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The creation of a contract service by the customer is mandatory. Creation of a contract service as a separate structural unit. Providing the system of procurement procedures with qualified personnel

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​Do you need to improve the qualifications of a contract service employee or train a specialist from scratch? Leave a request in the form below.

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For those who have been working with government procurement for a long time and monitoring changes in legislation, it is far from a secret that since 01/01/2017 there are clearly regulated requirements for the education of contract service employees and contract managers.

This happened thanks to the entry into force of the Order of the Ministry of Labor of Russia dated 09.10.2015 N 625n “On approval of the professional standard “Specialist in the field of procurement” and Order of the Ministry of Labor of Russia dated 10.09.2015 N 626n “On approval of the professional standard “Expert in the field of procurement”.

The use of a professional standard by an employer means its use “in the formation of personnel policies and in personnel management, in organizing training and certification of workers, developing job descriptions, charging work, assigning tariff categories to employees and establishing wage systems, taking into account the peculiarities of the organization of production, labor and management.” .

Thus, now when hiring, appointing to a position, sending for training, etc., the customer’s personnel service must rely on the introduced professional standards.

In accordance with the standard, certain requirements are imposed on an employee performing one or another generalized labor function:

Table 1.

Generalized labor functions Requirements
1. Ensuring procurement for state, municipal and corporate needs Secondary vocational education and additional vocational education – advanced training programs and professional retraining programs in the field of procurement.
2. Procurement for state, municipal and corporate needs Higher education - bachelor's degree, additional professional education - advanced training programs (professional retraining programs) in the field of procurement, practical work experience - at least 3 years in the field of procurement.
3. Examination of procurement results, acceptance of the contract Higher education - specialty, master's degree; additional professional education - advanced training programs (professional retraining programs) in the field of procurement, practical work experience - at least 4 years in the field of procurement.
4. Control in the field of procurement Higher education - specialty, master's degree; additional professional education - advanced training programs (professional retraining programs) in the field of procurement, practical work experience - at least 5 years in the field of procurement, including at least 2 years in management positions.

As the table below shows, if the customer is engaged in procurement (including acceptance of contract results), for example, only one employee, then he must meet fairly high requirements - have a higher education in a specialty (master's degree), undergo additional professional education in the field of procurement and have at least 4 years of practical experience in procurement. If there are several such employees and they perform different generalized job functions, then the requirements for them may be different depending on the function performed. The highest demands in any case are placed on the employee who is responsible for accepting the results of the contract (1).

So what requirements for the education of contract service employees are put forward in the approved professional standards?

For contract managers and contract service employees, according to current legislation and amendments that entered into force on January 1, 2017, it is sufficient (strongly recommended) to have one of the following levels of education:

  • higher education (without taking into account the profile);
  • professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (secondary or higher);
  • 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;
  • additional professional education in the field of procurement.

Requirements for the qualifications of the customer’s employees are also set forth in the law on the contract system itself and in the training guidelines.

According to the law on the contract system, customers are required to be as competent as possible and must be aware of their responsibility when using and distributing budget funds, therefore Law No. 44 FZ imposes the following conditions:

  1. Customers are required to improve the level of qualifications and professional education of employees of contract services and commissions, including through advanced training or professional retraining in the field of procurement (Article 9 No. 44-FZ).
  2. Requirements for the professional composition of the customer’s commission and the composition of the contract service: the commission must be formed of persons who have undergone professional retraining or advanced training in the field of procurement or who have special knowledge related to the procurement object (Part 5 of Article 39 No. 44-FZ).
  3. Requirements for the qualifications of contract service employees, contract managers - must have higher education or additional professional education in the field of procurement (Part 6 of Article 38 No. 44-FZ, letter of the Ministry of Economic Development of Russia dated 04/06/2016 No. D28i-841, letter of the Ministry of Economic Development of Russia dated 13.05 .2016 No. D28i-1220; Professional standards “Expert in the field of procurement” and “Specialist in the field of procurement”).

Read about the timing, forms and cost of training using the contact system (44-FZ) in the following article

(1)https://otc.ru/academy/articles/profstandarts_44fz_223fz

In 2015, our institution’s public health expenditure exceeded 100 million rubles. There was an obligation to create a contract service. The regional ministry, in accordance with funding, has established a requirement for the number of employees in the unit - no more than three people. Previously, I managed procurement on my own, but now I had to look for someone to include in the contract service. At the same time, no additional staffing positions were provided for in the institution. Time was running out, and we could not carry out procurement without a contract service. To fulfill the formal requirement, we included an accountant, an economist and a programmer in the service. I was appointed head of the contract service. And then the problems began.
The accountant refused to work in the contract service, citing the workload and our failure to follow the standard procedure - we did not warn employees in advance, did not make changes to employment contracts and job descriptions. Consequently, I, as a manager, had no right to demand that employees engage in procurement and answer to supervisors. As a result, in order to comply with all the requirements, we had to delay purchases for two months - the period in which it is necessary to warn employees about the changes. After an unsuccessful experience, we went through all the stages of official approval with employees, prepared templates and a scheme for creating a contract service. I will share my experience.
First: two months before the start of the contract service, warn employees who are already employed in the organization about the change in their job function. Second: make changes to employment contracts and job descriptions, issue an order for transfer to another structural unit where the personal responsibilities of contract service employees have been assigned. Third: to distribute responsibilities, publish order and develop , take as a basis . Supplement the standard provision with the necessary responsibilities and rights. For example, write:

The main conclusion I drew from the situation is that the work of a manager is not only in the distribution of tasks, but also in proper planning. It is not enough to decide who performs a particular function; it is important to formalize the decision correctly and in advance. To make it easier for you, I will share templates that helped me:
— order to create a contract service;
— notification to an employee about changes in job functions;
— order to change job description;
— additional agreement to the employment contract;
— Regulations on contract service;
— order on the distribution of responsibilities between contract service employees.
The recommendation of the State Order System will also help: How to create a contract service.
It is not enough to transfer a function; it is important to prepare employees for new tasks. To do this, send employees to improve their skills.


Is it possible to create your own contract service in each branch?

In 2016, the head of our medical institution decided to open a branch. By that time, the organization already had a contract service as a separate division. However, for the new branch, the chief physician proposed creating a separate contract service that would deal only with the branch’s purchases. It was assumed that this would make it easier to track purchases. Since the already created contract service did not have a lawyer, the head of the department turned to me for advice.
I, as a lawyer, explained that it is impossible to create several contract services for one customer. A branch is not a legal entity. Branches operate on the basis of regulations approved by the legal entity that created the branch. That is, the branch is not an independent customer in the sense of Law No. 44-FZ. In addition, Law No. 44-FZ and Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 do not provide for the creation of several contract services by one customer.
I’ll tell you how we set up the work of one contract service for all branches. Each branch has employees who are part of the contract service and are responsible for purchasing for the branch. In particular, branch employees formulate the needs for the next year at the moment when the contract service prepares draft procurement plan- for us it is August of this year, they prepare technical specifications, join the acceptance committee, and perform other tasks. However, there is no separate service for each branch. One contract service independently maintains a procurement plan and schedule, conducts purchases for its own needs and for the needs of branches.
Now we already have three branches and one contract service. I was accepted into the contract service as a lawyer. I helped organize the work of the branches and am now doing claims work.

How many people to include in the contract service?

From the very beginning of Law No. 44-FZ, we decided that we were creating a contract service. At the same time, they knew that the contract service must include at least two people, and the maximum number of people is determined by the customer independently, taking into account needs and financial capabilities. Since competitive procurement was already carried out then, but only in accordance with Law No. 94-FZ, two specialists who were involved in procurement at that time were hired into the contract service. In the course of work, Law No. 44-FZ underwent changes, the requirements for contract service employees also changed, and we realized that two people are not enough.
Currently our contract service consists of four people and a manager. I’ll share my experience of why we decided to expand to five employees.
When determining the number, we proceeded from the total financial volume of purchases and the number of contracts for the last year. At the same time, we took into account that we will also spend extra-budgetary money in accordance with Law No. 44-FZ. From work experience, we understood that one person conducts 15 competitive purchases per month. We figured that given our volumes, three people were needed just for competitive procurement. A separate employee was allocated for contracts with a single supplier. It was decided that the head of the contract service should prepare a procurement plan and schedule, check all technical assignments from employees, monitor the work of the department, develop regulations, and engage in organizational work.
I’ll give you some advice: when you doubt how many people to take, for example, three or four, stop at a smaller number. During the work, it will become clear whether employees are coping with the functionality. You may have to look for more people or offer additional functionality for those who are already working. In any case, it is easier for an employer to find another person than to fire the one he has already hired. In addition, additional functionality means additional payment for the employee. Materials from the State Order System will also be useful:


Does every employee need an electronic signature?

When we created a contract service, we were faced with a problem: whether to give each employee an electronic signature or whether to sign all documents with the digital signature of the manager. As a result, we decided to make an electronic signature for each contract service employee. The employee uses his digital signature to sign documents that he creates in the Unified Information System, as a rule, these are notices and reports. At the same time, contracts are signed with the digital signature of the manager and only when the director is at work. I'll tell you what guided them.
Fines in procurement are high, and each employee is responsible for his own specific tasks. To avoid any disputes about which employee violated the law, it was decided that the digital signature would serve as proof of who specifically drew up the incorrect document or violated the deadlines. In addition, an employee who signs a document in the Unified Information System is motivated to work responsibly. Therefore, I advise every employee to get an electronic signature.
There is a different rule when signing a contract. Offer the manager two options: sign the contract on the electronic platform with your enhanced electronic signature or a separate order, or power of attorney give the head of the contract service the authority to sign contracts on behalf of the customer. If the signature is placed by the customer’s manager, indicate in the preamble of the document that the contract is signed by the customer in the person of the manager, acting on the basis of the regulations or charter. In this case, the contract is signed with the digital signature of the manager. Let’s say, by decision of the customer, the head of the contract service was given the right to sign a contract on electronic platforms on behalf of the legal entity. Then, in the preamble of the contract, indicate that the document is signed by the customer represented by the head of the contract service. Provide the details of the power of attorney. Only if these conditions are met, the contract can be signed with an enhanced electronic signature of the head of the contract service.
Getting an electronic signature the first time will help step by step instructions.

Can a lawyer be part of a contract service and at the same time engage in work that is not related to 44-FZ

Yes, boss by order has the right to assign the functions of a contract service employee to individual employees, for example, a lawyer. The contract service of our organization included three employees. However, none of the employees had a legal education. When it came to claims work, difficulties arose - the contract service employee could not file a claim or complaint. In-house lawyers refused procedures under Law No. 44-FZ, since the workload of their main work was high, and work under 44-FZ was not specified in the job description.
To solve the problem, the manager assigned all claims work to the legal department. The head of the legal department was included in the contract service. Formally, all specialists of the legal department are not part of the contract service, therefore only the manager is responsible for claims work within the framework of Law No. 44-FZ. Now the contract service of our organization has no problems with legal assistance within the framework of Law No. 44-FZ.
Let’s say we decided to follow our example - to include a lawyer in the contract service and at the same time change or expand the employee’s labor functions. Then, with the employee’s consent, enter changes to job description.

Who is responsible for the terms of reference

When the contract service began to function, we were faced with a problem - the department’s employees were not able to complete all the technical tasks; they did not have enough time or qualifications for this. Then we decided that in our organization he would be responsible for the development of technical specifications procurement initiator. I'll tell you how we implemented the idea.
We created a contract service without forming a separate unit. The service includes employees from different departments, for example, the head of the purchasing department, the head of the supply department, the head of the information department. A department employee develops technical specifications for his area of ​​activity. For example, an employee of the supply department is developing a technical specification for the supply of stationery, IT specialists for the supply of computers, etc. I, as the head of the procurement department, check whether the description of the procurement object in the technical specification meets the requirements of Law No. 44-FZ.
We have it this way, and it works: the person who creates the technical specifications is part of the acceptance committee.

Each of the contract service employees has their own specialization. How to ensure interchangeability

In our organization, each contract service specialist is busy with a specific task, for example: one plans, another places notices in the Unified Information System and accepts applications, the third deals with contracts with the supplier. When one of the employees fell ill or went on vacation, the department stood idle - no one knew how to do the other’s work. The same problem was with the members of the single commission. It happened that during a meeting more than half of the commission went on vacation. We solved the problem in three stages.
We train contract service employees in all processes and adhere to the principle of interchangeability. This way, employees also develop, which implies career growth.
We train employees in advanced training courses and on the job. We find out when a specialist goes on vacation, and in advance, for example a month in advance, we educate others about the key tasks that they will have to perform during the employee’s vacation. Since all procedures are carried out within the framework of the schedule, identifying the upcoming volume is not difficult. For filling a position we pay extra- this is an additional incentive.
To organize the learning process, follow the scheme:

  1. Familiarize yourself with the professional standards in procurement, decide what program to train your employees in - How to apply professional standards: retraining and certification of employees.
  2. Check out training tips from the Higher School of Public Procurement: How to improve your qualifications or undergo retraining at the Higher School of Public Procurement.
  3. Decide how to purchase educational services, follow the procedure: How to purchase educational services.
We monitor the vacation schedule of committee members, we are creating a new commission for the holiday period. During the vacation of the main employee, we appoint a contract service specialist as a member of the commission, again, paying extra for functionality.
Who can be a member of the procurement commission, see recommendations.
Developed regulations , Where laid out the order, in which contract service workers interact with each other.

What to do if you haven’t allocated money for contract service training?

In 2016, we checked the education of contract service workers and found that most people were trained in accordance with Law No. 94-FZ. The task arose - to retrain the staff. We are not allocated budgetary funds for contract service training. Therefore, we trained workers through income-generating activities. One of the contract service workers came to us in 2017 with a diploma in professional retraining. Now all specialists involved in procurement in our organization meet professional standards and legal requirements.
I will give advice to organizations that do not have enough extra-budget. There is a way to reduce costs - to study for 16 hours, not 108. The period of 16 hours was set by the Ministry of Education and Science of Russia ( paragraph 12 The procedure approved by order of July 1, 2013 No. 499).
To receive additional vocational education, an employee undergoes a program of advanced training and professional retraining. The Ministry of Economic Development and the Ministry of Education and Science of Russia have developed methodological recommendations for organizations that are preparing programs for additional education in procurement. The methodological recommendations indicate that the minimum period required to master the program is 108 hours. If the head of the customer organization is trained, the period can be reduced to 40 hours. At the same time, it is not necessary to apply the methodological recommendations - the document is advisory in nature. The educational institution independently calculates the number of hours for which students master the program. Therefore, it is enough for contract service employees to retrain for 16 hours. The Russian Ministry of Economic Development adheres to a similar position in letters dated December 11, 2015 No. OG-D28-15401, dated March 25, 2016 No. OG-D28-3885.
To make it easier to decide which courses to take and make purchases, use the recommendations of the State Order System:

How to avoid staff turnover due to low salaries


The contract service of our organization is faced with a problem - salaries are small, but fines are large. The result is staff turnover.
We decided to retain specialists with additional payments. We provide incentives for the fact that the employee performs his/her job duties efficiently. We pay the premium in accordance with the current local bonus regulations. The procedure for additional financial incentives was established in regulations on contract service. We also pay extra for financial responsibility and presence on the commission. Now our employees do not leave us and are interested in additional workload.
From my experience, I will recommend five ways to reward a contract service specialist. Choose which method is right for you.
Method 1. Pay extra for combining positions
Let's say an employee combines his main position, for example, lawyer, economist, accountant, and the position of a contract service employee. Labor legislation allows additional payment to an employee ( letter of the Ministry of Economic Development of Russia dated December 30, 2015 No. D28i-3860).
To pay for additional work, apply for a combination of positions or internal part-time work.
Way Terms Payment
Combination of positions Order of the manager, written consent of the employee in the form of an additional agreement to the employment contract. A person performs the work of a contract service employee during the working day The amount of the surcharge is set in a fixed sum of money or as a percentage of the tariff rate or salary
Internal part-time job A separate employment contract with the employee, all documents that are provided for when hiring. A person performs the work of a contract service employee in his free time from his main job. Payment is set in the employment contract. Upon dismissal, an employee is entitled to compensation for unused vacation.
It is more convenient to choose a combination of positions, then you will not have to enter into an employment contract. In addition, the amount of the surcharge is not limited to either a minimum or maximum level. To arrange a combination, draw up an additional agreement to the employment contract. Write in the document:
  • the work that the employee will perform additionally, its content and volume;
  • the period during which the employee will perform additional work;
  • amount of additional payment for combining positions.
For example, include the following wording in the additional agreement:

Based on the concluded agreement, issue a combination order. There is no standard form for the document, so please prepare order in any form.
Requirements for registration of combination are provided in Article 60.2 Labor Code of the Russian Federation.
Method 2. Write out a bonus
The basis for the bonus is the employee’s high-quality performance of job duties. Write out the bonus in accordance with the current local acts on bonuses within the limits of budget money for wages. You cannot pay an employee using savings on purchases. The procedure for additional material incentives should be fixed in the regulations on contract service, for example, like this:

Method 3. Pay an incentive premium
The employer has the right to establish an incentive bonus for intensity and high performance results. Approve in the organization a system of criteria and performance indicators for the contract service, for example:
  • timely and efficient work on preparing the necessary documentation for procurement and bidding;
  • preparation of operational, including unscheduled, reporting and information;
  • compliance with deadlines for the preparation and transfer of draft contracts;
  • compliance with the deadlines for processing protocols of disagreements.
Method 4: Pay for extra work
If the additional functions of a contract service employee are not specified in the job description, then we are talking about additional work. Frame the increase in work volume as an expansion of the service area. Expanding the service area - performing, along with one’s main work under an employment contract, an additional amount of work in the same profession or position ( Part 2 Art. 60.2 Labor Code of the Russian Federation).
Set additional payment for additional work. The amount of the additional payment will be determined by agreement of the parties. To do this, make up order and an additional agreement to the employment contract (Art. 60.2 , 151 Labor Code of the Russian Federation).
Method 5: Pay overtime
Let’s say a contract service employee is late at work when it is necessary to quickly carry out a competitive procurement. Pay extra time as overtime - publish order and obtain the consent of the contract service employee. Provide your consent in the form of a statement.

The order is specified in the articles 99 , 149 Labor Code of the Russian Federation.
For the first two hours of overtime, pay no less than one and a half times the rate, subsequent hours - no less than double. At the same time, in a collective agreement, local regulation or employment contract, you have the right to determine the specific amount of additional payment ( Art. 152 Labor Code of the Russian Federation).

Who pays the fine for an employee who quit?

During a routine inspection of our organization, inspectors identified violations committed by an employee who resigned before the inspection. Administrative proceedings are carried out against an employee who has committed an offense, because dismissal is not a basis for exemption from a fine. However, in our case, the manager paid the fine, since the employer did not establish liability in the former employee’s job description. After this experience, we made changes to the job descriptions of contract service employees - we prescribed responsibilities. Now the employee himself pays for the violation, not the manager. However, there is no need to worry when an employee quits. If responsibility is specified in the job description, the culprit will be punished in any case.
In order not to run into problems with our organization, I advise you to follow four steps from the instructions right now:
1. Review the job descriptions of contract service employees.
2. If the job description does not contain a clause on responsibility, add it, for example, like this:
3. Warn the employee that you are making changes to the job description - draw up notification.
4. Make changes to the job description by order.

Attention: The statute of limitations is one year from the moment the employee violated the law ( Part 1 Art. 4.5 Code of Administrative Offenses of the Russian Federation).

The structure of the contract service is determined by the framework (standard) provision, but each customer sets it independently. Let's look at 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 imposed a new responsibility on contracting authorities to create a contract service or appoint a contract manager.

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

A serious problem for any customer is the organization of internal control of procurement activities. And it is simply necessary to prevent accidental or intentional violations during procurement, 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 expanding the powers of the contract service and the contract manager.

Contract manager under 44-FZ

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

An institution may have several contract managers appointed. Moreover, if there are several of them, you need to specify 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 purchasing products. The other is for plans and schedules. The third is for entering information into the register of contracts.

But in practice it is very rare for there to be several contract managers.

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

So that in a contract service, those who made them are actually punished for mistakes, create a table of 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 appointing a contract manager), which is due to the lack in our country of proper motivation and material incentives for the contract manager as an official who bears almost exclusively the entire responsibility for the procurement of a specific customer. The appointment of a contract manager leads to staff turnover in this position.

Ethics of communication of a procurement specialist: requirements and norms of professional standards

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

Indeed, in the case of creating a contract service, an equal distribution of responsibilities between its members is assumed, and when a contract manager is appointed, such an official individually exercises all functions and powers.

During the absence of the contract manager, the customer issues an order to appoint a person temporarily performing his duties.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get an electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

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

Can the deputy head of the legal support department be the head of the contract service?

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

Since the contract service conducts procurement from the moment of planning 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, full 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 proceeds without the formation of a structural unit. For example, it can be created by an order from a manager issued to individual accounting employees. AO, procurement department (if such exists) are assigned the functions of the KS. Moreover, if the inclusion of individual employees in the CS is associated with a change or expansion of labor functions, and therefore with a change in the 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 manager who is also appointed to the position 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 letter of the Ministry of Economic Development of Russia dated 06/04/2015 No. D28i-1514.

Inspections reveal violations of this. For example, in an institution, the chief accountant or the head of the administrative office, who are not deputies of the head, has been appointed head of the CS.

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 deputy. head of the organization.

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

At its core, the contract service assigns a special rank to all customer employees involved in the procurement process, with the exception of employees who open envelopes with applications from procurement participants, review and evaluate applications, as well as accept contract execution.

An official for whom an electronic digital signature has been issued who does not have an order to transfer authority from the manager cannot sign a contract. If the manager goes on vacation, then the acting There may be 2 digital signatures in case of breakdown or loss. Deadline... The flash drive is lost.

IMPORTANT! The customer must also have a purchasing commission.

Unlike the contract service, the permanent work of the procurement commission depends on the decision of the customer. According to which it can either be a permanent structure (a single procurement commission) that performs procurement functions by using any of the methods of determining a supplier (except for a single supplier), or be created separately for various methods of determining a supplier (competition, auction, quotation commissions , commission for reviewing applications for participation in the request for proposals and final proposals). A purchasing commission can also be created separately for each purchase.

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

It is interesting that the implementation of this right of the customer is possible within the framework of the creation of a procurement commission, according to the operating procedure of which its composition is constant, except for one of its members - a specialized specialist, who is appointed before each purchase in accordance with the characteristics of the specific product required by the customer, works or services.

The functional responsibilities of the contract service determine the unspoken rule according to which it consists of the customer’s employees, and there is no need to involve third-party individuals.

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

What does the commission do?

What does a contract service do?

(contract manager)

Opens envelopes with applications for participation in the competition

Develops a procurement plan (schedule), including preparing changes to them

Keeps a record of opening envelopes with applications for participation

Prepares and places procedural documentation in the Unified Information System

(notification, documentation, draft contracts)

Signs the envelope opening protocol

Ensures the procurement process, including the conclusion of contracts

Reviews and evaluates applications for participation in the competition (request for quotations, auction of the first and second parts) and makes a decision on admission

Participates in the consideration of cases of appealing the results of procedures and prepares materials for claims work

Signs the protocol of consideration and evaluation of applications and the protocol of summing up the results

Organizes consultations with suppliers at the planning stage

Draws up a protocol for considering applications

Other powers provided for by the contract system

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

The contract service and contract manager exercise the following functions and powers:

  1. develop a procurement plan, prepare changes for inclusion in the procurement plan, place the procurement plan and changes made to it in a unified information system;
  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 the Unified Information System of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the identification of suppliers (contractors, performers) in closed ways;
  4. ensure procurement, including the conclusion of contracts;
  5. participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work; (as amended by Federal Law dated June 4, 2014 N 140-FZ)
  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 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 can 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.

At the moment, there is a joint letter from the Ministry of Economic Development of Russia No. 5594-EE/D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated March 12, 2015 “On the direction of methodological recommendations.”

It is recommended to set a minimum period for mastering programs, regardless of the training technologies used, of at least 108 hours, except for the cases established by clause 2.4 of the Methodological Recommendations (clause 2.3 of the Methodological Recommendations).

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

Find out how to choose the right procurement courses and where to get your state-certified training.

What requirements do employers place on contract managers?

Example of a job description

Contract manager (skill 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 for inclusion in the procurement plan, places the procurement plan and changes made to it in a unified information system;
  2. develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in a unified 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 identifying suppliers (contractors, performers) in closed ways;
  4. ensures procurement, including the conclusion of contracts;
  5. participates in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepares materials for performing 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 provide state and municipal

Requirements:

Knowledge of the Federal Law of 04/05/2013 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

One of the innovations that the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services” provides for customers will be the need to create contract services and assign contract managers. These institutes are intended to embody the principle of customer professionalism in

Conditions for creating a contract service and appointing a contract manager

Parts 1 and 2 of Article 38 of 44-FZ regulate in which cases customers undertake to form contract services, and in which - to appoint contract managers.

So, according to this article of the Law on the Contract System, customers whose total annual procurement volume, according to the procurement plan, exceeds 100 million rubles, are required to create contract services.

Customers whose total annual purchase volume, according to schedule amounts to less than 100 million rubles(in the absence of a contract service) are required to appoint an official who is responsible for the implementation of one or more purchases, as well as the execution of each concluded. Such an official is called a contract manager.

It is incorrect to understand that these standards do not allow customers whose total annual purchase volume does not exceed 100 million rubles to create contract services. For customers in this category, the creation of contract services is not mandatory.

If the customer chooses not to create contract service, but to appoint a contract manager, in this case a contract manager can be appointed to carry out both one and several purchases. In this case, the customer has the right to appoint several contract managers, each of whom will oversee a separate purchase or a separate sector.

Functions performed by the contract service

The functionality of the contract service is described in detail in Part 4 of Article 38 of 44-FZ. Part 3 of Article 38 of 44-FZ regulates that the contract service is obliged to act in accordance with the regulations (regulations) created and approved on the basis of the standard regulations (regulations) established by the federal executive body that regulates the contract system in the field of procurement.

The corresponding act approving the standard regulations (regulations) on contract service was adopted in September 2013.

Job description of the contract manager and powers of the contract service

Making a plan and procurement schedule and making changes to it, posting the procurement schedule plan, as well as changes made to them in the UIS (unified information system);

Preparation and placement in the UIS (unified information system) of procurement notices, procurement documentation and draft contracts, as well as preparation and distribution of invitations to potential suppliers to participate in closed procurement procedures;

Ensuring the implementation of procurement, including the conclusion of contracts;

Taking part in the consideration of cases of appealing the results of procurement procedures, preparing materials for working with claims;

Work at the procurement planning stage: if necessary, organizing consultations with suppliers, direct participation in such consultations, in order to draw conclusions about the state of the competitive environment in certain markets for goods, works and services, searching for optimal solutions to meet the needs of the state and municipality;

Other powers regulated by Federal Law dated April 5, 2013 N 44-FZ.

When centralizing procurement, the contract service or contract manager assumes those powers that have not been transferred to the relevant authorized body or institution, and bears responsibility within the limits of their powers. This means not only administrative (corresponding amendments will be made to the Code of Administrative Offenses of the Russian Federation), but also disciplinary liability.

It is important to note that the list of powers of the contract service or contract manager is not closed.

The law does not prohibit the contract service or its individual employees, as well as contract managers, from carrying out other duties not directly related to procurement trading platform. In this regard, a full-time lawyer, for example, can simultaneously be an employee of the contract service and perform his immediate duties: conduct claims work that is in no way related to the execution of contracts.

Both contract workers and contract manager must have a higher or additional specialized education in the field of procurement (the corresponding article of the Federal Law will come into force in 2016).

In its activities, the contract service of a budgetary institution must be guided by the following legal norms and regulatory legal acts of the Russian Federation:

1. The Constitution.

2. Civil legislation.

3. Budget legislation.

4. Federal Law No. 44-FZ.

5. Other regulatory legal acts.

In addition, contract service employees are guided by the Standard Regulations approved by the Ministry of Economic Development of the Russian Federation by order No. 631 dated October 29, 2013

The Regulations outline the basic principles for creating a contract service, as well as the procedure for its functioning when planning, procurement carried out for state and municipal needs:

1. Contract service employees must be qualified specialists, have knowledge of the theoretical basis and practical skills in the field of procurement.

2. Access to information about planning and procurement must be free for all interested parties, and the information must be reliable.

3. Contracts must be concluded on the most favorable terms, ensuring efficiency and high efficiency of procurement.

Law No. 44-FZ defines the goals of creating a contract system:

1. Increased efficiency of procurement for state and municipal needs.

2. Increased procurement efficiency.

3. Creation of a competitive environment.

4. Providing equal opportunities to market participants.

5. Ensuring transparency of procurement.

6. Prevention of abuse, in particular cases of corruption.

7. Creation of a unified information system in the field of procurement and ensuring free access to it for all interested parties.

Whether all the identified goals will be achieved can be predicted by studying the Regulations, especially the paragraphs regulating the functions and powers of employees. Despite the breadth of these powers, almost every step is subject to comprehensive control.

Paragraph 6 of the Regulations lists possible ways to create a contract service:

*as a separate structural unit,

*as a group of employees approved by the Customer performing all functions of the contract service. In this case, a separate unit is not created (a service without the formation of a structural unit).

According to paragraph 7 of the document, the number of contract service cannot be less than two employees, and the maximum is determined by the Customer. The Customer's regulations may establish a condition that contract service employees do not have the right to simultaneously be members of the Customer's procurement commission.

When contract service is a separate division, its head is appointed by the Customer or an official performing his duties. An appointment order is issued. If a service is created without the formation of a structural unit, the duties of its head are performed by one of the deputy heads of the budgetary institution.

Formation of organizational structure is responsibility of the head of the contract service. Circle job responsibilities, the personal responsibility of each employee is determined taking into account the basic principle - increasing efficiency, increasing the effectiveness of procurement for state and municipal needs.

The duties themselves are regulated by the Regulations. The manager’s task is to effectively distribute them among employees in order to perform a number of functions and solve a set of problems:

    Procurement planning.

    Organization (at the planning stage) and conduct of consulting events with the participation of suppliers/contractors/performers. Participation in consultations in order to determine the most suitable technologies, the best solutions in the markets; monitoring the competitive environment.

    Justification for procurement.

    Justification of the maximum (starting) contract price.

    Conducting public discussions on procurement (this item is mandatory).

    Support (both technical and organizational) activities of procurement commissions.

    Attracting competent specialists, experts, expert groups.

    Preparation for posting of procurement documentation, notices of their implementation, draft contracts.

    Working with bank guarantees: their consideration, organization of the movement of funds, payment under bank guarantees.

    Conclusion of contracts.

    Solving organizational issues regarding the acceptance of delivered products, work performed, and services provided. Monitoring the quality characteristics of products, works, services, in particular conducting examinations in accordance with the Federal Law.

    Ensuring the creation of an acceptance committee. Monitoring the implementation of contract stages.

    Solving financial issues: organizing the movement of funds to pay for products, work performed, services rendered.

    Interaction with the supplier/contractor/performer during the preparation and implementation of contract changes, as well as its termination.

    In case of failure to comply with the terms of the contract, organizing the entry of the violator into the register of unscrupulous suppliers, as well as the dissemination of information about the violator in accordance with the regulations.

    When penalties specified in the contract are calculated, a demand for payment of a penalty is sent to the party that violated the terms.

    Preparation of materials for carrying out work on claims, participation in the consideration of such, as well as in cases of appealing actions.

According to the Regulations, regulations are drawn up that prescribe the procedure for the actions of contract service employees, as well as the procedure for the service’s actions when interacting with other departments budgetary organization, supervisory commission. The regulations are approved by the Customer.

Procurement planning

When planning procurement, the functions of the contract service include:

    Development of a procurement plan. Preparing changes to be included in the plan.

    Placing the procurement plan, as well as changes made to it, in the Unified Information System.

    Posting the procurement plan on the Customer's official website on the Internet. Organizing the publication of the procurement plan in print media.

    Preparation of justification for procurement.

    Development schedule, preparation of changes and their introduction.

    Publication of the schedule and changes made in the unified information system.

    Resolving organizational issues regarding approval of the procurement plan and schedule.

    Determining the starting price of the contract, as well as the price of the contract concluded with a single supplier.

Defining suppliers

When determining suppliers/contractors/performers, the contract service:

1. Selects a method for identifying suppliers/contractors/performers.

2. As part of the justification, clarifies the contract price, as well as its justification in:

a) tender documentation,

b) notices of procurement,

c) invitations to participate in identifying suppliers closed in a way

d) documentation about the auction.

3. As part of the justification, clarifies the price of the contract concluded with a single supplier.

4. Prepares procurement notices, relevant documentation (not including a description of the purchased item), draft contracts, as well as changes in procurement notices, relevant documentation, and invitations to participate in the identification of suppliers/contractors/performers in a closed manner.

5. Prepares minutes of commission meetings based on the decisions it makes.

6. Prepares a description of the procurement object.

7. Resolves organizational and technical issues related to provision activities of commissions, in particular checks:

a) compliance with the requirements of current legislation for procurement participants supplying products, performing work, and providing services;

b) the procurement participant has the authority to conclude the contract;

c) the powers of the procurement participant as such: whether the legal entity has been liquidated;

d) whether there are any positive decisions of the arbitration court on the insolvency of a legal entity;

e) whether (as of the date of filing the application) the activities of the procurement participant have been suspended in accordance with any article of the Code of the Russian Federation on Administrative Offences;

f) whether the participant has unfulfilled tax obligations and budget debts;

g) whether the procurement participant is included in the register of unscrupulous suppliers;

h) the procurement participant has no criminal record for an economic crime;

i) the presence of exclusive rights to the result of intellectual activity;

j) whether the other requirements set out in Part 2 of Article 31 of Law No. 44-FZ have been met.

8. In accordance with the terms of the contract, engages a specialized organization to perform certain functions as determined by the supplier.

9. Provides benefits to organizations entitled to them in accordance with Articles 28-29 of Law No. 44-FZ (institutions of the penal system, societies and organizations of disabled people), regarding the proposed contract price.

10. Purchases in the proper volume from small businesses and socially oriented non-profit organizations, in particular, establishes a requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

11. Publishes procurement notices, appropriate documentation, draft contracts, protocols in the Unified Information System. Before the EIS is put into operation, publication is carried out on the official Internet website zakupki.gov.ru.

12. Publishes documentation in the media according to the decision of the head of the contract service.

13. Prepares and sends clarifications of the provisions of procurement documents. Clarifications can be made both in written and electronic form.

14. Provides security for envelopes or electronic documents containing applications for participation: safety, complete inviolability and confidentiality, consideration of received applications only after opening the envelopes or providing access to documentation in electronic form.

15. Provides the opportunity to be present at the opening of envelopes or opening access to electronic documents to all participants who submitted applications or their official representatives.

16. Provides the ability to review information about granting access in real time.

17. Organizes audio recording of the process of opening envelopes or opening access to electronic applications.

18. Ensures the storage of protocols drawn up during the procurement process, submitted applications for participation, proper procurement documentation, as well as all changes and clarifications, audio recordings of opening envelopes or opening access to applications submitted in electronic form, within the time limits established by law.

19. Involves expert groups and expert organizations into the work.

20. Conducts approval of the use of closed methods for identifying suppliers/contractors/performers in accordance with Part 3 of Article 84 of Law No. 44-FZ.

21. Sends the appropriate documentation to the relevant authorities for concluding a contract with a single supplier in the event that the procedure for identifying a supplier is declared unsuccessful.

22. Prepares a justification for the inappropriateness or impossibility of using other methods of determining the supplier/contractor/performer other than purchasing from a single supplier.

23. Prepares justification for the contract price and other significant points when purchasing from sole supplier.

24. Concludes contracts.

25. Participants who evade concluding a contract are included in the register of unscrupulous suppliers.

Performance, change of conditions, termination of the contract

If the conditions are met, changes, or termination of the contract, the functional responsibilities of the contract service include:

    Ensuring acceptance of delivered products, work performed, services provided, including individual stages of the contract.

    Organization of the movement of financial resources aimed at paying for products supplied, work performed, services rendered.

    Interaction with the supplier/contractor/performer when making changes and terminating the contract.

    Sending to the supplier/contractor/performer a demand for payment of penalties, imposed fines, accrued penalties in the event of failure to fulfill obligations under the contract, as well as taking other actions (in accordance with the legal norms of the legislation of the Russian Federation) if violations are committed by the supplier/contractor/performer terms of the contract.

    Organization of examination of delivered products, performed works, rendered services with the involvement of competent persons - experts, expert organizations.

    Work on the creation of an acceptance committee consisting of at least five members, the purpose of which will be the acceptance of delivered products, completed works, rendered services, and the results of the execution of individual stages of the contract.

    Preparation of a document (acceptance certificate) on the results of the execution of individual stages of the contract, as well as a document on acceptance of products, work performed, services.

    Placement in a unified information system of a report containing detailed information on the fulfillment of the terms of the contract, as well as its intermediate stages, and compliance with established deadlines. In case of violations, information about them is published, as well as about the sanctions applied to the violator. Before the unified information system is put into operation, publication is carried out on the official website zakupki.gov.ru. The exception is information classified as “state secret”.

    Inclusion of suppliers/contractors/performers who violated the terms of the contract in the register of unscrupulous suppliers. All violators are subject to inclusion in the register, both those with whom the Customer refused to cooperate unilaterally, and those with whom the contract was terminated according to a court decision.

    Drawing up a report on the volume of purchases made from small businesses and socially oriented non-profit organizations.

    Publication of the report in the Unified Information System.

Other powers of the contract service provided for by law

Law No. 44-FZ provides for a number of other powers exercised by the contract service:

    Organizing and conducting consulting events for suppliers/contractors/performers. Participation in these events in order to monitor the competitive environment, identify the best solutions, in particular technological ones, that contribute to increased efficiency in meeting state and municipal needs.

    Organization of public discussions on procurement. This item is required. Based on its results, changes are subsequently made to the schedule and procurement documentation, including cancellation of the purchase, if required.

    Participation in the approval of requirements for individual products, works, services, including their maximum possible prices. Placing information about approved requirements in a unified information system.

    Participation in the consideration of cases on appealing the actions of the Customer and/or his inaction, in particular in the consideration of cases on appealing the determination of suppliers.

    Preparation of appropriate materials for the implementation of claims work.

    Development of draft contracts, in particular standard ones.

    Development of standard terms and conditions of Customer contracts.

    Checking bank guarantees received as collateral under a contract for their compliance with the requirements of current legislation.

    Providing information about the refusal to accept bank guarantees to the person who provided them, with the obligatory indication of the fundamental reasons for the refusal.

    Organization of the movement of financial resources aimed at payments under bank guarantees.

    Organizing the return of funds contributed as security for the execution of applications or contracts.

In order to fully implement the listed functions and powers relating to planning, procurement, conclusion, modification, termination of contracts, interaction with suppliers/contractors/performers, and other powers, contract service employees are required to strictly comply with the requirements of Law No. 44-FZ, in particular the following:

    Information obtained in the process of determining the supplier/contractor/performer is not subject to disclosure. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.

    Negotiations with procurement participants are prohibited until the supplier/contractor/performer is identified. Cases directly provided for by the legal norms of the legislation of the Russian Federation are regarded as exceptional.

    The involvement of competent persons, experts, and expert organizations in the work is mandatory in cases provided for by the current legislation of the Russian Federation, in particular Law No. 44-FZ.

In accordance with Article 26 of Law No. 44-FZ, in order to centralize procurement, it is possible to create state, municipal bodies, government agencies authorized to identify suppliers. Powers may be delegated to one or more bodies. In such cases, the contract service exercises non-transferred functions and powers. Functions such as justification of purchases, establishment of the maximum (starting) contract price, determination of its terms, and signing of the document cannot be transferred to authorized bodies. Contracts are signed by Customers. The remaining functions are performed by contract service employees.

Sample job description for contract service employee

The sample job description is compiled taking into account the professional standard

1. General provisions

1.1. A person who has:

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

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

1.2. A contract service employee must know:

1) requirements of the legislation of the Russian Federation and regulations 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) the basics of accounting as applied 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 of 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 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. Familiarize yourself 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 "", 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).