Contract service positions. Job description. II. Functions, powers, duties of the contract service

You must create a contract service if your SGOZ exceeds 100 million rubles. ().

The rest of the customers decide on their own whether a contract service is needed or whether it is enough to appoint a contract manager (Z, Letter of the Ministry of Economic Development of Russia dated 03/31/2017 N OG-D28-4077).

How to organize the work of the contract service

First of all, you need to select the form for creating a service - separate structural unit either without the formation of such, then prepare a provision on contract service, which will define its functions. Anchor decisions taken necessary by order.

Define the form to create a contract service

It is not necessary to separate the contract service into a separate structural unit. Depending on your staffing capabilities, volume and intensity of purchases, determine on your own whether it is necessary to separate the contract service into a separate structural unit or it is advisable to endow the existing staff with the functions of the contract service.

Creation of a contract service without the allocation of a separate subdivision- a simple way of organizing: employees perform the functions of a contract service without interrupting their main work. The Ministry of Economic Development also indicates the possibility of combining the functions of an employee of the contract service and other job responsibilities(Letter of the Ministry of Economic Development of Russia dated December 30, 2015 N D28i-3860). Such a service can be headed by the head of the customer or one of his deputies.

Contract service as a separate structural unit, for example, the purchasing department, is attractive in that employees do not have to combine different work functions, which will allow a more even distribution of the workload. In this case, it is necessary to provide for a separate position for the head of the contract service. Such features of the organization of the contract service are established by clause 9 of Model Regulation No. 631.

Prepare a clause on contract service

The contract service must operate in accordance with the main document - a regulation or regulation, determine the name yourself. This is a mandatory document, without it the contract service cannot function. Develop it based on Model Provision No. 631 ().

Regulations on the contract service in the form of a separate procurement department prepare in the same way as for a contract service without having a separate department. Later, you will approve this provision by order, in which you will establish the form of creating a service you need.

Take Model Regulation N 631 as a model, but note that some of its norms do not correspond to the current edition of Law N 44-FZ. For example, the Standard Provision provides for the authority of the contract service to verify the eligibility of procurement participants, while the requirement on the eligibility of participants is excluded from Law No. 44-FZ (subparagraph "a" of clause 8 of article 1 of Federal Law No. 140-FZ of 04.06.2014 , clause 2 ("g") clause 13 of Model Regulation N 631). In this case, be guided by the norms of Law N 44-FZ.

In the regulation on the contractual service, fix the procedure for the service at all stages of procurement, and also establish the conditions for the interaction of the service with the procurement commission, customer departments, and other persons involved in the procedures (for example, a specialized organization or independent experts).

For effective load balancing, establish in a position whether your contracting staff can be members of the procurement committee.

Define functional responsibilities contract service.

When planning purchases contract service :

develops a plan, schedule of purchases and prepares, if necessary, changes in them; See also:
places the plan in the EIS, and the changes made to them;
justifies purchases;

Continuation of the list

organizes and participates in consultations with suppliers in order to determine the state of the competitive environment in the respective markets for goods, works, services, determine the best technologies and other solutions to meet the needs of the customer.

When organizing purchases contract service :

develops and places in the EIS a notice, procurement documentation and a draft contract;
generates and sends invitations to participate in the determination of suppliers in closed ways;
prepares the rationale for the NMCC;
organizes purchases;

Continuation of the list

ensures the activities of the procurement commissions;
attracts experts, expert organizations.

When making purchases contract service:

ensures the implementation of purchases, including the conclusion of contracts;
considers bank guarantees;
participates in the consideration of cases on appeal against the results of the determination of suppliers.

When concluding, executing a contract contract service:

organizes the conclusion of the contract;
organizes the acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;
organizes an examination of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the contract;

Continuation of the list

ensures the creation of an acceptance committee;
organizes payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution.

When changing and terminating the contract contract service:

interacts with the supplier (contractor, performer);
organizes the inclusion in the RNP of information about the supplier (contractor, performer);
sends requests for payment of penalties (fines, penalties);
organizes the payment sums of money on a bank guarantee;
forms materials for claim work.

The specified functions are also set in clauses 11, 13 of Model Regulation N 631.

Issue an order to create a contract service

In order to complete the process of creating a service and approve the provision on contractual service, issue an order. Include in it information about the person you appoint as a manager, and if you are creating a service without separating a department, a list of employees who will be included in it. Also indicate the time period for the preparation by the head of documents defining the job duties and personal responsibility of employees of the contract service in accordance with paragraph 10 of Model Regulation No. 631.

Approve such an order no later than the beginning of the financial year, in which your SGOZ will exceed 100 million rubles. If such an excess occurs as a result of the approval of additional amounts of funding - no later than the date of communicating the corresponding decision. This follows from.

Who should be part of the contract service

Regardless of the form of creating a contract service, it should include a manager and an employee. The quantitative composition of the contract service cannot be less than two employees (clause 7 of Model Regulation No. 631). We recommend that you include at least three in the composition, this will avoid some controversial situations related to decision-making, as well as balance the process of work of the service, taking into account vacations and sick leave. Others mandatory requirements the structure of the contract service is not established by law.

If necessary, you can increase or decrease the number of the contract service depending on the intensity of your purchases.

You can form a competent staff of the service, relying on the specifics of the most frequently purchased goods, works, services - for example, attracting specialized specialists.

Who can be the head of the contract service

When forming a contract service, you need to appoint a leader who will lead this service.

Appoint the head of the customer or one of his deputies as the head of the contract service without the formation of a structural unit. If the contract service is formed as a separate structural unit, then appoint the head of such a unit as the head of the contract service (clause 9 of Model Regulation No. 631).

The head of the contract service must have a higher or additional professional education in procurement ().

Peculiarities legal status set the head of the contract service in the regulation on the contract service, and the job duties, powers and responsibility should be fixed in as much detail as possible in the job description.

Who can be an employee of the contract service

Employees of the contract service are selected from among the employees of the customer. This is indicated by the Ministry of Economic Development of Russia in a Letter dated 11/16/2016 N D28i-2993.

All employees of the contract service must have higher education or additional professional education in the field of procurement ().

In addition to educational requirements, we also recommend taking into account the special requirements of professional standards - “Procurement Expert” and “Procurement Specialist”. Use them in the formation of a contract service for the effective distribution of labor functions.

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

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

(see text in previous edition)

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

4. The contract service, the contract manager shall carry out the following functions and powers:

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

2) develop a schedule, prepare changes to be introduced into the schedule, place the schedule and the changes made to it in a single information system;

3) prepare and place in a unified information system notifications of procurement, procurement documentation and draft contracts, prepare and send invitations to participate in the determination of suppliers (contractors, performers) in closed ways;

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

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

(see text in previous edition)

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

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

5. When centralizing purchases in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager shall exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, an authorized institution that exercises the authority to identify suppliers (contractors, executors). In this case, the contract service, the contract manager are responsible within the scope of their powers.

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

Hello, Inna!

According to Article 38 44-FZ 1. Customers, cumulative annual volume of purchases which according to the schedule exceeds one hundred million rubles create contract services (at the same time, the creation of a special structural unit is not mandatory). 2. In the event that 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 the procurement or several purchases, including the execution of each contract (hereinafter - contract manager).

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

According to Part 28 of Article 112 44-FZ Until March 31, 2014, customers have the right to create contract services in accordance with Article 38 of this Federal Law.

Thus,

1.) Can the head physician of the hospital and the head of the contract service work in the same hospital?

Due to the fact that the contract service is created at the organization (institution) and is not an independent body, the chief physician and the head of the contract service must work in the same hospital.

2.) Can the head of the contract service delegate all his powers to the deputy head of the contract service?

Maybe by issuing the appropriate order.

3.) Is it possible to appoint to the position of the head of the contract service a person who has a certificate of advanced training five years ago, but practically did not engage in this work, except for participation in the commission.

Due to the fact that the law does not clearly stipulate this moment, it is impossible to answer this question unambiguously. Since the procedures regulated by 94-FZ and 44-FZ differ significantly, I assume that they are not. Try to ask this question for reliability in the body authorized to monitor the implementation of 44-FZ.

4.) Is it possible to create a purchasing department (contract service department), the name of which is not in regulatory documents(qualification handbooks, model clauses) Ministry of Labor?

A model provision for contractual service can be viewed at the link above.

I also consider it necessary to remind that the contract service is created in the institution with the total volume of purchases for the year exceeding 100 million rubles. If the volume of purchases does not exceed this indicator, then only a contract manager can work in the institution.

the federal law Russian Federation of April 5, 2013 N 44-FZ "O contract system in the field of procurement of goods, works, services to meet state and municipal needs "prescribes the organization of a special contract service .

It is impossible to carry out purchases without a contract service. Customers with smaller procurement volumes can organize a contract service from several people or be limited to the appointment of one contract manager .

The main manager of budgetary funds can recommend the form of organization of the contract service to the subordinate budgetary institutions.

Let's consider the options for organizing the customer's contract service.

Contract service as a structural unit

A structural unit is a dedicated management body in an approved organizational structure with independent tasks, functions and responsibility for the implementation of the tasks and functions assigned to it. The size of the unit is determined by the staffing table.

To create a unit, you will have to work on the documents:

Changes need to be made to the organizational structure, size and staffing table institutions, issue an order approximately as follows: Create a contract service department at the institution from 01.01.2017. To establish the number of employees of the department for 2017 - 5 positions, including: head of the contract service department - 1 person, ...
To approve contract service provision (about the department of contract service) in accordance with the standard .
Develop job descriptions
Hire the right specialists (conclude employment contracts).

The structural unit may not be indicated in the employment contracts of employees. Labor Code does not oblige to clarify the place of work in the employment contract down to the structural unit. This information can be fixed in the employment contract as additional condition at the request of the parties (part 3 of article 57 of the Labor Code of the Russian Federation). The condition for employment in a particular department should be reflected in the issued on the basis of employment contract the order for employment and be indicated in the employee's work book.

Contract service without the formation of a special structural unit

In this case, not the provision on contractual service will be approved, but regulations - the order of work of procurement specialists, their powers and responsibilities, the procedure for approving documents, i.e. algorithm of work and interaction of all those involved in procurement. A regulation is a description of the entire procurement process, division of functions, sequence of actions, coordination (who contacts whom and for what reason), approval and deadlines for each stage. On the basis of the regulations, job descriptions are prescribed.

In the staffing table, you can enter several positions without creating a special structural unit.

Procurement specialists can also perform other functions and be listed in different divisions - accounting, legal service, departments for which the procurement is carried out - or report directly to the head of the institution.

Contract manager position

There will be a similar workflow (in this order):

Introduction new position, creating a new staffing table or making changes to an existing
Job description(introduced by order of the head)
Labor contract.

If the institution already has experienced procurement staff, the functions of a contract manager may be offered to them. An assignment to an employee to perform work as a contract manager may be carried out:

By combining posts when the employee, along with his main job, stipulated by the employment contract, performs extra work in another profession (position). Article 151 of the Labor Code establishes that the amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract.

By transferring to a new position. In this option, you need to prepare a proposal for transfer to the position of contract manager, then issue a transfer order. Whereas the employee changes labor function and the terms of the employment contract, in additional agreement a new version of the labor contract should be envisaged.

Staffing and professional standards

The staffing table is a document that reflects the structure and staff of the institution. It contains information about all structural divisions, salaries, personal allowances, total headcount and fund wages institutions. The establishment of the structure of the institution, the staffing table, the distribution of job duties are within the competence of the institution itself (for example, for educational institutions this is established by paragraph 9 of Part 2 of Article 32 of the Law of the Russian Federation "On Education"). On the one hand, the head budgetary institution formally there is independence in the choice organizational structure and staffing, on the other hand, this choice is limited by the amount of funds allocated from the budget (payroll), the number of rates in a typical staffing table(departmental staff standards).

On July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for employers to apply professional standards came into force. 2 professional procurement standards have been approved: "Procurement Specialist" and "Expert in the field of procurement"... A connection has been established between these standards with the EKS (Unified qualification reference book of positions of managers, specialists and other employees) and OKPDTR ( All-Russian classifier professions of workers, positions of employees and wage grades).

Qualification characteristics that are contained in professional standards are mandatory for application if the relevant legislation is established. qualification requirements... In the part that is not related to qualifications, professional standards are advisory in nature and can be used to develop job descriptions, conduct certification and when establishing a remuneration system.
The professional standard "Procurement Specialist" (qualification level 5 to 8) was developed for a group of positions:

Procurement Specialist
Leading Specialist
Contract service worker
Contract manager
Procurement Consultant
Deputy Head of Division
Department manager
Advisor
Supervisor

Professional standard "Expert in the field of procurement" (qualification level 6 to 8) - for a group of positions:

Procurement Consultant
Senior Procurement Specialist
Procurement Expert
Deputy head / director (department, department, organization
Head / director (department, department, organization)
Contract manager
Head of Contract Service

Are these job titles include in the staffing table? The answer is given by the Labor Code: yes. If there are restrictions for certain positions, then the name of these positions and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books, professional standards (article 57). The restrictions include, but are not limited to qualification restrictions.
Qualification restrictions are established by Federal Law No. 44-FZ (Article 38, Part 6): employees of the contract service, the contract manager must have a higher education or additional professional education in the field of procurement.
In accordance with professional standards a procurement specialist must have:

Secondary vocational education
Additional professional education - professional development programs and programs professional retraining in the field of procurement;

And the expert:

Higher education - specialty, master's degree
Additional vocational education - professional development programs / or professional retraining programs in the field of procurement.

For this, the second group of positions, it is mandatory not only to have a proper education, but also work experience - at least five years in the field of procurement, including at least three years in managerial positions.

After issuing an order on the introduction of a new position, draw up a job description in which indicate all the duties of the employee in accordance with 44-FZ. As a result, you will be able to accept a new employee for the position or transfer to it an employee who already works in your organization from another position.

Irina Kozlova

The federal law "On conscription and military service" allows a citizen to conclude a contract with the Ministry of Defense, which provides for military service and the procedure for its passage. This document comes into force immediately after its signing and ceases to be valid from the moment the servicemen conclude another similar contract, as well as its exclusion from the lists of the military unit. The relations of the parties related to the passage of contract service are governed by special laws, regulations, as well as regulatory and legislative state legal acts.

Contract: required information

The document includes the following points:

voluntary admission to military service;

Service life indication;

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

Respect for the rights of a serviceman and his family, receiving compensation and social guarantees.

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

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

Differences between contract and employment contract

1. The normative basis of an employment contract is the Labor Code, and the contract is subject to Federal law"On conscription and military service", as well as other legislative and regulatory acts.

2. The conclusion of the contract is limited to the age of 18 to 40 years.

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

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

From all of the above, we can conclude that the military contract is not part of the 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 in 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 the 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, special government events, restoring security, peace and constitutional order in the country, and much more. Of particular note are the contracts that are concluded with servicemen who have reached the age limit and who wish to continue to remain in the ranks. These can be both original contracts and new ones.

If military personnel are trained in the military educational institutions professional, secondary or higher education, postgraduate or doctoral studies, with them contractual service is concluded for the entire period of study, as well as for 5 years after its completion. Such contracts can be primary and new.

Terms of military contracts

Contract service has its own definite period, during which servicemen must clearly fulfill all the obligations prescribed in the contract. After the expiration of the time specified in the contract, and also in the absence of grounds for its further extension, the contractor must be dismissed and on the same day excluded from the lists of the personnel of the specified military unit.

For the first time a contract is concluded:

With a soldier who is undergoing draft military service, or with a citizen who enters a military position that provides for the rank of a sailor, soldier, sergeant or sergeant major for a period of 3 years;

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

With a soldier or citizen applying for the post of warrant officer, warrant officer or officer for a period of 5 years;

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

With a citizen who passed special training in the highest military center and entering the officer position for a period of 3 or 5 years;

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

Conditions of a contract

The basic conditions include the following provisions:

1) a citizen is obliged to be in military service during the period established by the contract;

2) servicemen must strictly follow the job description of contract service, which is regulated by legislative and other normative documents;

3) a soldier has the right to benefits, guarantees and compensation, as well as the observance of the rights (of his own and his family members);

4) the features of military service are carefully prescribed in the contract and include the terms, the procedure for assignment and withdrawal military ranks, as well as moving and advancing a fighter along career ladder... Contractual service in the army is considered completed on the day the contract expires.

Early termination of the contract

You can terminate the contract early in the following cases:

significant or systematic violations;
failure to comply with the terms of the contract;
organizational and staff 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;
caring for a minor child who is being brought up without the other parent;
empowering a serviceman with the powers of a senior state official;
obtaining a deputy mandate;
accusatory

Requirements for applicants for contract service

A citizen who enters contract military service must communicate fluently in the state language, and also meet certain requirements. Medical clearance applicants are 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 psychological selection is carried out by specialists who make an opinion on the professional suitability of a citizen for military service. These requirements are set by the managers federal bodies the executive branch or the minister of defense. An order on contractual service can be drawn up only after all the 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 enter contract service

There are several main reasons:

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

Application for admission to contract service

The application must include the following information:

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

In addition to the application, it is necessary to present an identity document and confirming 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 child birth certificates (if available) will be required.

under the contract

1. Monetary allowance and additional payments for seniority, qualifications, work with classified materials, special conditions of service, performance of tasks related to risk, special achievements, qualification level information and physical training, as well as annual material help in the amount of one salary.

2. Annual compensation travel in both directions for the servicemen of the Far North.

3. Food, clothing and housing provision.

4. Personal insurance.

5. Social guarantees in the field of education.

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

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

8. Payment of a lump sum upon dismissal from service.

9. Carrying out free diagnostics and treatment.

10. Free dental prosthetics.

11. Provision of necessary medicines.

44-FZ contract service

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 reforming the system 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 employee of the contract service must necessarily have a professional or higher education in the field of procurement, which will allow him to perform his duties with high quality.

What is a contract service for? 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

Constitution.
Federal Law No. 44-FZ.
Civil law.
Budget legislation.
Other regulatory legal documents.

Procedure

The full procurement cycle includes:

planning;
determination of the supplier, contractor and executor;
conclusion of a contract;
fulfillment of the terms of the contract;
claim work.

The regulation on the contract service offers three models of its organization: with a structural unit, without it, or the appointment of a single unit. According to Law No. 44-FZ, the 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 responsibility of the customer to appoint a contract manager - official, who will be responsible for the execution of each contract and procurement.

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