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

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

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

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

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

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

Reasons for creating a contract service

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

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

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

What will the contract service or contract manager do?

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

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

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

Stages of creating a CS

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

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

CS structure

44-FZ suggests 3 contract service models:

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

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

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

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

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

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

Ways to create a contract service

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

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

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

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

Qualification requirements for contract service employees

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

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

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

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

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

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

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

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

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

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

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

Qualification requirements for members of the procurement commission:

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

Functional responsibilities of the contract service (contract manager)

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

Summarizing the above, we can draw the following conclusions:

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

Materials used to prepare the article:

1. Law No. 44-FZ of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”
2. Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631).
3. Letter of the Ministry of Economic Development of Russia dated September 23, 2013 N D28i-1070 “On clarification of the provisions of Federal Law dated April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”
4. Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631)

Reading time: 6 min

The contract service, created for the purpose of implementing the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs,” is based on a number of provisions of various regulations governing the scope of procurement legal relations.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

Regulatory framework

Thus, the main general issues of the functioning of the contract service are subject to the provisions of Article 38 of the said Federal Law number 44-FZ. In particular, this article talks about the cases in which it should be created, as well as in what areas of procurement activities this service should function, including what is included in the list of its basic rights and responsibilities.

When creating a contract service, it is necessary to approve the regulations for this unit. This is necessary in order to reflect information about the rules and procedures for the functioning of the contract service of a particular customer.

In order to make the provision as consistent as possible with the current legislation in the field of procurement, you can use the Model Regulations on Contract Service, which was developed and approved by Order of the Ministry of Economic Development No. 631, adopted on October 29, 2013.

In addition, in part of its work, the contract service is guided directly by the provisions of Federal Law No. 44-FZ “On Contract Service”, as well as the norms of the Civil Code insofar as they can regulate the procedure of state and municipal procurement.

The concept of contract service under 44-FZ

A contract service is a division within an organization, which is or, the purpose of which is to carry out various types of procurement aimed at meeting the needs of such a customer, as well as its full functioning.

In accordance with the provisions of Article 38 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs,” the customer, depending on its level of aggregate, decides to introduce the position of a contract manager (or assign corresponding responsibilities to employees of different departments within the limits of their powers) or on the creation of an independent unit, which will be called the contract service or the procurement organization department.

The decision to create a contract service by the customer must be made if the total annual volume of purchases, calculated on the basis of, exceeds one hundred million rubles.

In accordance with Part 1 of Article 38 of the said federal law, today the customer may not create a contract service in the form of a special unit, uniting within this department employees of various departments who, due to their education or their job responsibilities, can carry out interrelated activities in terms of carrying out various procurement activities.

Creation procedure

A contract service within a state or municipal customer is created on the basis of a specially issued order. The position of contract manager is also introduced in the same way. However, it should be remembered that for the latter to fully operate, it will be necessary to introduce a corresponding position into the staffing table, since, otherwise, additional responsibilities will be imposed on those employees who perform procurement work.

Established practice in the field of public procurement suggests that currently the amount of work performed during the implementation of procurement activities is very large, which has a negative impact on hiring a contract service or a part-time contract manager, since in this case there will be a clear violation of the current labor legislation.

Regardless of whether we are talking about creating the contract service itself or introducing the position of a contract manager, the actions of the state customer should look like this:

• issuance of an order on the introduction of the position of contract manager or procurement department. At this stage, the customer, based on its total annual procurement volume, decides on the need to introduce individual positions or create a special department;
• making changes to the existing staffing table with its justification. As such a justification, one should consider, first of all, the need to comply with current legislation in the field of procurement;
• the next stage is the publication of regulations on the procurement department(if we are talking about independent officials, approval of their job descriptions will be required).

Order on creation

This order is the normative act that forms the basis for the work of the created unit. This order can only be signed by the head of the organization, since a new unit is being created.

As part of such an order, you will need to reflect the following information:

• date of creation of contract service;
• a list of its employees, as well as employees who are part of this division(since employees can change, their list can be approved in the form of a separate application, which can be changed if necessary). The head of the procurement organization department is indicated in the body of the order itself as the official who is assigned responsibilities for the primary organization of the work of the unit being created, as well as for monitoring its work carried out at the first level;
• As part of the annex to the order, a regulation on the unit being created can also be approved, which will list a number of issues reflecting the functioning of this unit (the rights and responsibilities of employees, the goals of the creation, the range of issues to be resolved). The regulations on the procurement organization department should be developed in accordance with the existing Model Regulations prepared by the Ministry of Finance of the Russian Federation back in 2013.

In addition, you will also need to indicate when the order comes into force (either a specific date or an indication of the date of signing).

Number and composition

In accordance with the Model Regulations on a contract service, its composition cannot be less than two people. The customer must determine the specific number independently based on its annual volume of purchases, as well as the amount of work to be performed by all employees.

All contract service employees must be officials of the state or municipal customer with whom they are officially registered.

If this unit includes officials who have expanded the range of their powers and job responsibilities, it will be necessary to conclude a special employment contract, which will reflect information about how the employee’s responsibilities are expanded, as well as what material allowances he will receive for this laid.

The contract service consists of:

• from the manager. If this unit is not designated as independent, then it can only be headed by the head of the customer organization or one of his deputies. If the procurement organization department is established as an independent division, then the position of the head of such a division is introduced;
• from his or senior employees. These employees are responsible for coordinating the work of the contract service during the absence of their immediate supervisor. If the manager is on site, then these employees are engaged in performing their immediate job responsibilities;
• from employees of the procurement department. They are directly involved in ensuring the interests of the customer during various types of procurement activities.

Employee education requirements

In accordance with the provisions of Article 38 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, all employees of the procurement department or persons who occupy the positions of contract managers, even if we are talking about granting such persons additional job responsibilities, must take either special courses or have a secondary specialized or higher education in the profile of the functioning of Federal Law No. 44-FZ. Otherwise, their activities in these positions will be unlawful. If the customer has appointed persons who do not have such a special education, then he is obliged to carry out their professional training or retraining in the profile of the functioning of the specified normative act and receive the corresponding document on education.

Job description: main functions of the unit

The job description of the procurement organization department is the Regulations on its work, which reflects all the main nuances necessary for permission by the specified department. It is in this document that a list of those issues is formed, the solution of which becomes the main goal of the functioning of such a unit.

Within the framework of the regulation, the main responsibilities of employees of this unit are fixed, and also provides an indication of what can be applied to such employees.

The main functions of the division include:

• determination of the customer needs that should be reflected in the procurement schedule;
• drawing up the specified schedule and its depending on changing needs;
• selection of a specific type of procurement activities when carrying out the necessary purchases, as well as checking the submitted justification for the contract;
• organization of work of purchasing commissions, including in terms of organizing technical support for their functioning;
• ensuring the safety of all submitted items until they are opened, and after that - until the signing of protocols with the results of the procurement;
• procurement organization, executed contracts, non-fulfillment of concluded contracts and agreements and the inclusion of such performers in the register of unscrupulous suppliers;
• consultations with potential contractors on contracts until such time through the use of special services for processing requests within the framework of the functioning of the Unified Information System and electronic trading platforms;
• verification of the provided execution of contracts in the form of cash pledges(in terms of transferring such to the specified accounts of the customer) and in the form of bank guarantees (in terms of the legality of providing such guarantees, including when checking the credit institution that issued such a guarantee).

The specified functions are not exhaustive, since their list is very wide and is based on Federal Law No. 44-FZ and other regulations adopted in its implementation.

Responsibility of the contract service

Speaking about the responsibility that is assigned to the contract service, it should be understood that we are talking, first of all, about the measures of responsibility that are assigned to those officials who committed any violations of the current legislation in the field of procurement.

All sanctions that can be applied to officials are divided into three types:

• disciplinary(made on the basis of the provisions of the labor legislation of the Russian Federation and the collective labor agreement in force in the organization). The decision to impose such sanctions is made by the employer based on the results of special internal audits of its employees based on identified facts of violations of legislation in the field of procurement;
• administrative(appointed on the basis of the provisions of the relevant articles of the Code of Administrative Offences). Making a decision on the application of such measures of responsibility to officials who have violated the provisions of the current legislation rests only with specially authorized ones;
• criminal, which are appointed only if the state has suffered significant damage. The imposition of sanctions of this type is possible only in relation to individuals if the intentionality of their actions has been proven in order to obtain their own benefit. Only a court can make a decision on what specific criminal measures to apply to persons who have significantly violated the law after carefully studying all the materials submitted to it on a particular case.

At the same time, disciplinary, administrative or criminal measures can be applied. However, in each specific case the issue of applying certain sanctions is considered separately.

As a result of studying the chapter, the student should:

know

• general provisions on the organization and activities of the contract service and contract manager;
• the main functions and powers of the contract service and the contract manager;
• basic requirements for contract service employees, contract manager;

be able to

• determine the feasibility or necessity of creating a contract service or the position of a contract manager;
• determine the job responsibilities of contract managers;

own

• skill in developing regulations (regulations) on contract service (activities of a contract manager);
• skill in forming a contract service and selecting a contract manager.

The procedure for organizing activities, the conditions for choosing between the creation of a contract service and the appointment of a contract manager are provided for in Art. 38 of the Law on the Contract System. The essence of the activities of the contract service and the manager is the same, it is to ensure planning, procurement and support for the execution of the contract.

The contract service is a set of officials of the customer (united in a separate structural unit or consisting of different divisions) performing the functions of carrying out all purchases of the customer under general management. That is, the creation of several contract services for one customer, as well as the appointment of a person who is not an official of the customer to the contract service, is not provided. The head of the contract service can be the head of a unit (when creating a separate unit) or the head of the customer (deputy head). Contract manager is an official of the customer, responsible for planning, procurement (one, several), execution of contracts (one, several).

In addition to the general functionality implemented by the contract service, contract managers also have common requirements for their professional training. Mandatory requirements for the level of education are explained in the Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070. During the transition period (until January 1, 2017), higher professional education (in any field, including procurement) or additional professional education in the field of procurement. From January 1, 2017, requirements include having a higher professional education in the field of procurement or additional professional education in the field of procurement.

The professional standard “Procurement Specialist” was approved by Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. It reflects the main goal of the type of professional activity, which is to control and manage procurement for the effective and efficient use of funds allocated to meet state, municipal and corporate needs. In particular, groups of occupations are identified, labor functions and their characteristics are indicated in accordance with the qualification level.

The working document on the issues of creating and organizing the activities of a contract service is the Standard Regulations on the Contract Service, approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631. The obligation to create a contract service arises with the customer if the SGOZ exceeds 100 million rubles, in other cases the customer has the right to create a service or appoint a manager. Thus, the customer must annually determine the need to create a service when determining the State Public Safety Inspectorate. Since the contract manager essentially replaces the activities of the contract service (when the customer is not obliged to create it), we can talk about the unity of functions and powers between them, although this is not directly provided for by legal norms.

The issue of determining the structure and size of the contract service is the responsibility of the customer; the only point is that it must include at least two people (clause 7 of the Model Regulations). In the case of comprehensive centralization of procurement, the customer, transferring to an authorized organization (authorized institution) the functions of planning procurement, identifying suppliers, concluding government contracts, and their execution, is nevertheless obliged to create a contract service, since the authority to conduct claims work is retained by the customer.

Measures aimed at preventing conflicts of interest and the emergence of corruption risks relate mainly to the activities of the head of the contract service. In particular, a procurement participant may be excluded from participation in the procurement if the participant (head of the participant) of the procurement is married to the head of the contract service or is his close relative, adoptive parent or adopted child (clause 9 of part 1 and part 9 of article 31 Law on Contract Service). Also, a close relative, adoptive parent or adopted son of the head of a contract service cannot be involved in the examination (Part 2 of Article 41 of the Law on Contract Service). The contract manager has restrictions similar to those for persons associated with the head of the contract service. To avoid conflicts of interest, the head of the contract service must optimize the distribution of job responsibilities and personal responsibilities between employees, for example, by establishing a ban on combining the functions of a contract service employee and a customer commission.

To organize the activities of the contract service, the customer generates and approves three documents - an order (another type of document is possible), regulations on the contract service and job descriptions (regulations) of the head and employees of the contract service. You should pay attention to the date of approval of the order - no later than the beginning of the financial year (if the SGOZ exceeds the established limit of 100 million rubles), and if the limit is exceeded during the financial year, the order is approved no later than the date of the decision to approve additional amounts of financing. To organize the activities of a contract manager, the customer also needs to formulate and approve an appointment order and a job description (position). It is also advisable to reflect the functions and powers of the manager, contract service employees, and contract manager in the employment contract.

The main functions and powers of the contract service and contract manager are (the composition changes with the centralization of procurement):

• development and placement in the Unified Information System of a plan, procurement schedule, preparation and placement of changes made to them;
• preparation and placement of notices and procurement documentation in the Unified Information System;
• preparation and sending of invitations to participate in identifying suppliers through closed means;
• ensuring the implementation of procurement, including the conclusion of a contract;
• providing explanatory work, provision of documents and information on procurement by bodies (organizations) exercising control in the field of procurement, departmental, public control;
• preparation of documents and participation in claims work;
• organizing and participating in consultations with suppliers;
• execution of other powers provided for by the regulations (regulations).

It is important to know

Based on the purpose of creating a contract service and appointing a contract manager (providing planning, procurement, support for the conclusion and execution of the contract), it follows that they are obliged to ensure the fulfillment of all the powers of the customer provided for by the Law on the Contract System. And although their functions and powers are defined in the Standard Regulations (clauses 13-17), the detailed content of such functions and powers is currently missing and is left to the discretion of the customer.

The manager, contract service employees, contract manager, found guilty in the prescribed manner of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, bear responsibility, including administrative, disciplinary, civil, and criminal.

As part of administrative proceedings, the contract service and the contract manager are obliged to comply with orders (to eliminate violations) and representations (to eliminate the causes and conditions for committing an offense). It should be noted that they bear administrative responsibility as officials. Disciplinary action is carried out for violations of the law, improper performance of one’s duties in accordance with the legislation on labor and types of state and municipal service. The application of civil liability measures is carried out on general grounds, for example, on claims for compensation for harm caused to third parties as a result of unlawful actions (inaction). Such a requirement can be raised by the customer in recourse to the contract service employees or the contract manager. Criminal liability arises for the guilty commission of unlawful socially dangerous acts, liability for which is provided for by the Criminal Code of the Russian Federation, in particular, such crimes as restriction of competition (Article 178), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Article 178). 183), abuse of power (Article 201).

Control questions

• 1. Is it possible for one customer to create several contract services? Justify your answer.
• 2. Is it possible to perform the functions of a contract service of an executive authority by a contract service of a subordinate government institution?
• 3. What principles do you know about the activities of the contract service when planning and implementing procurement?
• 4. What is the significance of the total annual procurement volume when forming a contract service by the customer?
• 5. Is it legal for the simultaneous activities of a contract service and a contract manager for one customer?
• 6. What are the features of the activities of a contract manager during centralization of procurement?
• 7. What forms of organization of contract service do you know? Which one do you think is most effective?
• 8. What are the options for formalizing the labor relations of contract service employees and contract managers?
• 9. Is it possible to combine the duties of a contract service employee (contract manager) and a member of the customer’s procurement commission?
• 10. What are the functions of the head of the contract service?

Tests

• 1. The customer is obliged to create a contract service in accordance with the Contract System Law if:
  • a) the total annual volume of purchases exceeds 100 million rubles;
  • b) the total annual volume of purchases does not exceed 100 million rubles;
  • c) a special structural unit has been created that exercises the functions and powers of determining the supplier (contractor, performer);
  • d) the total annual volume of purchases does not exceed 100 million rubles. and a special structural unit has been created that exercises the functions and powers of determining the supplier (contractor, performer).
• 2. Is the customer obliged, in accordance with the rules on the contract system, to create a special structural unit that exercises the functions and powers of determining the supplier (contractor, performer)?
• a) yes, I must;
• b) yes, he is obliged if he makes purchases at the expense of the federal budget;
• c) no, I don’t have to;
• d) no, he is not obliged if he makes purchases at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.
• 3. Determine the correct statement:
  • a) the contract manager is not an employee of the customer and performs duties in accordance with the terms of the civil contract;
  • b) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the civil contract;
  • c) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment contract and civil law contract;
  • d) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment or civil law contract.
• 4. The contract manager is responsible:
  • a) for carrying out a purchase or several purchases;
  • b) for the implementation of each purchase and execution of each contract;
  • c) for the implementation of a purchase or several purchases and the execution of each contract;
  • d) for the implementation of each purchase and the execution of each contract, for which the contract service is not responsible.
• 6. The customer, in accordance with the Contract System Law, cannot engage contract service employees and the contract manager:
  • a) as an expert during the examination of the design documentation;
  • b) as an expert when accepting the results of the contract;
  • c) as a member of the customer’s unified commission;
  • d) all answers are incorrect.
• 7. When centralizing procurement in accordance with the Law on the Contract System, the contract service, contract manager:
  • a) exercise powers, including monitoring the execution of powers delegated to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
  • b) exercise powers not delegated to the relevant authorized body, authorized institution, which exercise the powers to identify suppliers (contractors, performers);
  • c) exercise powers, including monitoring the execution of powers delegated to the relevant authorized body, authorized institution, which exercise powers to identify suppliers (contractors, performers) only within the framework of the development and placement of procurement documentation;
  • d) there is no correct answer.
• 8. When centralizing procurement, the contract service and contract manager are responsible for:
  • a) only within the limits of the powers exercised by them;
  • b) within the limits of the powers they exercise and the powers transferred to the authorized body, authorized institution, since they control their execution;
  • c) only within the limits of their powers, if they are expressly specified in the employment contract;
  • d) there is no correct answer.
• 9. The customer appoints a contract manager in accordance with the Contract System Law if:
  • a) the total annual volume of purchases of the customer does not exceed 100 million rubles;
  • b) the total annual volume of purchases of the customer does not exceed 100 million rubles. and such customer has not created a contract service;
  • c) the total annual volume of purchases of the customer does not exceed 150 million rubles;
  • d) the total annual volume of purchases of the customer does not exceed 150 million rubles. and such a customer has not created a contract service.
• 10. What qualifications should contract service employees and contract managers have?
• a) higher economic or legal education, work experience in the field of procurement for at least two years;
• b) higher education in the direction (specialty) “State and municipal management” and additional professional education in the field of procurement;
• c) higher education or additional professional education in the field of procurement, work experience in the field of procurement for at least two years;
• d) there is no correct answer.

• See: Unified Qualification Directory of Positions of Managers, Specialists and Other Employees.
• The contract service operates in accordance with the regulations: a) approved by the federal executive body for the regulation of the contract system in the field of procurement; b) developed and approved by the federal executive body for regulation of the contract system in the field of procurement; c) developed by the customer and approved by the federal executive body for regulating the contract system in the field of procurement; d) developed and approved by the customer.

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:

(see text in the previous edition)

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 the 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 exercise 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. Contract service employees and contract managers must have higher education or additional professional education in the field of procurement.