The register of professions that by 2020 will be more relevant than lawyers and economists has been replenished with a new one.
Since January 1, 2018, the contract manager has become a specialty that many will strive to obtain. This is due to the opportunities for professional growth and the wide powers that can be obtained in this position.
Almost all companies that are looking for clients in the field of public procurement.
Who is a contract manager
The scope of procurement for state bodies is regulated by the legislator very strictly.
Since recently, 44-FZ and Law 223-FZ require certain actions from all legal entities that fall under their action.
These include:
- companies with state participation;
- state or municipal authorities;
- government enterprises.
If these legal entities would like to purchase goods, works or services on electronic auctions and competitions in accordance with the requirements of 44-FZ or 223-FZ, they are required to create a special position or unit in their state. They can also be a department, with a high workload - a department.
Note: if the total amount of government contracts planned in the current fiscal year, exceed 100 million rubles according to the schedule drawn up by the company, the law will require the creation of a service, the head of which will be a specialist.
It is assumed that its functions are to organize the procurement process in accordance with all legal requirements, to manage the unit and prepare reports for higher organizations.
Job description according to 44-FZ
A company creating such a service will have to prepare a regulation on the division in accordance with the standard recommendations of the Ministry of Economic Development.
For an employee who will have to manage a unit or work independently, it is necessary to prepare instructions.
Its main parameters will be: rights, obligations, necessary knowledge, subordination, vertical and horizontal relationships with other parts of the organization. The requirements for the candidate are directly spelled out in 44-FZ.
It is worth noting: standard instruction for this specialty, the Ministry of Economic Development has not yet developed.
Job candidate requirements
Since the beginning of the current year, the law obliges a candidate for this position to obtain a higher professional education or, instead, additional professional education specifically in the field of procurement of products or services in accordance with the norms of the legislation on state contracts.
Note that this is a new requirement higher education was not required.
The employee must be on the customer's staff, work on civil law contracts not allowed. Occupational standards also require the complete absence of a conflict of interest, that is, none of the candidate's relatives can work for suppliers.
Responsibilities and salary
The duties of the employee will be the organization of the procurement process in accordance with the law and other regulations. With a high level of responsibility, he will not always be able to claim substantial compensation.
The problem with determining the manager's salary is due to the fact that this position has not yet been fully defined in Tariff guide used state companies to form your staffing plan.
Therefore, she will qualify as a position of a leading specialist or head of department, and the salary will be formed in the general order for these positions.
The professional level of the candidate will not affect the level of remuneration. In companies with state participation, the salary of a specialist in the position of a contract manager is not always determined only by the staffing table. Most often, depending on the success of his work, motivation systems are introduced from its results.
Conclusion
The growth in the volume of public procurement, which already exceeds 20% of Russia's GDP, creates a wide field for applying efforts for candidates for the positions of a contract manager. It remains only to get the necessary education.
Watch the video, which explains the rules for the appointment and functioning of a contract manager:
Basic concepts
The special service in the course of its activities carries out a full cycle of public procurement, starting from its planning, implementation procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claim work with the counterparty.
The contract manager under 44-FZ is executive customer, which is responsible for the implementation of one or more public procurement, including the execution of each contract.
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.
The decision to choose between these two options is made by the customer on the basis of data on the total annual volume of purchases (hereinafter referred to as ASG). If it does not exceed one hundred million rubles, then the customer appoints a contract manager. If it exceeds, then a special service is created in the organization on the basis of a model provision approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. At the same time, the requirements of the labor legislation of the Russian Federation must be observed (letter of the Ministry of Economic Development of September 30, 2014 No. D28i-1889).
Job responsibilities should be fixed in the instructions. The customer has the right, for convenience, to develop and approve the regulation on such a position and specify the functions and powers in it in more detail.
The contract manager should only be staff member organizations (letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996).
Regulatory documents
In his work, the official who is responsible for the implementation of procurement is guided by the following regulatory documents:
- the Constitution of the Russian Federation;
- Federal Law No. 44-FZ;
- civil and budgetary legislation;
- regulatory legal acts that regulate the scope of public procurement in Russia;
- job description of a contract manager of a budgetary institution or regulation on a contract manager 2018.
Order of appointment
To appoint a person responsible for public procurement, it is necessary to issue an order. The law does not establish any requirements for this document, unified form also not developed, so you can make it in free form on the organization's letterhead.
The order should refer to Article 38 of the Law on contract system, list one or more employees who are appointed to such a position. At the same time, you can approve the instructions for it, which defines the work responsibilities.
Job Responsibilities
The duties of a contract manager under 44 FZ are as follows:
- implementation of procurement planning (market research of necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
- conducting procurement procedures (creating and placing in the Unified information system notices, procurement documentation, 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.
Job Description Example
When appointing a contract manager official duties can be fixed using the job description.
REGULATION OF WORK OF A CONTRACT MANAGER
What is a contract manager and what are his responsibilities?
Lobanova
procurement management consultant
Academy of Industrial Management. N.P. Pastukhov, Yaroslavl
The activities of the state in the fight against corruption and for increasing the transparency of budget expenditures require certain sacrifices. The result of such a struggle is the complication of individual business operations. As a result, in order to stay afloat, institutions have to constantly improve the skills of a number of specialists, and, if necessary, introduce new full-time positions.
At the same time, the manager faces the question: what job responsibilities should be assigned to the employee, and is it necessary to create a separate independent unit to implement the norms of the law?
The future belongs to professionals!
The fact that in state and municipal institutions professionals should be engaged in procurement, we have already told on the pages of our magazine. It's no secret that for most customers, regulated purchases are an additional procedural burden. First of all, this is due to the lack qualified personnel and high staff turnover in procurement.
However, having decided to hire a specialist qualified in the field of procurement law, the head of the institution must solve a number of issues:
- how much work to entrust to such a specialist;
- is there enough work for one staff unit or do you need to open several rates;
— how to control the performance of the corresponding amount of work by a specialist/specialists?
Unfortunately, there are currently no recommended or approved by the relevant authorities executive power recommendations on establishing the number and determining the complexity and volume of work performed by procurement specialists. Consequently, certain studies in this direction are state and municipal institutions must carry out on their own.
Purchasing volume
Such studies should begin, first of all, with determining the volume of purchases of goods (works, services) carried out by a particular customer institution.
The customer, whose total annual volume of purchases exceeds one hundred million rubles, is obliged to create a contract service, while the creation of a separate structural unit as a staff unit is not mandatory. In other cases, the customer is obliged to appoint an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).
Re: Inclusion of a contract manager in the staff list
Alena Kukolkina» 08 Sep 2016, 15:24
AlenaKukolkina wrote: Is it necessary to include a contract manager in staffing? Is it necessary to introduce a separate staff unit?
Both contract manager and employee contract service(including its head) can only be an employee of the customer (see part 1 - 3 of article 38 of Law N 44-FZ, paragraphs 6, 9 model provision(Regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631, letter of the Ministry of Economic Development of Russia dated January 31, 2014 N OG-D28-834).
Therefore, the assignment to employees of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, is possible only in accordance with labor law(See also the answer to question 2 in the annex to the letter of the Ministry of Economic Development of Russia dated September 30, 2014 N D28I-1889).
At the same time, as follows from the letter of the Ministry of Economic Development of Russia dated September 17, 2014 N D28i-1782, the official who is entrusted with the duties of a contract service employee, contract manager, is the relevant subject, regardless of the title of the positions in the staff list. Accordingly, the customer can either enter into the staffing table certain positions of contract service workers, contract manager, or not do this.
Depending on whether individual positions are included in the staffing table, the ways in which the necessary functions and powers are assigned to contract service workers and the contract manager are also different. At the same time, new staff units can be introduced both in the case of the formation of a contract service in the form of a separate structural unit, and in the case when such a unit is not formed. In addition, in each of these cases, it is possible to assign the duties of a contract service worker to an already working employee.
Moreover, according to the opinion of the Ministry of Economic Development of Russia, reflected in a letter dated 04.06.2015 N D28i-1514, an already existing structural unit can be endowed with contract service functions, and it does not have to be called "contract service" in the staffing table (see, for example , paragraph 5 of the Regulations on contract service of the Ministry of Justice Russian Federation, approved by order of the Ministry of Justice of Russia dated March 31, 2014 N 51, according to which the contract service is a separate structural unit - the Department of Case Management).
Consider each of the methods of laying on workers specified in Part 4 of Art. 38 of Law N 44-FZ of functions and powers.
Contract service under 44-FZ and contract manager
In the staff list of the customer, separate positions of contract service workers and a contract manager have been introduced.
In this case, it is implied that there are independent staff units in the customer's staffing table.
Occupation of vacant positions of employees of a contract service, a contract manager can be carried out by any of the methods provided for by the Labor Code of the Russian Federation, namely by:
– conclusion of an employment contract with the employee at the main place of work or part-time (internal or external);
- transfer of an already working employee to the appropriate position in the manner prescribed by Art. 72 - 72.2 of the Labor Code of the Russian Federation.
It is also possible to entrust an already working employee with additional work as a contract service employee or contract manager by combining positions in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In such a situation, the staff unit will remain vacant.
In all these cases, work as a contract service employee, contract manager is paid (part one, article 15, part one, article 60.2, article 151 of the Labor Code of the Russian Federation).
2. The staff list of the customer does not provide for separate positions for employees of the contract service, contract manager.
In this case, only employees of the customer who are already working in other positions can perform the duties of employees of the contract service, the contract manager.
If initially the position of the employee does not imply the performance of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, then within the framework of labor relations it is necessary to change the terms of the employment contract by agreement of the parties in the usual manner in accordance with Art. 72 of the Labor Code of the Russian Federation, as well as the job description. The change in wages in this case is also made by agreement of the parties. At the same time, the norms Labor Code RF obliging to increase wages when changing the scope of duties of the employee, are absent.
If labor obligations performed by the employee in accordance with the employment contract and job description, do not differ from those that he must perform after obtaining the status of a contract service employee or contract manager, then from the point of view of the Labor Code of the Russian Federation, the labor function does not change, which means that there is no need to amend the previously concluded contract with such an employee employment contract.
Nevertheless, amend the employment contract in the manner prescribed by Art. 72 or 74 of the Labor Code of the Russian Federation, will be required if a decision is made on:
- renaming the employee's position;
- renaming the structural unit in which the employee works, if the condition of structural unit is a condition of the employment contract.
Regardless of the method chosen by the employer for formalizing relations with contract service employees, contract managers, the employer must ensure that the qualifications of such employees comply with regulatory requirements. According to part 6 of 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.
Furthermore, in accordance with Art. 195.3 of the Labor Code of the Russian Federation if the Labor Code of the Russian Federation, others federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards regarding the specified requirements are obligatory for application by employers. In other cases, the characteristics of the qualifications contained in professional standards are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.
The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 625n, the professional standard "Expert in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 626n.
Thus, in terms of the qualification requirements established by Part 6 of Art. 38 of Law N 44-FZ, these professional standards are mandatory. It should be noted that these professional standards often establish more stringent requirements for the qualifications of employees than those provided for by the above norm of Law N 44-FZ. So, for example, in relation to employees performing duties classified as separate generalized labor functions work experience requirements. These requirements under Art. 195.3 of the Labor Code of the Russian Federation are advisory in nature for the employer, since Law N 44-FZ does not establish them. A similar point of view is expressed in the letter of the Ministry of Economic Development of Russia dated June 27, 2016 N D28i-1744.AlenaKukolkinaSpecialist State Committee RT for Procurement Messages: 450Registered: 01 Jul 2014, 10:34
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What salary can be paid to a contract manager at a school in the staffing table, on the basis of what calculation?
Answer
This issue is not regulated at the federal level. The calculation of the salary of the contract manager at the school is the responsibility of the employer.
Rationale
<…>Regulatory costs for the provision of state (municipal) services are approved in the manner established by the state authority of the constituent entity of the Russian Federation, in compliance with general requirements determined by the Ministry of Education and Science of Russia.<…>
It is possible that the institution is subject to the Decree of the Government of the Chelyabinsk Region dated September 11, 2008 "On the introduction of new wage systems for employees of regional budgetary, autonomous and government institutions and state authorities of the Chelyabinsk Region, whose remuneration is currently carried out on the basis of the Unified tariff scale on remuneration of employees of regional public institutions", we recommend checking with the founder. At the same time, this legal act