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The contract service, created for the purpose of implementing the Federal Law "On the contract system in the field of procurement of goods, works, services to ensure public and municipal needs”, is based on a number of provisions of various regulations governing the scope of procurement relations.
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Regulatory Framework
Yes, the main general issues functioning contract service are administered by the provisions of Article 38 of the said Federal Law No. 44-FZ. In particular, this article talks about the cases in which it should be created, as well as in what areas procurement activities this service must function, including what is included in the list of its basic rights and obligations.
When creating a contract service, it is necessary to approve the regulation on this unit. This is necessary in order to reflect information about the rules and procedures for the functioning of the contract service of a particular customer.
In order to make the provision as much as possible in line with the current legislation in the field of procurement, you can use the Model Regulation on contract service, which was developed and approved by Order of the Ministry of Economic Development No. 631, adopted on October 29, 2013.
In addition, in part of its work, the contract service is directly guided by the provisions of the Federal Law No. 44-FZ “On Contract Service”, as well as the norms of the Civil Code in the part in which they can regulate the procedure for state and municipal procurement.
The concept of contract service according to 44-FZ
A contract service is a subdivision within an organization that is or whose purpose of functioning is to implement various kinds purchases aimed at meeting the needs of such a customer, as well as its full functioning.
In accordance with the provisions of Article 38 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the customer, depending on his level of aggregate, decides to introduce the position of a contract manager (or assign appropriate duties to employees of different departments within their powers) or on the creation of an independent unit, which will be called the contract service or the procurement organization department.
The decision to create a contract service by the customer should be made if the total annual volume of purchases, calculated on the basis, exceeds one hundred million rubles.
In accordance with part 1 of article 38 of the said federal law, today the customer may not create a contract service in the form of a special unit, uniting within the framework of this department employees of various departments who, by virtue of their education or available to him official duties may carry out interrelated activities in terms of conducting various procurement activities.
Creation procedure
A contract service within the framework of a state or municipal customer is created on the basis of a specially issued order. The position of a contract manager is introduced in the same way. However, it should be remembered that for the full-fledged work of the latter, it will be necessary to introduce an appropriate position in staffing, since, otherwise, there will be an overlay additional responsibilities for those employees who perform procurement work.
The current practice in the field of public procurement suggests that at present the amount of work performed in the implementation of procurement activities is very large, which negatively affects the employment in the contract service or the position of part-time contract manager, since in this case there will be a clear violation of the current labor legislation.
Regardless of whether we are talking about the creation of the contract service itself or the introduction of the position of a contract manager, the actions of the state customer should look like this:
- issuance of an order on the introduction of the position of a contract manager or a procurement organization department. At this stage, the customer, based on its total annual volume of purchases, decides whether it is necessary to introduce separate positions or create a special department;
- making changes to the existing staffing table with its justification. As such a rationale, one should consider, first of all, the need to comply with the current legislation in the field of procurement;
- the next step is the issuance of regulations on the procurement department(if we are talking about independent officials, approval of their job descriptions will be required).
Creation Order
This order is the normative act that forms the basis of the work of the created unit. This order can only be signed by the head of the organization, as a new unit is being created.
As part of such an order, you will need to reflect the following information:
- date of creation of the contract service;
- a list of its employees, as well as employees who are part of this unit(since employees can change, their list can be approved as a separate application, which can be changed if necessary). The head of the procurement department is indicated in the body of the order itself as executive which is responsible for primary organization the work of the unit being created, as well as the control over its work, carried out at the first level;
- as part of the annex to the order, the regulation on the unit being created can also be approved, which will list a number of issues reflecting the functioning of this unit (the rights and obligations of employees, the purpose of creation, the range of issues to be resolved). The regulation on the procurement organization department should be developed in accordance with the existing Standard Regulations prepared by the Ministry of Finance of the Russian Federation back in 2013.
In addition, you will also need to indicate when the order comes into force (either a specific date, or an indication of the date of signing).
Number and composition
In accordance with the Model Regulations on contract service, its composition cannot be less than two people. The customer is obliged to determine the specific number on his own based on what his annual volume of purchases is, as well as how much work all employees have to perform.
All contract service employees must be officials of a state or municipal customer with whom they are officially issued.
If this unit includes officials who have expanded the range of their powers and duties, it will be necessary to conclude a special labor contract, which will reflect information on how the expansion of the employee’s duties takes place, as well as what material bonuses he will receive for this laid down.
The contract service consists of:
- from the head. If this unit is not singled out as an independent one, then only the head of the customer organization or one of his deputies can head it. If the procurement organization department is displayed as an independent unit, then the position of the head of such a unit is introduced;
- from his or senior employees. These employees are responsible for coordinating the work of the contract service during the absence of the immediate supervisor. If the head is in place, then these employees are engaged in the performance of their immediate job duties;
- from the staff of the procurement department. They are directly involved in ensuring the interests of the customer during various procurement activities.
Employee education requirements
In accordance with the provisions of Article 38 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", all employees of the procurement organization department or persons who hold the positions of contract managers, even if we are talking about providing such persons with additional job responsibilities, must take either special courses, or have a specialized secondary or higher education according to the profile of the functioning of Federal Law No. 44-FZ. Otherwise, their activities in these positions will be illegal. If the customer has appointed persons who do not have such special education, then he is obliged to implement them vocational training or retraining according to the profile of functioning of the specified normative act with the receipt of an appropriate document on education.
Job description: the main functions of the unit
The job description of the procurement organization department is the Regulation on its work, which reflects all the main nuances necessary for permission by the specified unit. Exactly at this document a list of those issues is formed, the solution of which becomes the main goal of the functioning of such a unit.
Within the framework of the regulation, the main responsibilities of the employees of this unit are fixed, and an indication is given of what can be applied to such employees.
The main functions of the division include:
- determination of those customer needs that should be reflected in the schedule of ongoing purchases;
- drawing up the specified schedule and its depending on changing needs;
- selection of a specific type of procurement activities when carrying out the necessary purchases, as well as verification of the submitted justification of the contract;
- organizing the work of procurement commissions, including the organization technical support their functioning;
- ensuring the safety of all submitted documents until they are opened, and after that - until the signing of the protocols with the results of the procurement;
- procurement organization executed contracts, non-fulfillment of concluded contracts and agreements and the inclusion of such performers in the register of unscrupulous suppliers;
- consultations with potential executors under contracts until such time through the use of special services for processing applications within the framework of the functioning of the Unified Information System and electronic trading platforms;
- verification of the granted execution of contracts in the form of collateral Money (in terms of transferring them to the specified accounts of the customer) and in the form bank guarantees(in terms of the legitimacy of providing such guarantees, including when checking the credit institution that issued such a guarantee).
These 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 execution.
Responsibility of the contract service
Speaking about the responsibility that is assigned to the contract service, it should be understood that we are talking, first of all, about the measures of responsibility that are assigned to those officials who have committed any violations of the current legislation in the field of procurement.
All sanctions that can be applied to officials are divided into three types:
- disciplinary(issued on the basis of the provisions of labor legislation Russian Federation and the collective labor agreement in force in the organization). The decision to impose such sanctions is made by the employer based on the results of special internal audits of its employees on the revealed facts of violations of the legislation in the field of procurement;
- administrative(appointed on the basis of the provisions of the relevant articles of the Code on administrative offenses). Making a decision on the application of such measures of responsibility to officials who have violated the provisions of the current legislation lies only with specially authorized persons;
- criminal, which are appointed only if the state has suffered significant damage. The imposition of sanctions of this type is possible only in relation to individuals if the intentionality of their actions in order to obtain their own benefit has been proven. Only the court can make a decision on what kind of criminal sanctions to apply to persons who have materially violated the law after a thorough study of all the materials submitted to it in a particular case.
At the same time, disciplinary, administrative or criminal measures may be applied. However, in each specific case, the question of the application of certain sanctions is considered separately.
1. Customers whose total annual volume of purchases exceeds one hundred million rubles create contract services (with the creation of a special structural unit is optional).
2. In the event that 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).
3. The contract service acts in accordance with the regulation (regulation) developed and approved on the basis of the standard provision (regulation) approved by federal body executive power for regulation contract system in the area of procurement.
4. The contract service, the contract manager shall perform the following functions and powers:
1) develop a procurement plan, prepare changes to be introduced into the procurement plan, place them in a single information system procurement plan and changes made to it;
2) develop a schedule, prepare changes for making to the schedule, place the schedule and the changes made to it in a single information system;
3) carry out the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, the preparation and sending of invitations to take part in the selection of suppliers (contractors, performers) 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 the determination of suppliers (contractors, performers) and prepare materials for the performance of 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.
5. When centralizing procurement in accordance with Part 1 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, authorized institution that exercise the powers to determine suppliers (contractors, performers). At the same time, the contract service, the contract manager are responsible within the limits of their powers.
6. Employees of the contract service, the contract manager must have higher education or additional professional education in the area of procurement.
The provisions of Article 38 of Law No. 44-FZ are used in the following articles:-
Final provisions
28. Until March 31, 2014, customers have the right to create contract services in accordance with Article 38 of this Federal Law.
The accountant refused to work in the contract service, referred to the loading and failure of us to comply with the standard procedure - we did not warn the employees in advance, did not make changes to employment contracts and job descriptions. Consequently, I, as a manager, had no right to require employees to engage in procurement and answer to supervisors. As a result, in order to comply with all requirements, we had to delay purchases by two months - the period in which it is necessary to warn employees about changes. After an unsuccessful experience, we went through all the stages of official coordination with employees, prepared templates and a scheme for creating a contract service. I will share my experience.
First: two months before the start of the contract service, notify employees who are already employed in the organization about changing the labor function. Second: amend employment contracts and job descriptions, issue an order to transfer to another structural unit, where they fixed the personal duties of contract service employees. Third: to assign responsibilities, publish order and develop , based on . Standard provision necessary responsibilities and rights. For example, write:
The main conclusion from the situation, which I made for myself, is the work of the leader not only in the distribution of tasks, but also in proper planning. It is not enough to decide who performs this or that function, it is important to draw up the decision correctly and in advance. To make it easier for you, I will share templates that helped me too:
— order to create a contract service;
— notice to an employee about a change in job functions;
— change order;
— supplementary agreement to an employment contract;
— Regulations on contract service;
— order on the distribution of duties between employees of the contract service.
The recommendation of the State Order System will also help: How to create a contract service.
It is not enough to transfer a function, it is important to prepare employees for new tasks. To do this, send employees to improve their skills.
Is it possible to create a contract service in each branch?
In 2016, the head of our medical institution decided to open a branch. By that time, the organization already had a contract service as a separate unit. However, for the new branch chief physician proposed to create a separate contract service, which would deal only with the purchases of the branch. It was supposed that it would be easier to keep track of purchases. Since there was no lawyer in the already established contract service, the head of the unit turned to me for advice. As a lawyer, I explained that it is impossible to create several contract services for one customer. Branch - not entity. Branches operate on the basis of the provisions approved by the legal entity that created the branch. That is, the branch is not an independent customer in the sense Law No. 44-FZ. In addition, Law No. 44-FZ and order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 do not provide for the creation of several contract services by one customer.
I'll tell you how we set up the work of one contract service for all branches. Each branch has employees who are part of the contract service and are responsible for purchasing for the branch. In particular, branch employees form needs for next year at the moment when the contract service is preparing procurement plan draft- we have it in August of the current year, prepare technical specifications, enter the acceptance committee, perform other tasks. There is no separate service for each branch. One contract service independently maintains a procurement plan and a schedule, conducts procurement for its own needs and for the needs of branches.
Now we already have three branches and one contract service. I was taken to the contract service as a lawyer. I helped to establish the work of branches and now I am engaged in claims work.
How many people to include in the contract service
From the very beginning of the Law No. 44-FZ, we decided that we were creating a contract service. At the same time, they knew that the contract service should include at least two people, and the customer determines the maximum number of people independently, taking into account the needs and financial capabilities. Since competitive purchases were already carried out then, but only under Law No. 94-FZ, two specialists were taken into the contract service, who at that time were engaged in procurement. In the course of work, Law No. 44-FZ underwent changes, the requirements for contract service employees also changed, and we realized that two people were not enough.Now our contract service consists of four people and a leader. I will share my experience, why we decided to expand to five employees.
When determining the number, they proceeded from the total financial volume of purchases and the number of contracts for the last year. At the same time, we took into account that we will also spend extra-budgetary money in accordance with Law No. 44-FZ. From work experience, it was understood that one person conducts 15 competitive purchases per month. It was calculated that with our volumes, three people were needed only for competitive purchases. For contracts with sole supplier assigned a separate employee. We decided that the head of the contract service should prepare a plan and schedule for procurement, check all technical assignments from employees, control the work of the unit, develop regulations, and engage in organizational work.
From myself I will give advice: when in doubt how many people to take, for example, three or four, stop at a lower number. In the course of work, it will become clear whether employees cope with the functionality. You may have to look for more people or suggest additional functionality those who are already working. In any case, it is easier for an employer to find another person than to fire someone who has already taken. In addition, additional functionality is an additional payment for the employee. Also useful will be materials from the State Order System:
Does every employee need an EDS?
When we created a contract service, we faced a problem: whether to give each employee an EDS or sign all documents digital signature leader. As a result, we decided to make an EDS for each employee of the contract service. With his EDS, the employee signs the documents that he creates in the EIS, as a rule, these are notices and reports. At the same time, we sign the contracts with the EDS of the head and only when the director is at the workplace. I'll tell you what guided.Fines in procurement are high, and each employee is responsible for his specific tasks. In order to avoid disputes about which of the employees violated the law, it was decided that the EDS would serve as evidence of who specifically compiled the wrong document or violated the deadlines. In addition, an employee who signs a document in the EIS is motivated to work responsibly. Therefore, I advise every employee to make an EDS.
When signing a contract, the rule is different. Offer the manager two options: sign the contract on the electronic platform with your enhanced electronic signature or a separate order, or power of attorney empower the head of the contract service to sign contracts on behalf of the customer. If the signature is put by the head of the customer, indicate in the preamble of the document that the contract is signed by the customer in the person of the head acting on the basis of the regulation or charter. In this case, the contract is signed by the EDS of the head. Suppose, by decision of the customer, the head of the contract service was given the right to sign a contract for electronic platforms on behalf of the legal entity. Then, in the preamble of the contract, indicate that the document is signed by the customer, represented by the head of the contract service. Specify the details of the power of attorney. Only if these conditions are met, the contract can be signed with an enhanced electronic signature of the head of the contract service.
Get electronic signature help the first time step-by-step instruction.
Can a lawyer enter the contract service and at the same time engage in work that is not related to 44-FZ
Yes, leader by order has the right to assign the functions of a contract service worker to individual employees such as a lawyer. The contract service of our organization included three employees. However, none of the employees had legal education. When it came to claim work, difficulties arose - a contract service worker could not file a lawsuit or complaint. In-house lawyers refused procedures under Law No. 44-FZ, since the workload in the framework of their main work is high, and work under 44-FZ is not prescribed in the job description.To solve the problem, the manager assigned all claims work to the legal department. The head of the legal department was included in the contract service. Formally, all specialists of the legal department are not part of the contract service, therefore, only the head is responsible for claim work under Law No. 44-FZ. Now the contract service of our organization has problems with legal assistance within the framework of Law No. 44-FZ no.
Suppose we decide to follow our example - to include a lawyer in the contract service and at the same time change or expand labor functions worker. Then, with the consent of the employee, make changes in job description .
Who is responsible for the specification
We have created a contract service without forming a separate division. The service includes employees from different departments, for example, the head of the purchasing department, the head of the supply department, the head information department. An employee of the department develops the terms of reference for his area of activity. For example, an employee of the supply department develops a terms of reference for the supply of stationery, IT specialists - for the supply of computers, etc. I, as the head of the procurement department, check whether the description of the procurement object in the terms of reference meets the requirements of Law No. 44-FZ.
This is how it is with us, and it works: the person who forms the terms of reference is included in the acceptance committee.
Each of the employees of the contract service has its own specialization. How to ensure interchangeability
In our organization, each contract service specialist is busy specific task, for example: one plans, the other places notices in the EIS and accepts applications, the third deals with contracts with the supplier. When one of the employees fell ill or went on vacation, the direction was idle - no one knew how to do the work of another. I had the same problem with members. single commission. It happened that during the meeting more than half of the commission went on vacation. We solved the problem in three steps.
We train contract service employees in all processes and adhere to the principle of interchangeability. So employees also develop, which implies career growth.
We train employees in advanced training courses and in the process of work. We find out when the specialist goes on vacation, and in advance, for example, a month in advance, we dedicate others to the key tasks that they will have to perform during the employee’s vacation. Since all procedures are carried out within the framework of the schedule, it is not difficult to identify the upcoming volume. For a position pay extra is an additional incentive.
To organize the learning process, follow the scheme:
- Familiarize yourself with professional standards in procurement, decide on which program to train employees - How to apply professional standards: retraining and certification of employees.
- Check out the training tips from the Graduate School of Public Procurement: How to upgrade your skills or get retrained in high school public procurement.
- Decide how to buy educational services, carry out the procedure: How to purchase educational services.
Who can be a member of the procurement committee, see recommendations.
Developed regulations , where painted the order, in which contract service workers interact with each other.
What to do if you have not allocated money for contract service training
I will give advice to organizations that do not have enough off-budget. There is a way to reduce costs - to unlearn 16 hours, not 108. The term of 16 hours was set by the Ministry of Education and Science of Russia ( item 12 order approved by order of July 1, 2013 No. 499).
In order to receive additional vocational education, the employee undergoes a professional development program and professional retraining. The Ministry of Economic Development and the Ministry of Education and Science of Russia have developed guidelines for organizations that prepare programs for additional education in procurement. The guidelines indicate that the minimum time required to master the program is 108 hours. If the head of the customer organization is studying, the period can be reduced to 40 hours. At the same time, it is not necessary to apply methodological recommendations - the document is advisory in nature. Educational institution independently calculates the number of hours for which students master the program. Therefore, it is enough for contract service workers to retrain in the amount of 16 hours. A similar position is taken by the Ministry of Economic Development of Russia in letters dated December 11, 2015 No. OG-D28-15401, dated March 25, 2016 No. OG-D28-3885.
To make it easier to decide which courses to take and make a purchase, use the recommendations of the State Order System:
How to avoid staff turnover due to low salaries
The contract service of our organization faced a problem - the salaries are small, and the fines are large. The result is staff turnover.
We decided to retain specialists with additional payments. We encourage employees to perform their duties in a quality manner. We pay the premium in accordance with the current local acts on bonuses. Additional order financial incentives fixed in contract service provision. We also pay for liability and presence on the committee. Now employees do not leave us and are interested in additional workload.
From my experience, I will advise five ways to encourage a contract service specialist. Choose which method is right for you.
Method 1. Pay extra for combining jobs
Suppose an employee combines his main position, for example, a lawyer, economist, accountant, and the position of a contract service employee. Labor law allows you to pay the employee letter of the Ministry of Economic Development of Russia dated December 30, 2015 No. D28i-3860).
To pay for additional work, apply for a combination of positions or an internal part-time job.
| Way | Terms | Payment |
| Combination of posts | The order of the head, the written consent of the employee in the form of an additional agreement to the employment contract. The work of a contract service employee is performed by a person during the working day | The amount of the surcharge is set in a fixed amount of money or as a percentage of tariff rate or salary |
| Internal combination | A separate employment contract with the employee, all the documents that are provided for when applying for a job. The work of a contract service employee is performed by a person in his spare time from his main job. | Payment is set at employment contract. Upon termination, an employee is entitled to compensation for unused vacation |
- the work that the employee will perform additionally, its content and volume;
- the period during which the employee will perform additional work;
- the amount of additional payment for combining positions.
Based on the concluded agreement, issue an order to combine. The standard form of the document is not provided, so make up order in any form.
The requirements for registration of combination are provided in article 60.2 Labor Code RF.
Method 2. Write out a premium
The basis for the award is the high-quality performance of job duties by the employee. Write out the bonus in accordance with the current local acts on bonuses within the budget money for wages. You cannot pay an employee by saving on purchases. Fix the procedure for additional financial incentives in the provision on contract service, for example, as follows:
Method 3: Pay an incentive bonus
The employer has the right to establish an incentive bonus for the intensity and high results of work. Approve in the organization a system of criteria and performance indicators for the contract service, for example:
- timely and efficient preparation necessary documentation for procurement and bidding;
- preparation of operational, including unscheduled, reporting and information;
- observance of terms of preparation and transfer of projects of contracts;
- compliance with the deadlines for processing protocols of disagreements.
If the additional functions of a contract service employee are not fixed in the job description, then we are talking about additional work. Frame the increase in work volume as an extension of the service area. Expansion of the service area - the performance, along with one's main job under an employment contract, of an additional amount of work in the same profession or position ( Part 2 Art. 60.2 of the Labor Code of the Russian Federation).
For extra work install additional payment. The amount of the surcharge is determined by agreement of the parties. To do this, compose order and an additional agreement to the employment contract (art. 60.2 , 151 Labor Code of the Russian Federation).
Method 5. Pay overtime work
Suppose a contract service employee is late at work when it is necessary to promptly carry out competitive procurement. Pay extra time as overtime - publish order and obtain the consent of the contract service officer. Consent is issued in the form of a statement.
The order is in the articles. 99
, 149
Labor Code of the Russian Federation.
Pay for the first two hours of processing at least one and a half times, the next hours - at least double. At the same time, in collective agreement, local normative act or employment contract, you have the right to determine the specific amount of additional payment ( Art. 152 of the Labor Code of the Russian Federation).
Who pays the fine for an employee who quit
In order not to run into the problem of our organization, I advise you to do four steps from the instructions right now:
1. Review the job descriptions of contract workers.
2. If there is no clause on responsibility in the job description, enter it, for example, like this:
3. Warn the employee that you are making changes to the job description - draw up notification.
4. Make changes to the job description by order.
Attention: The statute of limitations is one year from the date when the employee violated the law ( Part 1 Art. 4.5 Administrative Code of the Russian Federation).
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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 drafting and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?
To form a service, you need to prepare and adjust a number of documents:
- Adjust the structure of the organization of the enterprise, change the composition of the staff, and their work schedule;
- Issue a decree on the creation of a division for concluding and controlling transactions related to public procurement, and the appointment of a certain number of staff units, and the head of the division, starting from the date specified in the order;
- Register a standard resolution on the subdivision of service under contracts;
- Create labor regulations and approve it;
- Sign employment agreements with employees.
Thereafter new department the enterprise will be launched in accordance with the norms of the legislation prescribed in the Federal Law 44 p.38.
The composition of the contract service according to 44 Federal Laws
According to Federal Law No. 44, there are three types of formation of a department for monitoring the preparation and conduct of transactions:
- With a separate structural department;
- Without a separate structural department;
- Establishment of a contract manager position.
According to the law, the choice of the type of creation of a department responsible for concluding and conducting public procurement transactions depends on the size of the 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 contract service as a separate structural organization or not to 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 the formation of a contract service or hiring a person for the position of contract manager. This is the person responsible for conducting public procurement or procurement, including supervising the enforcement of all procurement contracts. (Article 38, part 2).
Consequently, the right or obligation of the customer to form a new department, or hire a manager, is formed 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 according to 44 Federal Laws or is this a violation of the law?
Familiarize yourself with FZ-257 "On highways and road activities in the Russian Federation"
The number of contract service according to 44 Federal Laws must be at least two staff units. The number and positions of employees are approved by the customer. Who can be an employee in this department? Hire and dismiss an employee in the department under contracts, possibly by order of the head-customer or a person replacing and exercising his powers. The department is headed by the head of the contractual division appointed by the customer. If the service was not created as a separate unit, it is managed by the deputy head of the enterprise.
A sample provision on contract service under 44 Federal Laws with powers can be downloaded from the link.
Responsibilities and functions
The obligations of the contract service under 44 FZ are public procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with the audit of the effectiveness of the implementation of the requirements of the contract by the participants in the transaction. Full list of service responsibilities:
- Development of a procurement scheme;
- Selection of participants in the transaction at all levels;
- Signing contracts and their implementation;
- Dealing with lawsuits and claims from participants in the transaction.
Contract service requirements
The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of the Federal Law 44. According to this paragraph, employees, including the manager, are required to have a higher or additional prof. education, take professional qualification courses in the field of public procurement. These norms have been introduced into mandatory since January 2016. The period of retraining and study of retraining programs takes from 16 to 250 working hours.
Download FZ 44
Customers whose annual income is higher than or close to the amount of 100 million rubles should familiarize themselves with Art. 38 FZ 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" here.
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. In the event that the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).
(see text in previous edition)
3. The contract service operates in accordance with the regulation (regulation) developed and approved on the basis of the model regulation (regulation) approved by the federal executive body for regulating the contract system in the field of procurement.
4. The contract service, the contract manager shall perform the following functions and powers:
(see text in previous edition)
2) develop a schedule, prepare changes for making to the schedule, place the schedule and the changes made to it in a single information system;
3) carry out the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, the preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
4) ensure the implementation of procurement, including the conclusion of contracts;
5) participate in the consideration of cases on appealing the results of the determination of 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 procurement 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, authorized institution that exercise the powers to determine suppliers (contractors, performers). At the same time, the contract service, the contract manager are responsible within the limits of their powers.
6. Employees of the contract service, the contract manager must have higher education or additional professional education in the field of procurement.