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

Creation of a contract service under 44 Federal Laws

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

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

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

Composition of the contract service under 44 Federal Laws

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

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

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

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

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

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

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

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

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

Requirements for contract service

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

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

On January 1, 2014, the Federal Contract Service began functioning in Russia. Law No. 44-FZ defines the mechanism for creating the FCC. One of the areas of reforming the public procurement system is personnel changes: the introduction of a contract service for the customer, contract managers, and procurement commissions.

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 Model provision(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. New system public procurement was created in 1997 by presidential decree Russian Federation Boris Yeltsin “On the organization of the procurement of goods, works and services for state needs.” However, the requirements for professional knowledge the state customer and members of the procurement commissions were not identified 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

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 current activities 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 implementation by the state or municipal customer or budgetary institution procurement of goods, works, services 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 create something special for him structural subdivision or not to create. Since the creation of a special structural unit is not mandatory, the contract service can be created without changes organizational structure customer.

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

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 2016 must 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).

By 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 for additional professional programs» it has been established that the minimum permissible period completion of advanced training programs cannot be less than 16 hours, and the period of completion of professional retraining programs cannot be less than 250 hours.

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

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

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

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

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

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

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

Qualification requirements for members of the procurement commission:

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

Functional responsibilities of the contract service (contract manager)

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

Customer contract service

Head of contract service

Contract workers

Requirements: higher professional education or completion vocational training or advanced training programs for additional professional education in the field of procurement before January 1, 2016, special knowledge and skills in the field of procurement. In accordance with Part 23 of Article 112 of the Law, until January 1, 2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.

Contract Manager

An official from among the customer's contract service employees appointed by the customer to this position, if the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service. Requirements: higher professional education or completion of professional training or advanced training under additional professional education programs in the field of procurement before January 1, 2016, special knowledge and skills in the field of procurement. In accordance with Part 23 of Article 112 of the Law, until January 1, 2016, a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.

Procurement commissions

Requirements: professional retraining or advanced training in the field of procurement, special knowledge related to the procurement object. The customer may include in the commission persons who have special knowledge related to the procurement object, that is, who do not have higher education or additional professional education specifically in the field of procurement. M minimum 50% of the commission members must be

trained in working rules according to law 44-FZ. The customer was obliged to train them all back in 2013.

Functions and powers of the contract service according to law 44-FZ

• prepares the Procurement Plan and Schedule;
• places procurement documentation in the Unified Information System;
• concludes a contract;
• accepts the results of the contract;
• conducts claims work;
• exercises other powers provided for by law.

Responsibility

The personal responsibility of the manager and other contract service employees for the performance of their functions and powers is established. Contract service employees guilty of violating the legislation of the Russian Federation bear disciplinary, civil, administrative, and criminal liability.

Summarizing the above, we can draw the following conclusions:

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 approved in the Standard Regulations (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)

Contract service under 44-FZ: rights, obligations and work procedure

The topic of this article reveals the meaning of the contact service, the need to appoint a contract manager and a customer commission, provided for by the innovations of 44-FZ.

Procedure for creating a contract service

Article No. 9 of Federal Law No. 44 regulates the creation of a contract service, implies the appointment of a manager, and this is the responsibility of the municipal or state customer. This approach allows us to emphasize the high professional skills of the customer and ensures the quality of procurement, tenders and services for the supply of goods.

Such a service is necessarily created in cases where the total volume of purchases per year, according to the schedule, is more than one hundred million rubles. There is no mandatory requirement to create a special unit in the structure of the organization; you can form a commission from employees of various departments and services.

Possible forms of organizing the customer's contract service:

• a separate full-fledged structural unit in the form of a department or department;
• part of another already existing division, for example, contract service or legal department;
• in the form of a commission, which consists of employees of various departments and divisions, which is approved by the customer and fully performs the duties and functional tasks of the contract service.

The contract service of the customer always functions and works in accordance with the Regulations or regulations on contract service, which in turn are developed according to the Model Regulations approved by the Ministry economic development RF.

Must be remembered what if there is a combination job responsibilities employees of the organization regarding their presence in the commission for maintaining contractual obligations, then it is worth adjusting the employee’s employment contract, as well as changing their job descriptions and regulations for carrying out activities, taking into account their stay in the contract service.

In situations where the customer’s volume of purchases during the year does not exceed one hundred million rubles, the creation of a contract service is not required, but there is a need to appoint a contract manager, which is regulated by Article 38 Part 2 of 44-FZ.

Functions and tasks of the contract service

Functional tasks of both the contract service as a whole and the individual manager in quality and effective implementation all procurement procedures, from planning and tendering to the fulfillment of all obligations and clauses of the contract, including payment for work performed.

At the first stage, in which schedules are developed, the management service or contract manager puts all the necessary information in the Unified Information System, makes changes if necessary, answers questions and clarifies unclear points.

In addition to this responsibility, the contract service also justifies the purchase itself, its price when concluding a contract with one sole supplier.

When identifying specific suppliers of goods or services, the contract service is assigned the following functions:

• Making a choice on how exactly to organize the purchase, clarifying the NMC, as well as the method of submitting the application.
• Drawing up various types of documentation, including projects and contract templates, minutes of meetings, notices of changes.
• Fully organizes and technically ensures competent and high-quality work of the commission when determining the winner of the procurement.
• If possible, ensure the provision of certain benefits for performers and small businesses, people with disabilities, social non-profit enterprises, as well as for bodies of the penal system.
• Clear and clear explanations of points and provisions in the documentation attached to the subject of procurement.
• Maintaining complete safety of documentation related to the bidding and the work of the commission, including envelopes and audio recordings.
• Carrying out approvals with the supplier, who is the only one involved in the bidding.
• Carrying out the signing of contract documents with procurement winners, as well as timely inclusion of unscrupulous suppliers in the RNP.

In the event that contractual obligations have been fully fulfilled, as well as if the contract has been terminated or amended, the contract service accepts work or services and makes payments Money, and also, if necessary, organizes an examination of the work. At the same time, the contract service carries out close interaction with the supplier; in case of improper fulfillment of contractual obligations, it enters it into the RNP, and when the contract is executed, it places a corresponding report in the Unified Information System.

The responsibilities of the contract service also include organizing consultation issues with the supplier, mandatory hearing and public discussion of the subject of the tender, checking the reliability and quality of bank guarantees and informing about decisions on them; at the end of the procedure, returns the collateral and makes payment of money under the guarantees.

For the competent and high-quality organization of procedural processes when determining service providers, the customer creates a commission, which is collegial in nature and carries out certain fictions when bidding is carried out on a competitive basis. If there is only one service provider, then the creation of a commission is not required, which is stipulated by Part 1 of Article 39 of 44-FZ.

The creation of a commission can be for a separate purchase or bidding during a certain period, as well as to determine the winners using one of the methods. The law provides for a minimum number of commission members, but does not specify a maximum number. For holding competitions, electronic auctions or in the case of creating a single commission for any tender, the composition must be at least five people, in all other cases there must be at least three people.

When creating a commission, its composition should include those persons who, to a greater extent, have the necessary qualifications and skills, as well as those who have undergone the necessary training in obtaining knowledge in the field of procurement procedures.

If the schedule reflects purchases that do not have specific specifics and do not require the inclusion of highly specialized specialists in the commission, then it is recommended to create a single commission for all tenders, without taking into account the method and method for determining the winner, as well as procurement objects.

Providing the system of procurement procedures with qualified personnel

Only when the customer can confidently decide on the possibility of creating a contract service, it is necessary to proceed to the execution of procurement procedures. If the customer does not have qualified personnel, then it is worth considering hiring specialized companies for this function.

One of the important tasks of the customer is a clear and competent distribution of functional responsibilities between individual members of the contract service, and in case of insufficient qualifications of some employees, organize their improvement and a training program in the field of procurement.

Contract service under 44 Federal Law on public procurement

The Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” N 44 FZ was adopted in 2013. Despite the fact that the law turns 5 years old this year, it continues to remain one of the most relevant and in demand. On our website you can find a whole section dedicated to both the Federal Law 44 as a whole and its individual provisions. In total, the law contains 114 articles, so there is a lot of information to study.

The procedure for creating a contract service under 44 Federal Laws

First, you need to understand the concept of contract service under Federal Law 44. Contract service is a group of specialists that is responsible for the implementation of the entire cycle of government procurement. The procedure for its creation is prescribed in Article 38 of Chapter 3 on procurement of Federal Law 44.

If during the year the volume of government procurement according to the schedule amounted to more than 100 million rubles, the customer is obliged to create a contract service. The law does not oblige it to be identified as a separate structural unit of the organization (Part 1, Article 38 of Federal Law 44).

If the final annual volume of government procurement does not exceed the specified amount, the customer has the right to independently decide whether to create a contract service or appoint an official responsible for procurement and execution of the contract, i.e. contract manager(Part 2 of Article 38 of Federal Law 44) .

Requirements for contract service according to law

The contract manager and absolutely all contract service employees, regardless of the functions they perform, must have a higher education. To obtain access to government procurement, an employee who does not have a higher education must obtain additional specialized education(Part 6 of Article 38 of Federal Law 44). We are talking about special advanced training courses.

To the number operating principles contract service include:

• Attracting highly qualified personnel with special knowledge and experience in the field of public procurement;
• Free access to information about actions taken and results achieved;
• Signing contracts on favorable terms that ensure efficiency;
• Compliance with laws;
• Personal responsibility.

In its activities, the contract service is obliged to be guided by the legal and regulatory legislation of Russia: the Constitution of the Russian Federation, directly the law 44-FZ, civil and budget legislation, other acts (government resolutions, ministry orders, etc.) and the regulations of the customer itself.

As already mentioned, one official - a contract manager - can service the procurement of a supplier whose final annual volume of government procurement does not exceed one hundred million rubles.

If the amount attributable to government procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer himself, however the minimum composition is limited to two employees. This condition is dictated by the standard provision.

The contract service can be created as a special department, or by approving a permanent staff of employees performing the relevant functions. Regardless of the method of forming a contract service, it must be headed by a manager who determines the official duties and personal responsibility of each of his subordinates.

The regulations establishing the rules for organizing the activities of the customer's contract service when planning and conducting procurement of goods, works and services should be based on the standard regulations developed by the Ministry of Economic Development of Russia - a federal body executive power regulating the contract system in the field of procurement (Part 3 of Article 38 of Federal Law 44) .

This document largely duplicates the essence and content of Article 38 of Federal Law No. 44. IN regulations of the service additionally contains the following information:

• General provisions: goals and conditions of creation, the legislative framework, operating principles, structure, number and responsibilities of employees;
• Authority when performing duties and functions;
• Responsibility service workers.

We offer download standard contract service regulations(Order of the Ministry of Economic Development dated October 29, 2013) to familiarize yourself with the provisions on the functions and powers of employees.

Responsibilities of the contract service

According to Part 4 of Art. 38, list of powers of the contract service(also manager) includes:

• Development of a procurement plan (including a schedule), preparation of changes to be made further to the plan, publication of the plan in unified information system(abbreviated EIS) - i.e. on the official website of government procurement;
• Preparation and publication in the Unified Information System of notices of procurement, procurement documentation, draft contracts, preparation and sending of invitations to potential participants in a closed competition;
• Ensuring procurement and conclusion of contracts;
• Participation in the consideration of applications to appeal the results of the procedure for identifying suppliers (performers, contractors), preparation of materials necessary for the organization’s legal service to carry out claims work (includes analysis of the situation, development of a position, preparation of the necessary claims and lawsuits, etc.);
• Organizing consultations with suppliers (if such a need arises at the planning stage), participating in such consultations to discuss technologies and solutions that will be used by the contractor;
• Other powers (described in detail in Part 11 of the model regulations).

In addition to those specified in Article 38 of Federal Law 44, the regulations prescribe the following responsibilities of service employees:

• Justification of public procurement and initial contract price;
• Mandatory public discussion;
• Ensuring the activities of the procurement commission;
• Involvement of experts, expert organizations (more details in Article 94 Federal Law 44 on our website);
• Review of bank guarantees and organization of payment of funds under the guarantee (read more about Article 45 Federal Law 44 on our website);
• Receipt (acceptance) and payment for delivered goods, completed work, services provided and individual stages of contract implementation, assistance in creating an acceptance committee;
• Interaction with the supplier to make changes or terminate the contract;
• Including information about an unscrupulous supplier in the register;
• Sending claims to the supplier for payment of penalties.

The powers of service employees in the performance of their duties official duties discussed in section II of the model provision.

The law provides for the possibility of centralizing procurement by creating a special body or institution whose task is to identify suppliers for the customer (Part 1 of Article 26 of Federal Law 44). However, all other powers exercised during the procurement process, such as justification of purchases, determination of conditions (including prices) and signing of a contract, etc., must be exercised by the customer and his contract service. The latter bears responsibility exclusively within the framework of its own powers (Part 5 of Article 38 of Federal Law 44).

Download Federal Law 44 with the latest changes

A large government customer needs to have a team of specialists accompanying the contract at all stages. The creation of a contract service makes the public procurement process efficient and reliable.

We are offering to you download Federal Law dated 04/05/2013 N 44 Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” in the latest edition.

One of the requirements of Federal Law No. 44-FZ “On the Contract System” is the creation of a contract service or the appointment of a contract manager. What the contract service does and why the customer needs the commission is described in our article.

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

1. If the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for carrying out a purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).
2. The contract service operates in accordance with with the regulations (regulations), developed and approved based on standard provisions (regulations), approved by the federal executive body for regulation contract system in the field of procurement.

1. Contract service, contract manager carry out the following functions and powers:

Clause 1 of Part 4 of Article 38 comes into force on January 1, 2015 (Article 114 of this document).

1) are developing procurement plan, prepare changes for inclusion in the procurement plan, place the procurement plan and the changes made to it in the Unified Information System;

Clause 2 of Part 4 of Article 38 comes into force on January 1, 2015 (Article 114 of this document).

2) develop a schedule, prepare changes for inclusion in the schedule, place the schedule and the changes made to it in the Unified Information System;

3) carry out the preparation and placement of notices in the Unified Information System on the implementation of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the identification of suppliers (contractors, performers) by closed means;

4) ensure procurement, including the conclusion of contracts;

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

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

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

1. 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 powers to determine suppliers(contractors, performers). In this case, the contract service and the contract manager bear responsibility within the limits of the powers they exercise.

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

Article 39. Procurement commission

1. To identify suppliers(contractors, performers), with the exception of purchasing from a single supplier (contractor, performer), the customer creates commission on procurement (hereinafter in this article - commission).
2. The decision to create a commission is made by the customer before the start of the procurement. In this case, it is determined the composition of the commission and the procedure for its work, the chairman of the commission is appointed.

1. Customer can be created competitive, auction, quotation commissions, commissions for reviewing applications for participation in requests for proposals and final proposals and unified commissions that carry out procurement functions through tenders, auctions, requests for quotations, requests for proposals. Number of members of the competitive, auction or single commissionthere must be at least five people, number of members of the quotation commission, commission for reviewing applications for participation in the request for proposals and final proposals there must be at least three people .
2. When holding tenders for concluding contracts to create works of literature or art, performance (as a result of intellectual activity), to finance the distribution or screening of national films as part of competition commissions persons must be included creative professions in the relevant field of literature or art. Number of such persons should be the total number of members of the competition commission.

1. The customer includes composition of the commission mainly people who have passed professional retraining or advanced training in the field of procurement , as well as persons with special knowledge related to the procurement object.
2. Members of the commissioncan not be individuals who were attracted to as experts to conduct expert assessment competition documentation, applications for participation in the competition, carried out during the prequalification selection, assessment of the compliance of competition participants with additional requirements, or individuals, personally interested in the results x determination of suppliers (contractors, performers), including individuals who submitted applications to participate in such determination or who are on the staff of organizations that submitted these applications, or individuals who are able to be influenced by procurement participants (including individuals who are participants (shareholders) of these organizations, members of their management bodies, creditors of these procurement participants), or individuals married to the head of the procurement participant, or who are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters), adoptive parents of a manager or adopted by the head of a procurement participant, as well as officials of the control body in the field of procurement directly exercising control in the field of procurement. If the specified persons are identified in the commission, 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 identifying suppliers (contractors, performers) and who are not able to be influenced by procurement participants, as well as individuals persons who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement.
3. Replacing a commission member permitted only by decision of the customer who accepted decision to create a commission.

1. The commission is authorized to exercise its functions if at a commission meeting present no less than fifty percent the total number of its members. The members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the commission meeting. Decision-making by members of the commission through absentee voting, and delegation their powers to other persons not allowed .
2. The decision of the commission, taken in violation of the requirements of this Federal Law, may be appealed by any procurement participant in the manner established by this Federal Law, and is declared invalid by a decision of the control body in the field of procurement.

Article 40. Specialized organization

1. The customer has the right to attract on the basis of a contract a specialized organization to perform individual functions as determined by the supplier(contractor, performer) through a competition or auction , including for the development of tender documentation, documentation about the auction, placement in the Unified Information System of a notice of holding open competition, a competition with limited participation, a two-stage competition or auction, sending invitations to take part in a closed competition, a closed competition with limited participation, a closed two-stage competition or a closed auction, performing other functions related to ensuring the identification of a supplier (contractor, performer). At the same time, the creation of a procurement commission, determination of the initial (maximum) price of the contract, the subject and essential terms of the contract, approval of the draft contract, tender documentation, auction documentation and signing of the contract are carried out by the customer.

1. The choice of a specialized organization is carried out by the customer in accordance with this Federal Law.
2. The specialized organization carries out the functions specified in Part 1 of this article on behalf of the customer. At the same time, rights and obligations as a result of the implementation of such functions arise with the customer.
3. The customer is jointly and severally liable for damage damage caused to an individual or legal entity as a result of illegal actions (inaction) of a specialized organization committed within the powers delegated to it by the customer on the basis of a contract and related to the determination of the supplier (contractor, performer), when it exercises the functions specified in Part 1 of this article from customer's name.
4. A specialized organization cannot be a participant in a procurement within the framework of which this organization performs the functions specified in Part 1 of this article.

Article 41. Experts, expert organizations

1. Customers attract experts, expert organizations in cases provided for by this Federal Law.

1. To conduct an examination in cases provided for by this Federal Law, cannot be allowed:

1) individuals:

a) being either within less than two years preceding the date of examination, which were officials or employees of the customer, carrying out the examination, or the supplier (contractor, performer);

b) having property interests in concluding a contract, in respect of which the examination is being carried out;

V) who are close relatives(relatives in a direct ascending and descending line (parents and children, grandparents and grandchildren), full and half (having a common father or mother) brothers and sisters), adoptive parents or adopted children with the head of the customer, members of the procurement commission, head of the contract service, contract manager, officials or employees of the supplier (contractor, performer) or married to them;

2) legal entities in which the customer or supplier(contractor, performer) has the right to dispose more than twenty percent of the total votes attributable to voting shares, or more than twenty percent of deposits, shares constituting the authorized or share capital legal entities;

3) individuals or legal entities if the customer or supplier (contractor, performer) straight and(or) indirectly(via a third party) may influence the result of the examination carried out by such person or persons.

1. Expert, expert organization are required to notify the customer and supplier in writing(contractor, performer) about the admissibility of your participation in conducting an examination (including the absence of grounds for inadmissibility to conduct an examination in accordance with Part 2 of this article).
2. If identified among the experts, expert organizations of persons specified in part 2 of this article, the customer must take immediate measures, aimed at attracting another expert, another expert organization to carry out the examination.
3. Additional requirements for experts, expert organizations involved in conducting an examination of the delivered goods, work performed, services provided under the state defense order, as well as the specifics of conducting such an examination, may be established by Federal Law of December 29, 2012 N 275-FZ “On State Defense Orders” "
4. To conduct an examination in cases provided for by this Federal Law, experts, expert organizationshave the right to request from the customer, supplier (contractor, performer) Additional materials, related to the subject of the examination.
5. Behind providing false results examinations, expert opinion or knowingly false expert opinion, for failure by an expert, expert organization to comply with the requirements of Part 3 of this article expert, expert organization, officials of an expert organization bear responsibility in accordance with the legislation of the Russian Federation.
6. When, if the examination requires research, testing, performance of work, provision of services and in relation to the persons performing them, in accordance with the legislation of the Russian Federation, mandatory requirements are established (mandatory accreditation, licensing, membership in self-regulatory organizations), selection of experts, expert organizations to conduct such examination must be carried out from among persons who meet the specified requirements.

Contract manager under 44-FZ: functions, duties, responsibilities, professional standards + sample job description

Hello, dear colleague! As you know, to carry out procurement within the framework of the contract system (44-FZ), the Customer must appoint a contract manager or create a contract service. The decision to choose between creating a contract service or appointing a contract manager depends on the size of the Customer's total annual procurement volume. In this article we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and responsibilities he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy as a contract manager. ( Note: This article was updated on January 3, 2018).

1. Who is a contract manager?

Contract Manager- the official responsible for the implementation of a purchase or several purchases, including the execution of each contract.

The contract manager is appointed in the event that the total annual volume of purchases (abbreviated as AGPO) of the Customer does not exceed 100 million rubles and the Customer does not have a contract service (Part 2 of Article 38 of 44-FZ).

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

You can purchase the contract manager's book here.

2. Contract service or contract manager?

Customers whose total annual purchase volume >100 million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory). If the total annual volume of purchases of the Customer

Important point! According to Part 3 of Article 38 of 44-FZ, 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. Article 38 44-FZ does not provide responsibilities of the Customer to develop and approve regulations for the contract manager.

4. Contract manager job requirements

According to Part 6 of Article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager 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 (i.e. . training according to 94-FZ).

5. Contract manager according to 44-FZ: job description

The Customer has 3 possible options appointment of a contract manager:

Option #1- Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar responsibilities and powers;

Option No. 2- Transfer a full-time employee to the position of contract manager (or similar position) with the conclusion of an agreement to change the terms of the employment contract;

Option #3- Agree with the full-time employee on the possibility of combining positions according to the rules of Article 60.2 of the Labor Code of the Russian Federation (in this case, in accordance with Article 151 of the Labor Code of the Russian Federation, the employee is paid additionally, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning CG should be as follows:

• introduction new position V staffing table organizations;

• development of job description for CU ( Note: Usually, job description consists of several sections - general provisions, job duties, rights and responsibilities);

• issuance of an order appointing an official responsible for procurement (i.e. contract manager).

Job description of a contract manager (download sample) (doc, 41 Kb).

Order on the appointment of a contract manager (download sample) (doc, 32 Kb).

6. Responsibility of the contract manager under 44-FZ: fines

According to Part 5 of Article 38 of 44-FZ, the contract manager bears responsibility within the limits of the powers he exercises. The job description of the CU must necessarily specify job responsibilities and responsibility for their failure to fulfill them.

The contract manager is responsible under labor legislation (Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of job duties provided for in the job description and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of its activities. Contract managers who have committed administrative offenses under Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

You can learn more about the liability of officials and legal entities for violation of 44-FZ, as well as the amount of fines for these violations here.

Also, Part 2 of Article 12 of 44-FZ establishes that Customers’ officials bear personal responsibility for compliance with the requirements, established by law Russian Federation on the contract system in the field of procurement.

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

7. Contract manager: training and professional standards

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

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

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

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” establishes that the minimum acceptable period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs is less than 250 hours .

Professional training of contract managers is carried out in a specialized educational institution (higher and secondary specialized). Training can take place both full-time and part-time. Advanced training courses can be taken there. As a rule, such programs include both theoretical and practical classes.

Currently becoming very popular distance courses advanced training. IN modern conditions, when an employee does not have the opportunity to take time away from work, distance courses are the most optimal solution. A person will need to have free time, a computer and Internet access.

From July 1, 2016, the provisions of Article 195.3 apply Labor Code RF on the procedure for employers to apply professional standards. Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n approved the professional standard “Procurement Specialist”. And by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n, the professional standard was approved “Procurement Expert”.

In addition, a connection has been established between these standards and the CEN (Unified qualification directory positions of managers, specialists and other employees) and OKPDTR ( All-Russian classifier professions of workers, positions of employees and tariff categories).

Professional standard “Procurement Specialist” (qualification level from 5 to 5) developed for a group of positions:

• Procurement Specialist;
• Leading Specialist;
• Contract service employee;
• Contract Manager;
• Procurement Consultant;
• Deputy Head of Division;
• Head of department;
• Head of contract service;
• Advisor;
• Supervisor.

Professional standard “Procurement Expert” (qualification level from 6 to 6) developed for a group of positions:

• Procurement Consultant;
• Senior Procurement Specialist;
• Procurement expert;
• Deputy head/director (of department, department, organization);
• Head/director (of department, department, organization);
• Contract Manager;
• Head of contract service.

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

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

A expert must have:

• Higher education - specialty, master's degree;
• Additional professional education - advanced training programs / or professional retraining programs in the field of procurement.

For the second group of positions (i.e. “Expert in procurement”), it is mandatory not only to have appropriate education, but also work experience - at least 5 years in the field of procurement, including in management positions at least 3 years .

8. Search for a contract manager vacancy

I am often asked: “Where can I find a vacancy for a contract manager?” In fact, finding a job as a contract manager is easy. To get started, I recommend that you take a look at the most popular online job search sites.

This is a group of customer officials who work in the field of government procurement and perform permanent basis functions for the implementation of all government procurement (Parts 1 and 4 of Article 38 of Law No. 44-FZ). Such a service must have a director.

A contract service is created if the total annual volume of orders, in accordance with the schedule, exceeds 100 million rubles (Part 1 of Article 38 of 44-FZ). Customers with a small annual volume of government procurement are not required to create an entire service. If it is absent and the total annual volume of orders does not exceed 100 million rubles, it is necessary to appoint only one specialist to manage public procurement.

What does a contract manager do?

One service employee may be assigned only part of the procurement responsibilities, such as planning. And the responsibilities of a contract manager under 44-FZ cannot be distributed among several specialists depending on the stage of the procurement; all of them are performed by one specialist from the beginning of planning the order until the execution of the contract under it.

The functions of purchasers can only be assigned to employees who have an employment or official relationship with the customer, and also have professional education in this field.

Documents that regulate activities

In their activities, contract managers are guided by the Constitution of the Russian Federation, civil and budget legislation, regulatory legal acts, regulations (regulations) on the contract service of the customer-employer. The general requirements are determined by Law No. 44-FZ and the Model Regulations (regulations), which were approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

The form for making a decision on the creation of a service is not established by Law No. 44-FZ. In practice, it is formalized by order of the management of the customer organization. Also, the customer’s manager is obliged to develop and approve his own regulations (regulations) based on the Model Regulations.

The legislation does not oblige the approval of any documents that will regulate the activities of the procurement manager. There are no recommended forms for use yet. For example, a standard job description for a contract manager of a budget institution has not been developed.

When hiring an employee who will be assigned the responsibilities of a manager on an ongoing basis, or when assigning such duties to an employee who has not previously performed them, the customer must define the functions and powers of the employee in the employment contract, job description or regulations.

Sample regulations on the creation of a contract service

Sample order for the appointment of a manager

Job responsibilities

Both the service and the contract manager for public procurement organize the entire cycle of public procurement: from planning to the fulfillment of all obligations under the contract, including payment for goods, services rendered, and work performed.

Let's look at the main job responsibilities that are established by the law on the federal contract system (part 4 of article 38 44-FZ) and Model Regulation No. 631 (clauses 11, 13).

When planning procurement, responsible contract specialists of the customer:

• develop planning documentation (procurement plan and schedule), and prepare changes to them (if necessary);
• place the procurement plan, schedule and changes made in the Unified Information System;
• prepare documentary justification for procurement;
• conduct and take part in consultations with suppliers to further determine the state of the competitive environment in the markets for goods, works, services, select the best technologies and optimal solutions to meet the customer’s needs.

When organizing procurement contract specialists responsible for:

• development and placement of notices, procurement documentation and draft contracts in the Unified Information System;
• generation and distribution of invitations to participate in the selection of suppliers through closed means;
• calculation and justification of the NMCC;
• organization of mandatory public discussion of procurement;
• ensuring the work of the procurement commission;
• involvement of expert organizations and individual experts.

When conducting procurement, persons responsible for procurement:

• directly carry out procurement and further conclusion of contracts;
• study bank guarantees;
• take part in the consideration of cases of appealing the results of procurement procedures.

In the process of concluding and executing contracts, contract specialists of the customer are obliged to:

• ensure the conclusion of the contract;
• organize the acceptance of goods or results of work performed, services provided, including individual stages;
• authorize the examination;
• create an acceptance committee;
• ensure payment to the supplier.

In case of change and termination of the contract, the manager or employees of the contract service:

• contact the performer;
• include information about an unscrupulous supplier in the RNP;
• send demands to the contractor for payment of penalties;
• organize payment under a bank guarantee;
• ensure the collection of all necessary materials for further conduct of claim work.

As you can see, the list is not closed and can be expanded and supplemented based on the needs of the customer. The functions in the preparation and implementation of procurement are listed in more detail in the Standard Regulations.

If a contract manager is appointed in an organization, job responsibilities are assigned to such an employee both in accordance with the position he occupies and in accordance with his appointment to this position.

Example of a job description

Responsibility

The responsibility of the contract manager and contract service employees is specified in Part 1 of Art. 107 No. 44-FZ. All employees involved in the procurement process of the customer organization bear the following types of liability for offenses committed:

• administrative;
• disciplinary;
• civil law;
• criminal.

In the event that regulatory authorities, during inspections or work on a complaint, identify significant violations of the legislation governing public procurement, then in relation to responsible employees can open a case of an administrative offense (clause 1, part 22, article 99 of law No. 44). Such workers will be fined as officials (Articles 7.29-7.32, 7.32.5, Parts 7 and 7.1, Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation).

In this case, the customer can receive:

• submission on eliminating the causes and conditions for the commission of administrative offenses (clause 1, part 22, article 99 44-FZ, article 29.13 of the Code of Administrative Offenses of the Russian Federation);
• an order to eliminate violations, mandatory for execution (clause 2, part 22, article 99).

Persons responsible for procurement bear disciplinary liability in case of violation of the current legislation of the Russian Federation and improper performance of their duties. At the same time, Law No. 44 does not contain direct instructions on the procedure for attracting this group of people to disciplinary action. Therefore, if the need for punishment arises, the customer must be guided by the current labor legislation.

Also, the law on the federal contract service does not specify regulations on bringing procurement service employees to civil liability. The procedure for enforcing the norms of such liability occurs in accordance with general principles.

There is the following rule: if the customer organization compensated third parties for harm caused by unlawful actions by employees of procurement services (Article 1068 of the Civil Code of the Russian Federation), then such a customer has the right to make a return claim against the violators (Clause 1 of Article 1081 of the Civil Code of the Russian Federation).

Criminal liability arises if such an employee commits dangerous and illegal acts, as well as abuses his powers in the field of public procurement (Article 200.4 of the Criminal Code of the Russian Federation).

What has changed since 01/01/2019

The year 2020 did not bring the need to develop a regulation on the contract manager. For the appointment, the decision of the customer is still sufficient: an order or instruction to appoint an employee as a manager with the assignment to him of the functions that are established by the requirements of Part 4 of Art. 38 of Law No. 44-FZ.

From January 1, 2020, the contract manager can no longer be absolutely any person working in the customer organization. Service employees and contract managers must have higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient.

The Federal Law “On Military Duty and Military Service” allows a citizen to enter into a contract with the Ministry of Defense, which provides for military service and the procedure for completing it. This document comes into force immediately after its signing and terminates from the moment the serviceman concludes another similar contract, as well as his exclusion from the lists of the military unit. Relations between the parties related to contract service are regulated by special laws, regulations, as well as regulatory and legislative state legal acts.

Contract: required information

The document includes the following points:

voluntary enrollment in military service;

Indication of the period of service;

Conscientious fulfillment of the terms of the contract, as well as all general, official and special duties;

Respect for the rights of the military man and his family, receipt of compensation and social guarantees.

Some difficulties are caused by the legal nature of the agreement under which contract service is carried out, since participants in military-service relations, which are also of a property nature, for example, the provision of monetary and other types of allowance, are not subject to civil law, including the rules of civil liability. Based on this, we can conclude that in this case, the parties who have entered into such a contract cannot be subject to the same sanctions as in case of violation of a civil contract.

Regarding the leadership of the federal executive body, which provides for military service, the right to independently indicate the specific duties and rights of a military serviceman, determined by the peculiarities of military service in a certain territory.

Differences between a contract and an employment contract

1. The normative basis of the employment contract is the Labor Code, and the contract is subject to the Federal Law “On Military Duty and Military Service,” as well as other legislative and regulatory acts.

2. The conclusion of a contract is limited to ages from 18 to 40 years.

3. The contract is concluded strictly for a certain period.

4. The employment contract provides for more stringent requirements for persons voluntarily entering military service. First of all, a citizen must meet the professional, psychological and medical requirements for certain military specialties; he must have a sufficient level of education, as well as good physical fitness.

From all of the above, we can conclude that a military contract is not part of an employment contract. This is a special agreement that has an administrative and legal basis with a clear indication of the mutual rights and obligations of the participants.

Types of contracts

Upon initial admission, an initial contract is drawn up, which is concluded with a citizen who has not previously been in the state forces on contract service. There is a special provision on contract service, on the basis of which new contracts are concluded with military personnel. The reason for this may be the expiration of the old contract, the transfer of a serviceman from the federal executive body to the Ministry of Defense, as well as a temporary suspension of military service.

In addition, contract service in the army can be regulated by short-term contracts, which are concluded to perform special one-time tasks during periods of emergency, such as large-scale natural disasters, holding special government events, restoring security, peace and constitutional order in the country, as well as much more. Of particular note are the contracts that are concluded with military personnel who have reached the age limit and wish to continue to remain in service. These can be either original contracts or new ones.

If military personnel are undergoing military training educational institutions professional, secondary or higher education, postgraduate or doctoral studies, contract service with them is concluded for the entire duration of study, as well as for 5 years after its completion. Such agreements can be primary or new.

Duration of military contracts

Contract service has its own specific period, during which military personnel must strictly fulfill all the duties specified in the contract. After the expiration of the time specified in the contract, as well as in the absence of grounds for its further extension, the contract soldier must be dismissed and on the same day removed from the lists of personnel of the specified military unit.

For the first time the contract is concluded:

With a serviceman undergoing conscription military service, or with a citizen who enters a military position providing for the rank of sailor, soldier, sergeant or sergeant for a period of 3 years;

With a citizen of another state who enters a military position with the rank of sailor, soldier, sergeant or sergeant for a period of 5 years;

With a serviceman or citizen applying for the position of midshipman, warrant officer or officer for a period of 5 years;

With a serviceman who receives higher military education (for the entire period of training and for 5 years after its completion, while the general regulations for contract service can reach 10 years);

With a citizen who has undergone special training at a higher military center and is entering the position of officer for a period of 3 or 5 years;

The first contract with a serviceman may be concluded for a shorter period, with the condition that the total duration of his stay in the army will be 3 or 5 years.

Conditions of a contract

The main conditions include the following:

1) a citizen is obliged to remain in military service for the period established by the agreement;

2) military personnel must strictly observe the job description of the contract service, which is regulated by legislative and other regulatory documents;

3) a serviceman has the right to benefits, guarantees and compensation, as well as respect for the rights (of himself and his family members);

4) the specifics of military service are carefully prescribed in the contract and include the terms, procedure for assignment and removal military ranks, as well as the movement and promotion of a fighter through the career ladder. Contract service in the army is considered completed on the day the contract expires.

Early termination of the contract

You can terminate a contract early in the following cases:

• significant or systematic violations;
• failure to comply with the terms of the contract;
• organizational and staffing activities;
• transfer to service in the Ministry of Internal Affairs and other executive bodies;
• for health;
• for family reasons;
• the need for constant care for relatives who need it for health reasons;
• care minor child who is being raised without another parent;
• vesting a serviceman with the powers of a senior government official;
• obtaining a deputy mandate;
• accusatory

Requirements for applicants for contract service

A citizen who enters contract military service must speak the state language fluently and also meet certain requirements. Medical examination of applicants is carried out in accordance with the “Regulations on Military Medical Examination”, on the basis of which a conclusion is issued on the suitability of a given citizen for military service. Professional and psychological selection is carried out by specialists who make an opinion on a citizen’s professional suitability for military service. These requirements are established by the heads of federal executive authorities or the Minister of Defense. An order for contract service can be drawn up only after all necessary procedures and measures have been carried out, on the basis of which a positive decision is made on this candidate.

Reasons for refusal to enroll in contract service

There are several main reasons:

It should be noted that any citizen who is refused to sign a contract service agreement has the right to appeal this decision to a higher authority, the prosecutor's office or court.

Application for admission to contract service

The application must provide the following information:

• Full name of the citizen, date of birth and place of residence;
• name of the body with which it is intended to conclude an agreement;
• estimated service life.

In addition to the application, you must present an identification document and proof of citizenship, as well as a completed and signed special application form, an autobiography written in free form, certified copies work book and documents confirming this or that education. In addition, marriage and birth certificates (if available) will be required.

by contract

1. Salary and additional payments for length of service, qualifications, work with classified materials, special conditions services, performance of risk-related tasks, special achievements, qualification level of information and physical training, as well as annual financial assistance in the amount of one salary.

2. Annual compensation for round trip travel for military personnel in the Far North.

3. Food, clothing and housing provision.

4. Personal insurance.

5. Social guarantees in the field of education.

6. Payment of allowance when moving to a new duty station.

7. Social benefits when performing tasks in emergency conditions and during armed conflicts.

8. Payment of a one-time benefit upon dismissal from service.

9. Free diagnostics and treatment.

10. Free dentures.

11. Providing necessary medications.

Contract service 44-FZ

The regulation on the creation of the Federal Contract Service came into force at the beginning of 2014. This law defines the mechanisms for creating such a service. The main directions of system reform public procurement are personnel changes: the creation by the customer of a contract service, the appointment of a contract manager and procurement control commissions. Each contract service employee must have a professional or higher education in the field of procurement, which will allow him to perform his duties efficiently.

Why is contract service necessary? The purpose of this innovation is to responsibly and professionally implement the entire procurement cycle, from planning to obtaining a specific result. The customer himself must take care of the creation of a contract service; he also has the right to approve the structure of this unit and its number.

regulating the activities of the contract service of a budgetary institution

1. Constitution.
2. Federal Law No. 44-FZ.
3. Civil legislation.
4. Budget legislation.
5. Other regulatory legal documents.

Procedure

The full procurement cycle includes:

• planning;
• identification of supplier, contractor and performer;
• conclusion of an agreement;
• fulfillment of the terms of the contract;
• claim work.

The regulations on the contract service propose three models for its organization: with a structural unit, without it, or the appointment of a single one. According to Law No. 44-FZ, a contract service must be created by customers with an annual procurement volume of more than 100 million rubles. If such a unit is not formed, it is the customer's responsibility to appoint a contract manager - an official who will be responsible for the execution of each contract and procurement.

The provision on contract service, a sample of which contains clear step-by-step instructions, makes it possible to achieve maximum efficiency in the performance by the parties of their obligations under a specific contract. This law promotes transparency in trade relations between the customer, intermediary and contractor.

Article 38. Contract service

• checked today
• law of 04/01/2020
• entered into force on 01/01/2014

There are no new articles that have not entered into force.

Compare with the edition of the article dated 06/04/2014 01/01/2014

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

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).

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.

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

• 1) no longer in force on October 1, 2019 - Federal Law of May 1, 2019 N 71-FZ
• 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;
• 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.

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

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

Functions, rights and responsibilities of the contract service (contract manager)

1. Regulatory regulation activities of the contract service (contract manager

In its activities, the contract service must be guided by the following legal norms, 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 of October 29, 2013.

The main functionality of the contract service is enshrined in Part 4 of Article 38 of Law No. 44-FZ. The contract service and contract manager perform the following functions and powers.

The Standard Regulations outline the basic principles for creating a contract service, as well as the procedure for its functioning when planning and conducting 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.

The functions, powers and responsibilities of the contract service (contract manager) will be discussed in more detail in the next section of this work.

2. Functions, powers and responsibilities of the contract service (contract manager). Responsibility

According to Article 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 the 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.

The functions specified in paragraphs 1 and 2 are assigned to contract services and managers from January 1, 2015.

These forecasting and planning functions constitute the initial stage of preparation for procurement procedures. When drawing up procurement plans, in which customers will determine their needs, procurement methods, form and justify the initial price of the contract, it is assumed that the procurement carried out will be correlated with the main goals and objectives of the data activity government agencies and local governments.

According to Article 13 of Law No. 44-FZ, in particular, the list of documents that must be taken into account when planning procurement includes government programs of the Russian Federation, state programs of the constituent entities of the Russian Federation, municipal programs. Thus, it is created one system, in which the purpose of procurement and its role in solving the problems facing the state or municipal body must be clearly visible.

It is advisable to note that Law No. 44-FZ defines a limited list of goods that can be purchased by the customer outside the schedule, and also establishes a closed list of cases in which changes to the schedule are possible.

In the Model Regulations, the functions provided for in paragraphs 1 and 2 of Part 4 of Article 38 of the Law are set out in more detail and developed. It has been established that when planning procurement, the functions of the contract service include:

• - development of a procurement plan. Preparation of changes to be included in the plan,
• - placement of the procurement plan, as well as changes made to it in the Unified Information System,
• - placement of the procurement plan on the Customer’s official website on the Internet. Organizing the publication of the procurement plan in print media,
• - preparation of procurement justification,
• - development of a 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, schedule,
• - determination of the starting price of the contract, as well as the price of the contract concluded with a single supplier.
• 3. Prepare and place in the unified information system notices of procurement, procurement documentation and draft contracts, prepare and send invitations to participate in identifying suppliers (contractors, performers) in closed ways.
• 4. Ensure procurement, including the conclusion of contracts.

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

• - selects a method for identifying suppliers/contractors/executors,
• - 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 the identification of suppliers in a closed manner,

d) documentation about the auction.

• - as part of the justification, clarifies the price of the contract concluded with a single supplier,
• - prepares procurement notices, relevant documentation (not including a description of the purchased item), draft contracts, as well as changes in procurement notices, relevant documentation, invitations to participate in the identification of suppliers / contractors / performers in a closed way,
• - prepares minutes of commission meetings based on its decisions,
• - prepares a description of the procurement object,
• - decides organizational and technical issues for ensuring 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 existence 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 are met,

• - engages, in accordance with the terms of the contract, a specialized organization to perform certain functions as determined by the supplier,
• - 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,
• - purchases in the appropriate volume from small businesses and socially oriented organizations non-profit organizations, in particular, establishes a requirement to involve small businesses and socially oriented non-profit organizations as subcontractors,
• - 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.
• - publishes documentation in the media by decision of the head of the contract service,
• - prepares and sends clarifications of the provisions of procurement documents. Explanations can be made both in writing and in electronic form,
• - ensures 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.
• - 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,
• - provides the opportunity to review information about granting access in real time,
• - organizes audio recording of the process of opening envelopes or opening access to electronic applications,
• - ensures the storage of protocols drawn up during the procurement process, submitted applications for participation, appropriate 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,
• - involves expert groups, expert organizations,
• - coordinates the use of closed methods for identifying suppliers/contractors/performers in accordance with Part 3 of Article 84 of Law No. 44-FZ,
• - sends to the relevant authorities the appropriate documentation for concluding a contract with a single supplier in the event that the procedure for identifying a supplier is recognized as failed,
• - 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,
• - prepares justification for the contract price and other significant points when purchasing from a single supplier,
• - concludes a contract,
• - participants who evade concluding a contract are included in the register of unscrupulous suppliers.

When fulfilling the conditions, changing, or terminating 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 movement financial resources aimed at paying for products supplied, work performed, services rendered.
• - Interaction with the supplier/contractor/performer when making changes, terminating the contract.
• - Sending to the supplier/contractor/performer a demand for payment of penalties, imposed fines, accrued penalties in case 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) with the permission of the supplier/contractor/performer violations of contract terms.
• - 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, compliance established deadlines. In case of violations, information about them is published, as well as about the sanctions applied to the violator. Before commissioning a single information system publication is carried out on the official website zakupki.gov.ru. The exception is information classified as “state secret”.
• - Entering suppliers/contractors/performers who violated the terms of the contract into 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.
• 5. Participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for performing claim work.
• 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 Law No. 44-FZ.

Other powers exercised by the contract service include:

• - 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, subsequent preparation and modification of the schedule and procurement documentation is carried out, 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 the case 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 of contracts for the Customer.
• - Checking bank guarantees received as security under a contract for their compliance with the requirements of current legislation.
• - Communication of 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:

• 1. 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.
• 2. 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.
• 3. The involvement of competent persons, experts, expert organizations in the work is mandatory in cases provided for current legislation of the Russian Federation, in particular by 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.

At the same time, when centralizing procurement, the contract service, contract manager exercise powers not delegated to the relevant authorized body, authorized institution, and bear responsibility within the limits of the powers they exercise. It seems that we are talking not only about administrative responsibility, but also about disciplinary responsibility.

From the specified list of powers it is clear that these specialists will be responsible for the implementation of all procurement procedures in the organization. Thus, the law attempts to create a structure that will manage all matters related to procurement. This measure is largely dictated by existing practice, in which most complaints are the result of improper preparation of notices and documentation, draft contracts and technical assignments. It also provides for personal liability of these specialists for violations committed by them during procurement.

It is fundamentally important that the list of powers of the contract service, the contract manager is not closed, in addition, the law does not prohibit the contract service, its individual employees or the contract manager from performing other duties not directly related to procurement (for example, a lawyer can be both as an employee of the contract service, and to engage in claims work not related to the execution of contracts concluded within the framework of the Law on the Contract System).

At the same time, the very list of powers assigned to the contract service, contract manager, their scope and significance also certainly indicate that their implementation is possible exclusively on a professional basis, by specialists with sufficient qualifications, experience and special knowledge in the field of procurement.

The format of this work does not allow us to consider in detail such issues as the creation of several contract services for one customer and the distribution of powers between them, or the distribution of powers between several contract managers, however, these issues also, of course, have important practical significance and can be implemented in practical activities customers only taking into account the principle of professionalism.

Formation of the organizational structure is the responsibility of the head of the contract service. The range of job responsibilities and personal responsibility of each employee are 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 fulfill the functional responsibilities of the contract service.

According to the Standard Regulations, the functional responsibilities of the contract service include:

• 1. Procurement planning.
• 2. 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.
• 3. Justification for procurement.
• 4. Justification of the maximum (starting) contract price.
• 5. Conducting public discussions on procurement (this item is mandatory).
• 6. Support (both technical and organizational) activities of procurement commissions.
• 7. Involvement of competent specialists, experts, expert groups.
• 8. Preparation for posting of procurement documentation, notices of their implementation, draft contracts.
• 9. Publication of procurement documentation, notices of their implementation, draft contracts in the Unified Information System.
• 10. Preparation and distribution of notices about the selection of a supplier in a closed way, invitations to participate.
• 11. Work with bank guarantees: their consideration, organization of the movement of funds, payment under bank guarantees.
• 12. Conclusion of contracts.
• 13. Resolving organizational issues regarding the acceptance of delivered products, completed work, and rendered services. Monitoring the quality characteristics of products, works, services, in particular conducting examinations in accordance with the Federal Law.
• 14. Ensuring the creation of an acceptance committee. Monitoring the implementation of contract stages.
• 15. Solution financial issues: organization of the movement of funds to pay for products, work performed, services rendered.
• 16. Interaction with the supplier/contractor/performer when preparing and implementing changes to the contract, as well as upon its termination.
• 17. In case of failure to comply with the terms of the contract, organize the entry of the violator into the register of unscrupulous suppliers, as well as disseminate information about the violator in accordance with the regulations.
• 18. When accruing penalties specified in the contract, send a demand for payment of a penalty to the party that violated the terms.
• 19. Preparation of materials for carrying out work on claims, participation in the consideration of them, 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. The regulations are approved by the Customer.

Separately, I would like to highlight the issue of responsibility of the contract service (contract manager).

In paragraph 18 of the Model Provision, the responsibility of contract service employees is formulated in general view as an administrative responsibility. “Any procurement participant, as well as those exercising public control public associations, associations of legal entities in accordance with the legislation of the Russian Federation have the right to appeal to judicial procedure or in the manner established by Federal Law, to the control body in the field of procurement actions (inaction) of officials of the contract service, if such actions (inaction) violate the rights and legitimate interests procurement participant."

Obviously, appealing against the actions of employees as officials is possible if the contract service is a separate organizational unit. If it is formed from attracted employees, appealing the actions of members of the contract service will be questionable from the point of view labor legislation due to the absence of the subject - official. Apparently, in this regard, the rules on personal liability of members of the contract service have been excluded from the final text of the Model Regulations. The responsibility of the involved employees should remain only disciplinary on the basis employment contracts and the Labor Code of the Russian Federation. This approach is dictated by legal theory; practice will show. On the same basis, we can conclude that in the paragraph of the Model Regulations on determining the personal responsibility of employees by the head of the contract service, we are talking about officials of the contract service, formed as a separate structural unit of the customer.