FZ 44 on the contract manager should be. Training of contract managers. A course of periodic advanced training or obtaining a certificate of retraining is a prerequisite for working as a contract manager;

It is a well-known fact that specialized training in the fundamentals of working as a contract manager is a mandatory event provided for by law.

Successfully completed specialized education graduated contract manager becomes responsible for public procurement. This is a very important process, since this expert specialist is not only engaged in procurement under individual contracts, but also manages the entire procurement process as a whole. He monitors the products, timely payment, collection of the documentation package, drawing up the company's regular purchasing plans, etc.

Thanks to contract managers, there will be an increase in the efficiency of the company, productivity, maintaining healthy competition. Comprehensive education first class contract managers, employees of contract groups - a necessary measure for each big company. The University of Public Procurement offers a rich, thoughtful educational program with a variety of directions, the possibility distance learning, high-quality supply of material.

A periodical advanced training course or obtaining a certificate of retraining is a prerequisite for working as a contract manager, whose immediate duties are:

Form procurement plans with the correct procedure for implementing the plan in the column of the unified register;
Leave the publication and develop a special procurement schedule;
Prepare detailed procurement information, place it in sections of the information system with notices of ongoing procurement, prepare documentation, search for suppliers;
Purchase the necessary goods, conclude contracts;
Consider possible appeals from suppliers, contractors, related issues;
various positions, statutory about public procurement.

To become a qualified specialist and successfully work in the relevant specialty, you should take the time to retrain, have solid experience in the field public procurement: relevant for people with higher, secondary specialized education. The work of this specialist imposes a lot of new responsibilities - to plan and analyze the market with a miscalculation of all the risks and consequences of purchases.

Added to site:

1. General Provisions

1.1. This regulation on the contract manager (hereinafter referred to as the Regulation) has been developed in accordance with the requirements federal law dated April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to ensure public and municipal needs"(hereinafter referred to as the Federal Law) and establishes the rules for organizing the activities of a contract manager when planning and procuring goods, works, services to meet state / municipal needs.

1.2. The contract manager is appointed in order to ensure the planning and implementation of [name of the state / municipal customer] (hereinafter referred to as the Customer) of the procurement of goods, works, services to meet state / municipal needs (hereinafter referred to as the procurement).

1.3. If the total annual volume of purchases in accordance with the procurement schedule (hereinafter referred to as the schedule) exceeds 100 million rubles, the Customer creates contract service. If the total annual procurement volume in accordance with the procurement schedule does not exceed 100 million rubles, then the Customer shall appoint a contract manager.

1.4. The contract manager in his activities is guided by the Constitution Russian Federation, the Federal Law, the civil legislation of the Russian Federation, the budgetary legislation of the Russian Federation, regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, including this Regulation, other regulatory legal acts of the Russian Federation.

1.5. The main principles for the appointment and functioning of a contract manager in the planning and implementation of procurement are:

1.5.1. attraction of qualified specialists with theoretical and practical knowledge and skills in the field of procurement;

1.5.2. free access to information on the actions performed by the contract manager aimed at meeting state / municipal needs, including the methods of procurement and their results;

1.5.3. conclusion of contracts on conditions that ensure the most effective achievement of the specified results of meeting state / municipal needs;

1.5.4. achievement by the Customer of the specified results of meeting state/municipal needs.

1.6. The contract manager is appointed by the Customer as the person responsible for the procurement, including the execution of each contract.

1.7. The contract manager must have higher education or additional professional education in the area of procurement.

2. Functional duties of the contract manager

2.1. Functional responsibilities contract manager are:

2.1.1. Procurement planning.

2.1.2. Organization at the procurement planning stage of consultations with suppliers (contractors, performers) and participation 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 / municipal needs.

2.1.3. Purchasing justification.

2.1.4. Justification of the initial (maximum) price of the contract.

2.1.5. Mandatory public discussion of procurement.

2.1.6. Organizational and technical support for the activities of procurement commissions.

2.1.7. Involvement of experts, expert organizations.

2.1.8. Preparation and placement in a single information system in the field of procurement (hereinafter referred to as the unified information system) notices on the implementation of procurement, procurement documentation, draft contracts.

2.1.9. Preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods.

2.1.10. Consideration of bank guarantees and organization of payment of monetary amounts according to bank guarantee.

2.1.11. Organization of the conclusion of the contract.

2.1.12. Organization of acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services (hereinafter referred to as a separate stage of contract execution) provided for by the contract, including the examination of the delivered goods in accordance with the Federal Law, the results of the work performed, the service provided, as well as individual stages of the execution of the contract, ensuring the creation of an acceptance committee.

2.1.13. Organization of payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution.

2.1.14. Interaction with the supplier (contractor, performer) when changing, terminating the contract.

2.1.15. Organization of inclusion in the register unscrupulous suppliers(contractors, performers) information about the supplier (contractor, performer).

2.1.16. Direction to the supplier (contractor, performer) of the demand for payment of penalties (fines, penalties).

2.1.17. Participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and the preparation of materials for the performance of claim work.

2.2. [Indicate the procedure for the contract manager to exercise his powers, as well as the procedure for the interaction of the contract manager with other divisions of the Customer, the procurement commission].

3. Functions and powers of the contract manager

3.1. The contract manager performs the following functions and powers:

3.1.1. When planning purchases:

A) develops a procurement plan, prepares changes to be made to the procurement plan, places the procurement plan and the changes made to it in a single information system;

B) places procurement plans on the Customer's websites in the information and telecommunication network "Internet" (if any), and also publishes in any printed publications in accordance with Part 10 of Article 17 of the Federal Law;

C) ensures the preparation of a procurement rationale when forming a procurement plan;

D) develops a schedule, prepares changes for making to the schedule, places the schedule and the changes made to it in a single information system;

D) organizes the approval of the procurement plan, schedule;

E) determines and justifies the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) when forming the procurement schedule.

3.1.2. When determining suppliers (contractors, performers):

A) chooses a method for determining the supplier (contractor, performer);

B) specifies, as part of the price justification, the price of the contract and its justification in notices of procurement, invitations to participate in the selection of suppliers (contractors, performers) by closed methods, tender documentation, auction documentation;

C) specifies, as part of the price justification, the price of the contract concluded with a single supplier (contractor, performer);

D) prepares procurement notices, procurement documentation (except for the description of the procurement object), draft contracts, amendments to procurement notices, procurement documentation, invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

E) prepares minutes of meetings of procurement commissions on the basis of decisions made by members of the procurement commission;

E) organizes the preparation of a description of the procurement object in the procurement documentation;

G) provides organizational and technical support for the activities of procurement commissions, including verification of:

Compliance with the requirements established in accordance with the legislation of the Russian Federation for persons engaged in the supply of goods, performance of work, provision of services that are the object of procurement;

Failure to liquidate a procurement participant - a legal entity and the absence of a decision arbitration court on recognition of a procurement participant - a legal entity or individual entrepreneur insolvent (bankrupt) and on the opening of bankruptcy proceedings;

Non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on administrative offenses, on the date of filing the application for participation in the procurement;

The procurement participant has no arrears on taxes, fees, debts on other obligatory payments to the budgets budget system Russian Federation;

Absence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant - legal entity, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant;

The procurement participant - an individual or the head, members of the collegial executive body or the chief accountant of the legal entity - procurement participant has no convictions for crimes in the field of economics;

Possession by the procurement participant of exclusive rights to the results of intellectual activity;

Correspondence additional requirements established in accordance with Part 2 of Article 31 of the Federal Law;

3) ensures the involvement of a specialized organization on the basis of a contract to perform certain functions to determine the supplier;

i) ensures that institutions and enterprises of the penitentiary system, organizations of persons with disabilities are provided with advantages in relation to the price of the contract they offer;

K) ensures the implementation of the purchase from small businesses, socially oriented non-profit organizations, establishes the requirement to involve subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract;

L) places in a unified information system or before the commissioning of the specified system on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services, notices of procurement, procurement documentation and draft contracts, protocols provided for by the Federal Law;

M) publishes a notice of procurement in any means mass media or places this notice on sites in the information and telecommunications network "Internet", provided that such publication or such placement is carried out along with the placement provided for by the Federal Law;

H) prepares and directs to writing or in the form of an electronic document explaining the provisions of the procurement documentation;

О) ensures the safety of envelopes with applications for participation in procurements, security, integrity and confidentiality of applications for participation in procurements submitted in the form of electronic documents and ensures that the content of applications for participation in procurements is considered only after opening the envelopes with applications for participation in procurements or opening access to applications for participation in procurement submitted in the form of electronic documents;

P) provides an opportunity for all procurement participants who submitted applications for participation in the procurement, or their representatives to be present at the opening of envelopes with applications for participation in the procurement and (or) opening access to applications for participation in the procurement submitted in the form of electronic documents;

P) provides an opportunity to receive real-time information about the opening of access to applications submitted in the form of electronic documents for participation in the procurement;

C) ensure the implementation of an audio recording of the opening of envelopes with applications for participation in procurement and (or) the opening of access to applications for participation in procurement submitted in the form of electronic documents;

T) ensures the storage, within the time limits established by law, of the minutes drawn up during the procurement, applications for participation in procurement, procurement documentation, changes made to the procurement documentation, clarifications of the provisions of the procurement documentation and an audio recording of the opening of envelopes with applications for participation in procurement and (or) opening access to applications submitted in the form of electronic documents for participation in procurement;

U) attracts experts, expert organizations;

F) ensures the harmonization of the application closed methods determination of suppliers (contractors, performers) in the manner prescribed federal body executive power for regulation contract system in the field of procurement, in accordance with Part 3 of Article 84 of the Federal Law;

X) provides direction required documents to conclude a contract with a single supplier (contractor, performer) based on the results of failed procedures for determining a supplier in the cases established by the Federal Law to the relevant authorities specified in paragraph 25 of part 1 of Article 93 of the Federal Law;

C) justifies in a documented report the impossibility or inexpediency of using other methods of determining the supplier (contractor, performer), as well as the price of the contract and other essential conditions contract in the event of a purchase from sole supplier(contractor, performer) to conclude a contract;

h) ensures the conclusion of contracts;

III) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who evaded the conclusion of contracts.

3.1.3. When executing, changing, terminating the contract:

A) ensures the acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services;

B) organizes payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;

C) interacts with the supplier (contractor, performer) when changing, terminating the contract, applies liability measures, including sending the supplier (contractor, performer) a demand for payment of penalties (fines, penalties) in case of delay in the performance of obligations by the supplier (contractor, performer) (including the warranty obligation) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, performs other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;

D) organizes the examination of the delivered goods, performed work, rendered services, attracts experts, expert organizations;

E) if necessary, ensures the creation of an acceptance committee of at least five people to accept the delivered goods, work performed or services rendered, the results of a separate stage of contract execution;

E) prepares a document on the acceptance of the results of a separate stage of the execution of the contract, as well as the delivered goods, work performed or services rendered;

G) places in a unified information system or before the commissioning of this system on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services, a report containing information on the execution of the contract, on compliance with the intermediate and final deadlines for the performance of the contract, on the improper performance of the contract (indicating the violations committed) or on the non-performance of the contract and on the sanctions that were applied in connection with the violation of the terms of the contract or its non-performance, on the change or termination of the contract in the course of its execution, information about changing the contract or termination of the contract, with the exception of information constituting a state secret;

3) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer), with whom the contract was terminated by a court decision or in connection with the Customer's unilateral refusal to perform the contract;

I) draw up and place in a single information system a report on the volume of purchases from small businesses, socially oriented non-profit organizations.

3.2. The contract manager exercises other powers provided for by the Federal Law, including:

1) organizes, if necessary, consultations with suppliers (contractors, performers) and participates 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 / municipal needs;

2) organizes a mandatory public discussion of the procurement of goods, work or services, based on the results of which, if necessary, prepares changes to be introduced into the procurement plans, schedules, procurement documentation or ensures the cancellation of the procurement;

3) takes part in the approval of requirements for products purchased by the Customer certain types goods, works, services (including marginal prices goods, works, services) and (or) standard costs for ensuring the functions of the Customer and places them in a single information system;

4) participates in the consideration of cases on appealing against actions (inaction) of the Customer, including appealing against the results of determining suppliers (contractors, performers), and prepares materials for the implementation of claim work;

5) develops draft contracts, including standard contracts of the Customer, standard conditions of contracts of the Customer;

6) checks bank guarantees received as security for the performance of contracts for compliance with the requirements of the Federal Law;

7) if the Customer refuses to accept a bank guarantee, informs the person who provided the bank guarantee about this, indicating the reasons that served as the basis for the refusal;

8) organize the payment of monetary amounts under a bank guarantee in the cases provided for by the Federal Law;

9) arrange return Money deposited as security for the execution of bids or security for the performance of contracts.

3.3. In order to implement the functions and powers specified in paragraphs 3.1, 3.2 of these Regulations, the contract manager is obliged to comply with the obligations and requirements established by the Federal Law, including:

1) not to allow disclosure of information that became known to him in the course of the procedures for determining the supplier (contractor, performer), except for cases expressly provided for by the legislation of the Russian Federation;

2) not to conduct negotiations with procurement participants until the winner of the supplier (contractor, performer) is identified, except as expressly provided for by the legislation of the Russian Federation;

3) to involve, in cases, in the manner and subject to the requirements provided for by the current legislation of the Russian Federation, including the Federal Law, experts, expert organizations in their work.

3.4. When centralizing procurement in accordance with Article 26 of the Federal Law, the contract manager exercises the functions and powers provided for in paragraphs 3.1, 3.2 of these Regulations and not transferred to the appropriate authorized body, authorized institution that exercises the authority to determine suppliers (contractors, performers).

4. Responsibility of the contract manager

4.1. Any procurement participant, as well as public associations exercising public control, associations of legal entities, in accordance with the legislation of the Russian Federation, have the right to appeal in court or in the manner prescribed by the Federal Law, to the control body in the field of procurement of the actions (inaction) of the contract manager, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

In accordance with part 23 of article of the Law No. 112 “On the contract system”, a contract service employee or contract manager can be a person with any higher education or additional professional education in the field of placing orders.

From this article you will learn:

what customers require from a contract manager;
what education should a contract service employee have;
what obligations arise for the contract manager in accordance with the regulation on the contract service of the institution;
regulation (regulation) on the contract service of the institution;
retraining of contract managers.

Sometimes customers misunderstand this thesis. After all, the law literally says that any higher education is theoretically suitable. Whether it is a technical, economic, humanitarian education - a person can go to work in a contract service. In reality, it turns out quite differently. A contract manager must have a higher education, but it must be accompanied by additional education specifically in the field of public procurement.

There is a joint letter from the Ministry of Economics and the Ministry of Education, which recommends a minimum period for mastering programs, regardless of the technologies used, of at least 108 hours, except for the cases described in paragraph 2.4 of the guidelines.

This paragraph refers to programs to train the head of the client organization. For them, the minimum training period for such programs can be reduced to 40 hours. Thus, for most employees, advanced training should be at least 108 hours.

What do customers require from a contract manager?

Let's give a specific example of a vacancy that was found on the Internet. The vacancy refers to Moscow. In this regard, of course, income - from 46 thousand rubles. Consider what requirements apply to contract managers. The candidate must have 3 to 6 years of work experience, as well as a higher education.

The list of job responsibilities of a contract manager may vary, but for a specific customer it is as follows:

work on organizing public procurement, competitions, auctions in electronic form, requests for quotations, purchases through an electronic store, work in UAIST 1, UAIST 2 of Moscow, subsystem "Register of contracts";
determination of justifications for the initial and maximum price of the contract;
full documentation, provision of contracts, work with suppliers.

In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get an electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic way: auction, competition, request for quotations, request for proposals.

Regulations (regulations) on the contract service of the institution

The contract service operates in accordance with the regulations, which are developed and approved on the basis of model provision, and he, in turn, approved by the federal executive body for the regulation of contract service. In addition to the order on the contract service, the customer is obliged to approve the order on the position of the work of the contract service on the basis of a standard provision. The duties of contract service workers are listed in Article 38 of Law 44-FZ. The regulation (regulation) establishes the procedure for the formation of a contract service, the powers of the contract service and the responsibility of contract service employees.

According to the established order of the Ministry of Economics, there is only one reservation regarding the membership of the contract service. The regulation on the contract service of the customer may establish that employees of the contract service cannot be members of the procurement commission. It turns out a certain contradiction, a collision.

on the preparation of minutes of meetings of the procurement commission on the basis of decisions taken by members of the procurement commission;
implementation of organizational and technical support for the activities of the procurement commission, including ensuring the verification of information about the procurement participant;
ensuring the safety of envelopes with applications for participation in procurement;
security, integrity and confidentiality of applications for participation in procurement submitted in the form of electronic documents;
ensuring consideration of the content of applications, after opening the envelope with applications or opening access in the form of electronic documents in applications for participation.

In fact, the same responsibilities lie with the members of the procurement commission. From the point of view of experts and public procurement specialists, it is impossible to exclude the majority of the members of the procurement commission from the contract service. In any case, all the above functions that are set here are preserved.

The regulation on the contract service may determine the procedure for the interaction of the contract service with other departments of the customer,.

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conducting procurement procedures(creation and placement in the Unified Information System of notices, procurement documentation, a draft contract and sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods);
the conclusion of the contract, its termination, as well as the introduction of amendments to it;
control over the execution of the contract, including the involvement of experts or expert organizations;
control over the terms and order of payment under the contract;
participation in claims work with contractors (if necessary);
other functions and powers in the framework of public procurement.

Example of a job description When appointing a contract manager official duties can be fixed using the job description.

Training of contract managers under 44-FZ in 2018

You can learn more about the responsibility of officials and legal entities for violation of 44-FZ, as well as the amounts of fines for these violations, here. Also, part 2 of article 12 of 44-FZ established that officials Customers are personally responsible for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.
Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ). 7.

Contract manager 44 fz

However, the principle of professionalism prescribed in the law obliges customers to take measures to maintain and improve the level of qualifications and vocational education, including through advanced training or professional retraining in the area of procurement. Based on the foregoing, we can conclude that the legislator does not directly oblige the customer to receive any additional education, but he is obliged to have and maintain the necessary level of knowledge and professional skills in the field of procurement, which are extremely difficult to acquire on their own.

Requirements of Law No. 44-FZ to the level of education of contract managers In addition to the principle of professionalism, the law on the contract system contains certain and at first glance quite clear requirements for the level of education of contract managers and contract service workers.

How to appoint a contract manager or organize a contract service

The transfer of functions to an employee will be lawful only if he (all of the following conditions must be observed simultaneously):

Included in the number of employees of the customer organization (letter of the Ministry of Economic Development "On persons who may be ..." dated January 31, 2014 No. OG-D28-834).
Received additional professional or higher education in the field of procurement. This requirement has been applied since 2017 in accordance with Art.

38 and 112 of Law No. 44-FZ, previously professional or additional professional education was sufficient.

Does not allow a conflict of interest, i.e. does not have a close relationship with the supplier, beneficiary or other counterparty (paragraph 3 of the review judicial practice, approved Presidium of the Armed Forces of the Russian Federation on September 28, 2016).

Let's summarize.

Requirements for the education of employees of the contract service.

Contract manager requirements for the position5. Contract manager under 44-FZ: job description 6. Responsibility of the contract manager under 44-FZ: fines7.

Contract manager: training and professional standard8. Finding a contract manager job 1. Who is a contract manager? Contract manager - an official responsible for the implementation of a procurement or several procurements, including the execution of each contract.

The contract manager is appointed in the event that the total annual volume of purchases (abbreviated SGOZ) of the Customer does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 of 44-FZ). One Customer may simultaneously have several contract managers responsible for certain sectors of procurement activities.

The Ministry of Economic Development of October 29, 2013 No. 631 develops its own regulation or regulation on the activities of a structural unit.

If the amount of expenses for the year does not reach 100 million rubles, and the specified service has not been created and is not planned, the customer can transfer its powers and functions to an official - the contract manager.

Education of a contract manager in 2018 by 44 ap

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

introduction of a new position in staffing organizations;

development of a CG job description (Note: As a rule, a job description consists of several sections - general provisions duties, rights and responsibilities);

issuing an order to appoint an official responsible for procurement (i.e. a contract manager).

Job description of a contract manager (download sample) (doc, 41 Kb). Order on the appointment of a contract manager (download sample) (doc, 32 Kb).

6. Responsibility of the contract manager under 44-FZ: fines According to Part 5 of Article 38 of 44-FZ, the contract manager is liable within the limits of his powers.

Education of a contract manager in 2018 on 44 fz

Basic concepts The Special Service in the course of its activities carries out a full cycle of public procurement, from its planning, procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claims work with the counterparty. The contract manager according to 44-FZ is an official of the customer who is responsible for the implementation of one or more public procurements, including the execution of each contract.

IMPORTANT! From January 1, 2017, a contract manager must have a higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient.
Thus, the legislator has tightened the requirements for the professional level of an employee responsible for procurement in an organization.
Part 1 of this article determines that the contract system in the field of procurement provides for the implementation of the activities of a customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement. According to part 2 of Art. 9 of Law N 44-FZ, customers, specialized organizations take measures to maintain and improve the level of qualifications and professional education of officials involved in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation. In accordance with Part 6 Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
Often, customers, managers and regulatory authorities have an opinion that it is mandatory to have additional education in the area of procurement. Conclusion Do not forget that any legislative acts should be read and understood literally, without fantasizing and without going into lengthy reasoning. Law No. 44-FZ, despite the presence of gaps and bottlenecks, is an exhaustive document describing the requirements and norms of the contract system. According to the law, from January 01, 2017, contract service employees and contract managers will have to have one of the following educations:

higher education (excluding profile);
additional professional education in the field of procurement.

The law does not directly require the obligatory presence of any additional education, and even more so the presence of a document confirming it.

From the material you will learn how normative act be guided by if the request for quotations was sent in 2013, and the meeting of the quotation commission will be held in 2014, whether the director of the institution can engage in procurement, whether the local administration of the district has the right to create a commission to determine suppliers for municipal institutions, what requirements are imposed in the contract manager, who is not can be members of the procurement committee, what kind electronic signature required to work in a unified procurement information system, as well as answers to other questions.

Features of placement of schedules are established by the Ministry of Economic Development of the Russian Federation and the Federal Treasury of September 20, 2013 No. 544/18n (hereinafter referred to as the Order).

Plans-schedules shall be posted on the official website no later than one calendar month after the adoption of the law (decision) on the budget (posting on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services of ordering schedules for 2014 and 2015).

The placement of the schedule on the official website is carried out taking into account the established requirements, among them:

the name of the schedule indicates: "Schedule for placing orders for the supply of goods, performance of work, provision of services to meet state and municipal needs for ____ year" reflecting the year for which the schedule is being formed;
in the respective columns, provided by the form schedules are indicated necessary information. So, in particular, in column 4 there is an ordinal number of the purchase (lot) carried out within the calendar year, assigned by the customer sequentially from the beginning of the year, regardless of the method of forming the schedule, in accordance with continuous numbering starting with one (clause 5 of the Features of placement on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information on the placement orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2014 and 2015).

Given the above, in our opinion, the contracts concluded in 2013 should be reflected in the 2013 schedule.

In connection with the entry into force on January 1, 2014, the Federal Law of July 21, 2005 No. 94-FZ "" has lost its effect.

However, in the opinion of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia, placing orders, notifications of the implementation of which are posted on the official website or invitations to participate in which were sent before January 1, 2014, is carried out in accordance with Federal Law No. 94-FZ of July 21, 2005 " ", including when:

making decisions on making changes to the tender documentation, auction documentation, refusal to conduct bidding;
clarification of the provisions of the tender documentation;
implementation of admission or refusal of admission to participation in the auction, determination of the winner of the auction, request for quotations;
concluding contracts, agreeing to conclude a contract with a single supplier, in case the placement of an order is declared invalid;
exercising control over compliance with the legislation of the Russian Federation on placing orders.

The legislator provided for the possibility of purchasing goods, works or services from a single supplier due to an accident, other emergency situations of natural or technogenic nature , force majeure, in the event of a need to provide medical care in an urgent form and the use of other methods of determining the supplier, which require a waste of time, is inappropriate.

The customer has the right to conclude a contract for the supply of goods, performance of work or provision of services, respectively, in the amount and volume that are necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, force majeure, or to provide medical care in an emergency form or urgent form().

Note that when purchasing from a single supplier in the above cases the customer must notify no later than one working day from the date of conclusion of the contract, the supervisory authority in the field of procurement on such procurement. This notification must be accompanied by a copy of the concluded contract with the rationale for its conclusion ().

In order to centralize procurement, can be created state body, municipal body, state institution authorized to determine suppliers for customers. Or the authority to identify suppliers for the relevant customers may be assigned on one such state body, municipal body, one such state institution or several state bodies, municipal bodies, state institutions from among the existing ones.

Such authorized bodies, institutions exercise the powers to determine suppliers (contractors, performers) for customers, established by decisions on the establishment of such bodies, institutions or on vesting them with the specified powers.

It is not allowed to entrust such bodies, institutions with the authority to justify procurement, determine the terms of the contract, including determining the initial (maximum) price of the contract, and signing the contract. Contracts are signed by customers for whom suppliers (contractors, performers) have been identified ().

The local administration may entrust a municipal body, a municipal state institution or several bodies, institutions with the authority to determine suppliers (contractors, performers) for several municipal bodies, municipal state and budget institutions, as well as the authority to plan procurement, identify suppliers, conclude state and municipal contracts, their execution and acceptance.

Thus, the creation of a commission will be illegal, and in order to transfer the authority to determine suppliers for several customers, it is necessary create a separate body or institution, or transfer such powers to an existing one.

In our opinion, the provisions of Law No. 44-FZ will not apply to such a legal entity, since, according to this, we are talking about a legal entity that directlyfinancetsyaat the expense of budgetary funds and directly purchases at the expense of such funds.

Law No. 44-FZ contains requirements for a contract manager only in terms of his education. In accordance with Part 6 of Art. 38 of the law, the contract manager must have a higher education or additional professional education in the field of procurement. At the same time, it provides that until January 1, 2017, a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

Law No. 44-FZ does not provide for a ban on combining the functions of a bankruptcy trustee in different organizations. But it should be borne in mind that the contract manager is appointed customer officer, which in turn must be on the staff of the customer's employees ().

To determine suppliers (contractors, performers), with the exception of procurement from a single supplier, the customer creates a procurement commission ().

Members of the commission may not be:

individuals, invited as experts to conduct peer review tender documentation and applications for participation in the tender;
individuals who are personally interested in the results of the selection of suppliers (contractors, performers), including persons on the staff of the organizations that submitted these applications;
procurement participants capable of exerting influence, including individuals who are participants (shareholders) of these organizations, members of their management bodies, creditors of these procurement participants;
individuals who are married to the head of the procurement participant, or who are close relatives (parents, children, grandfathers, grandmothers, grandchildren, brothers, sisters, adoptive parents, adopted children);
officials directly exercising control in the field of procurement ().

As we can see, the legislator limits the possibility of influence stakeholders in any way related to the procurement participant for the customer to decide on the choice of supplier.

It follows from this that the provisions will not be violated if there is a relative of the head of the customer in the procurement commission.

At the same time, the customer is given the opportunity to purchase from a single supplier (contractor, performer), including in the following cases:

procurement of goods, work or services for an amount not exceeding 100 thousand rubles;
procurement of goods, work or services by state or municipal educational institution, state or municipal institution culture, the statutory goals of which are the preservation, use and promotion of cultural heritage, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution performing concert activities, a television and radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture, a club, a library, an archive) for an amount not exceeding 400 thousand rubles.

In this regard, the question is whether our cultural institution can purchase from a single supplier in accordance with paragraph 5 of part 1 of Art. 93 for up to 400 thousand rubles. (and no more than 50% of all purchases according to the schedule) of goods that are contained in the list provided like paper?

User named kulturazxz

Enhanced electronic signature keys, as well as certificates of electronic signature verification keys, are created and issued by certification centers that have received the appropriate accreditation ().

It should be noted that following the norms of the Federal Law of April 6, 2011 No. 63-FZ "", we can conclude that only qualified electronic signatures are issued by accredited certification centers.

Given the above, while there are no clarifications from the authorities, in our opinion, you can continue using the old electronic signature until the signature key certificate expires. And in the event of the expiration of the certificate, guided by, get an enhanced unqualified signature.

The contract manager is appointed by the customer if there is no contract service and the total annual volume of purchases does not exceed 100 million rubles.

We invite you to discuss the application of Law No. 44-FZ on our site.

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