Contract manager under 44-FZ: job responsibilities, sample instructions, order of appointment, criteria for evaluating activities

What is contract service

This is a group of customer officials who work in the field of government procurement and perform on an ongoing basis the functions of carrying out 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.

Job description: main functions of the unit

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

The regulation sets out the main responsibilities of the employees of this unit, and also provides an indication of what measures of responsibility can be applied to such employees.

The main functions of the division include:

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

A sample job description can be viewed at the link.

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

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.

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 are 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 using closed methods;
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 claims 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.

Sample job description for a contract manager

General provisions

1.1. The document regulates the following aspects of the professional activity of a contract manager: job functions and powers, rights, duties and scope of responsibility. 1.2. The hiring and subsequent dismissal of a contract manager is carried out by a commission of the Institution by drawing up an appropriate order. This procedure is regulated by Russian labor legislation. 1.3. The contract manager reports to the director of the enterprise. 1.4. If the contract manager is not in place, his duties are delegated to an employee with the appropriate competence. This person is appointed by the employer's representatives. 1.5. To be appointed to the position, a contract manager must meet the following requirements: higher specialized education or additional professional education in the field of procurement, experience in the field of processing orders for the supply of products and carrying out work for civil services and municipal services for at least five years. 1.6. The contract manager is an official of the service under a contract and a member of the joint commission of the Institution. 1.7. The contract manager must be aware of:

commodity procurement planning strategies;
pricing methods for products;
methods of interaction with product suppliers;
basics of product acceptance;
basic knowledge of electronic computer technology and communications;
the procedure for filling out documents and reports recording the acceptance of products;
Labor Code of the Russian Federation;
working rules developed within the enterprise.

1.8. In the course of his work, the contract manager relies on:

Russian legislation;
regional regulations governing procurement to meet the needs of the state and municipal level;
charter of the institution;
competition law;
Federal Law “On the contract system...”;
this job description;
fundamentals of economics and management.

Job responsibilities

2.1. The scope of duties of the contract manager consists of the following points:

2.1.1. Procurement planning:

developing plans for purchasing products, making possible adjustments to purchasing plans, posting plans in information systems (for general access intended for employees of the organization);
publication of planning on the customer’s website (if any) and in print media;
development of a rationale for the purchase during the process of creating a plan;
drawing up a schedule and making subsequent changes to it with subsequent placement in a unified information system;
organizing approval of plans and schedules for upcoming purchases.

2.1.2. Interaction with suppliers:

identifying methods for selecting suitable suppliers;
registration of notifications about ongoing purchases, accompanying documents and contract projects;
creation of minutes recording commission meetings dedicated to procurement;
conducting consultations with suppliers to diagnose the competitive sphere in the markets of interest;
interaction with suppliers when changing contract terms or terminating a contract, demanding compliance with the terms of the contract;
control over the development of descriptions of purchased products in the relevant documentation;
organizational and technical assistance to the commission in procurement and further verification.

2.1.3. Execution, termination or amendment of a contract:

creating conditions for the successful acceptance of purchased products;
organizing payment for the supplied products and individual stages, if any are specified in the contract;
monitoring the examination of received products with the involvement of experts or expert institutions;
posting in a unified information system about the status of orders, the quality of delivery of goods and the performance of related work to evaluate them;
adding unscrupulous suppliers to the register and disclosing the circumstances under which the contract with them was terminated;
sending reports to a unified information system on the volume of purchases from small entrepreneurs and socially oriented non-profit enterprises.

Rights

3.1. The contract manager is authorized to carry out the following actions:

taking part in the discussion of potential strategies for the procurement of products by employers in accordance with 44-FZ;
organizing the activities of subordinate employees to achieve the goals set by the management of the enterprise;
requesting and receiving information and documents corresponding to the competence of the contract manager from other employees, if this information is necessary to perform tasks;
improving your own qualifications;
making proposals for optimization of work that affects the manager’s job responsibilities for consideration by the head of the structural department;
notifying management about recorded violations and shortcomings (within their own competence) occurring in the course of work;
signing and endorsement of documentation within one’s own competence.

Responsibility

4.1. Disciplinary liability for the contract manager occurs in the following cases:

incorrect performance or refusal to perform professional duties specified in this instruction within the limits of the Labor Code of the Russian Federation;
causing material damage to the company due to unlawful actions on the part of an employee;
violation of Federal Law No. 44 “On the contract system...”;
disclosure of information about the enterprise that has a confidential status;
failure to comply with orders and instructions received from management.

Working conditions

5.1. The contract manager undertakes to obey the customer who appointed the employee to the position and the internal regulations adopted by the enterprise. 5.2. If necessary, the contract manager goes on business trips.

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.

If the regulatory authorities, during inspections or work on a complaint, identify significant violations of the legislation regulating public procurement, then a case of administrative offense may be opened against the responsible employees (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 bringing 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 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.

Employee education requirements

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