the Code of the Russian Federation on Administrative Offenses, as an official (Article 2.4 of the Code of Administrative Offenses of the Russian Federation).

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