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Contract service under 44 fz expert opinion. Functions, rights and obligations of the contract service (contract manager)

The structure of the contract service is determined by the framework (typical) provision, but each customer establishes it independently. We will analyze what functions to assign to the contract service and how to assign powers to the contract manager.

Contract service structure

How perfect new system public procurement, the contract system imposed a new obligation on customers to create a contract service or appoint a contract manager.

If the total annual purchase volume of the customer does not exceed 100 million rubles., then the customer independently decides on how to implement this obligation. That is, the appointment of a contract manager is a right, not an obligation.

A serious problem of any customer is the organization of internal control of procurement activities. And it is simply necessary to prevent accidental or intentional procurement violations, which can then be detected by external controllers. What legal mechanisms are there for this? The author believes that the most optimal of them is the expansion of the powers of the contract service and the contract manager.

Contract manager under 44-FZ

If the customer has chosen the appointment of a contract manager, then such employee is assigned duties both in accordance with his position and in accordance with his appointment as a contract manager.

An institution may have more than one contract manager appointed. At the same time, if there are several of them, you need to prescribe what duties each of them performs.

For proper registration, it is necessary to issue a local act of appointment.

One, for example, is responsible for the purchase of products. The other is for schedules. The third - for entering information into the register of contracts.

But in practice it is very rare that there are several contract managers.

How to make a career in procurement: what the professional standard requires from contract managers

To ensure that those who made them are really punished for mistakes in the contract service, create a table job tasks. And approve it as an annex to the contract service regulations. How to make and fill it -

Russian practice shows that the majority of customers whose income does not exceed the established limit decide to create a contract service (rather than appoint a contract manager), which is due to the lack of proper motivation and material incentives in our country for a contract manager as an official who bears virtually all responsibility for the purchases of a particular customer. The appointment of a contract manager leads to staff turnover in this position.

Ethics of communication of a specialist in the field of procurement: requirements and norms of the professional standard

“What is your work experience” and “have you been retrained” are important, but not the only questions of the customer to whom you come to get a job. Find out what else you will be asked when interviewing for a contract manager position

Indeed, in the case of the creation of a contract service, an even distribution of duties between its members is assumed, and when a contract manager is appointed, such an official solely exercises all functions and powers.

During the absence of the contract manager, the customer issues an order to appoint a person temporarily acting in his capacity.

The structure and number of the contract service is determined and approved by the customer, but cannot be less than two people.

Can the deputy head of the legal department be the head of the contract service?

A contract service can be organized by creating a separate structural unit or by approving by the customer a permanent staff of its employees performing the functions of a contract service (without forming a separate structural unit). Therefore, it is not always necessary to change the staffing table.

Since the contract service conducts purchases from the moment of their planning and until the moment the contracts are executed and reports are prepared, it is assumed that the contract service should include representatives of the legal and financial structural divisions of the customer and, of course, in in full force representatives of the structural unit responsible for organizing public procurement.

The contract service may be a kind of add-on.

This is the case if it goes without the formation of a structural unit. For example, it can be created by order of the head, which is on individual employees of the accounting department. AHO, procurement department (if one exists) is entrusted with the functions of the COP. Moreover, if the inclusion of individual employees in the composition of the CS is associated with a change or expansion of labor functions, and therefore with a change in the employment contract, then such inclusion can only be carried out with the consent of the base employees and subject to changes in their job descriptions.

The contract service is headed by the head of this service. If it is created as a separate structural subdivision, it is headed by a head appointed to the position also by order of the head of the customer or an authorized person performing his duties. The contract service, created without the formation of a separate division, is headed by the head of the customer or one of the deputy heads of the customer, which is confirmed by the letter of the Ministry of Economic Development of Russia dated 04.06.2015 No. D28i-1514.

Checks reveal violations of this. For example, in an institution, a chief accountant or head of the AHO, who are not deputies of the head, was appointed head of the COP.

Head of legal or financial departments cannot be the head of a contract service created without the formation of a separate structural unit, if such an employee does not have the status of deputy. the head of the organization.

It is very rare in practice when the head of the institution is appointed as the head of the CC.

At its core, the contract service allocates to a special rank all the customer's employees involved in the procurement process, with the exception of employees who open envelopes with bids from procurement participants, review and evaluate bids, and accept contract performance.

The contract cannot be signed by the official to whom the EDS was issued, who does not have an order on the transfer of authority from the head. If the head goes on vacation, then acting. There may be 2 EDS in case of breakage, loss. Deadline ... The flash drive was lost.

IMPORTANT! The customer must still have a procurement commission.

Unlike the contract service, the permanence of the work of the procurement commission depends on the decision of the customer. According to which it can either be a permanent structure (a single procurement commission) that performs procurement functions by using any of the methods for determining a supplier (except for a single supplier), or it can be created separately for various methods for determining a supplier (competitive, auction, quotation commissions). , commissions for the consideration of applications for participation in the request for proposals and final proposals). A purchasing commission can be created, among other things, separately for each purchase.

The main purpose of the work of the commission for the implementation of procurement- determination of the supplier (contractor, performer) - means the need to open envelopes with applications, evaluate, consider and compare the applications of procurement participants, which predetermines the possibility and logic of including both internal and external specialists in the field of public procurement in the procurement commission.

It is interesting that the realization of this right of the customer is possible within the framework of the creation of a procurement commission, according to the procedure of which its composition is permanent, except for one of its members - a specialized specialist, who is appointed before each purchase in accordance with the characteristics of the particular product required by the customer, works or services.

The functional responsibilities of the contract service are determined by an unspoken rule, according to which it includes employees of the customer, and there is no need to involve third-party individuals.

Consequently, the contract service is a permanent "purchasing body" of the customer.

What does the commission do	What does a contract service do? (contract manager)
Opens envelopes with applications for participation in the competition	Develops a procurement plan (schedule), including preparing changes to them
Keeps a record of opening envelopes with applications for participation	Prepares and places procedural documentation in the EIS (notice, documentation, draft contracts)
Signs the protocol of opening envelopes	Ensures the procurement process, including the conclusion of contracts
Considers and evaluates applications for participation in the tender (request for quotations, auction of the first and second parts) and makes a decision on admission	Participates in the consideration of cases on appealing the results of procedures and prepares materials for claim work
Signs the minutes of consideration and evaluation of applications and the protocol of summing up	Organizes consultations with suppliers at the planning stage
Draws up a protocol for consideration of applications	Other powers provided by the contract system

The functions prescribed in Art. 38 of Law No. 44-FZ

The contract service, the contract manager shall perform the following functions and powers:

develop a procurement plan, prepare changes to be included in the procurement plan, place them in a single information system procurement plan and changes made to it;
develop a schedule, prepare changes for making to the schedule, place the schedule and the changes made to it in a single information system;
prepare and place in the EIS notices of procurement, procurement documentation and draft contracts, prepare and send invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
ensure procurement, including the conclusion of contracts;
participate in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepare materials for the performance of claim work; (as amended by Federal Law No. 140-FZ of June 4, 2014)
organize, if necessary, consultations with suppliers (contractors, performers) at the procurement planning stage 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;
exercise other powers provided for by this Federal Law.

Requirements for contract service employees

In accordance with Part 23 of Art. 112 of Law No. 44-FZ, until January 1, 2017, a contract manager may be a person with 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.

To date, there is a joint letter from the Ministry of Economic Development of Russia No. 5594-EE / D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated March 12, 2015 “On the direction of methodological recommendations”.

It is recommended to set the minimum period for mastering programs, regardless of the teaching technologies used, at least 108 hours, except for the cases specified in clause 2.4 methodological recommendations(clause 2.3 of the Guidelines).

Thus, for the majority of employees, advanced training should be at least 108 hours. The exception is the heads of customer organizations - for them at least 40 hours.

How to choose the right procurement courses and where to get training with the issuance of a government-issued certificate,

What are the requirements for contract managers employers

Job description example

Contract manager (qualification level 6)

Department of Culture of the City of Moscow "Izmailovsky Park of Culture and Leisure" Moscow

Salary: up to 45,000 rubles, work experience from 3 to 6 years, higher education

Job responsibilities:

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;
develops a schedule, prepares changes for making to the schedule, places the schedule and the changes made to it in a single information system;
prepares and places in the unified information system notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
ensures the implementation of procurement, including the conclusion of contracts;
participates in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and prepares materials for the performance of claim work;
organizes, if necessary, at the stage of procurement planning 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 ensure state and municipal

Requirements:

Knowledge of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
At least three years of experience in procurement

DEPARTMENT FOR REGULATION OF THE VORONEZH REGION

ORDER

ON THE APPROVAL OF STANDARD DOCUMENTS FOR THE CREATION OF A CONTRACT SERVICE FOR CUSTOMERS IN THE VORONEZH REGION, THE APPOINTMENT OF A CONTRACT MANAGER

It became invalid on the basis of the order of the URKS of the Voronezh Region of August 15, 2019 N 158 o / n, which entered into force on the day of official publication (published in the information system "Portal of the Voronezh Region on the Internet" https://www.govvrn.ru - 27.08. 2019).
_____________________________________

In accordance with Part 3 of Article 38, Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631 "On Approval of the Model Regulations (Regulations) on Contract Service" I order:

1. Approve model documents on the creation of a customer contract service by approving a permanent staff in accordance with Appendix No. 1.

2. Approve the Model provision (regulation) on contract service by creating a separate structural unit in accordance with Appendix No. 2.

3. Approve standard documents on the contract manager in accordance with Appendix No. 3.

5. I reserve control over the execution of this order.

Interim Acting
head of department
V.Ya.RYZHIKH

Appendix N 1. On the form

Appendix No. 1

to order

regulatory authority

contract system in the field of procurement

Voronezh region

dated 11.04.2014 N 73 o / n

On the form

____________ ___________

On the creation of a contract service

Based on Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" I order:

1. Create a contract service in order to ensure the planning and implementation of the procurement of goods, works, services for public needs from the "date" of the year.

2. Appoint the head of the contract service "position name and full name."

3. Approve the provision (regulation) on the contract service "name of the customer" (Appendix N 1).

4. Approve the permanent composition of the contract service without the formation of a separate structural unit (Appendix N 2).

5. Make changes to the employment contracts of employees who are part of the contract service by concluding additional agreements to employment contracts in connection with the change (expansion) of their labor function, up to the "date" of the year.

Responsible person: FULL NAME.

6. Notify the employees who are part of the contract service of making appropriate changes to their job responsibilities.

Responsible person: Full name

7. I reserve control over the execution of this order and / or ____________________________.

Head Full name

Annex N 1. REGULATIONS on contract service

Appendix No. 1
to order
"customer name"
from _____________ N _____

APPROVE

Supervisor

"customer name"

________________________

"___" __________ 20__

REGULATIONS on contract service

name of the customer

I. General provisions

1.1. This Regulation on the contract service (hereinafter referred to as the Regulation) establishes the rules for organizing the activities of the contract service "name of the customer" (hereinafter referred to as the Customer) in the planning and implementation of the procurement of goods, works, services to meet public needs.

Everything that is not provided for by the terms of this Regulation is determined by the norms of the law Russian Federation, acts of the authorized body of the Voronezh Region for determining suppliers (contractors, performers) (hereinafter referred to as the authorized body), local regulations Customer. In the event of a change in the legislation of the Russian Federation, the adoption by the authorized body of acts repealing or changing the norms regulated by this Regulation, or changes in the Customer's local regulations, this Regulation is valid in the part that does not contradict them.

1.2. The contract service is created in order to ensure the planning and implementation by the Customer of the procurement of goods, works, services for state needs (hereinafter referred to as the procurement).

1.3. The contract service in its activities is guided by

1.4. The contract service is created without the formation of a separate unit, which is headed by one of the deputy heads of the Customer.

The structure and number of the contract service is determined and approved by the head of the Customer.

The contract service includes officials of the following structural divisions of the Customer ( possible options names of departments whose employees are included in the contract service):

economic department;

accounting;

legal department;

information department.

The distribution of functions and official powers of persons who are part of the contract service is determined by this Regulation (Appendix No. 1 to this Regulation).

The interaction of the contract service with other structural divisions of the Customer is determined by this Regulation (Appendix No. 2 to this Regulation).

Appointment and dismissal of an employee of a contract service is allowed only by decision of the head of the Customer or the person acting in his capacity.

1.5. Contract service officials must have higher education or additional professional education in the field of procurement (until January 1, 2017 official contract service may be a person with 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).

1.6. Officials of the contract service cannot be individuals who are personally interested in the results of the selection of suppliers (contractors, performers). In the event that an official of the contract service has circumstances that may lead to personal interest in the results of determining suppliers (contractors, performers), such person is obliged to inform the head of the Customer in writing in order to exclude him from the contract service.

1.7. In the event that the persons specified in clause 1.6 of this Regulation are identified in the contract service, the head of the Customer shall immediately release the said officials from their duties and assign them to another official who meets the requirements of the Law on the contract system and this Regulation.

1.8. The main principles for the creation and functioning of the activities of the contract service in the course of procurement are:

professionalism - attraction of qualified specialists with theoretical and practical knowledge and skills in the field of procurement, in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions performed by the contract service aimed at meeting public needs, including the methods of procurement and their results;

efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.

1.9. Functional responsibilities of the contract service:

procurement planning (effective from 01.01.2015);

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 and municipal needs (effective from 01/01/2015);

justification of purchases (effective from 01.01.2015);

justification of the initial (maximum) price of the contract;

mandatory public discussion of procurement;

organizational and technical support for the activities of procurement commissions;

attraction of experts, expert organizations;

preparation and placement in the unified information system in the field of procurement (hereinafter referred to as the unified information system) of notices of procurement, procurement documentation, draft contracts;

preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods;

consideration of bank guarantees and organization of payment of monetary amounts under a bank guarantee;

organization of the conclusion of the contract;

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 Law on the contract system goods, results of work performed, services rendered, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

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

interaction with the supplier (contractor, performer) when changing or terminating the contract;

organizing the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

forwarding to the supplier (contractor, performer) a demand for payment of penalties (fines, penalties);

participation in the consideration of cases on appealing against actions (inaction) of the Customer and the preparation of materials for the performance of claim work.

2.1. The contract service performs the following functions and powers:

2.1.1. When planning purchases (effective from 01.01.2015):

2.1.2. When determining suppliers (contractors, performers):

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

2.1.3. When executing, changing, terminating the contract:

2.2. The contract service exercises other powers provided for by the Law on the contract system:

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 public needs;

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

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

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;

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

checks bank guarantees received as security for the performance of contracts for compliance with the requirements of the Law on the contract system;

informs the person who provided the bank guarantee in case of refusal of the Customer to accept the bank guarantee, indicating the reasons that served as the basis for the refusal;

organizes the payment of monetary amounts under a bank guarantee in cases provided for by the Law on the contract system;

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

2.3. In order to implement the functions and powers specified in clauses 2.1, 2.2 of these Regulations, the persons who are part of the contract service are obliged to:

2) maintain the level of qualification necessary for the proper performance of their official duties;

3) not to conduct negotiations with procurement participants until the winner of determining the supplier (contractor, executor) of procurement procedures is identified, except for cases expressly provided for by the legislation of the Russian Federation;

4) if necessary, involve experts in their work, expert organizations in accordance with the requirements stipulated by the Law and other regulatory legal acts;

5) comply with other obligations and requirements established by the Law.

2.4. Contract manager:

2.4.1. Distributes responsibilities among contract service workers.

2.4.2. Submits for consideration by the head of the Customer proposals for the appointment and dismissal of employees of the contract service.

2.4.3. Interacts within the competence of the contract service with other structural subdivisions of the Customer, suppliers, expert organizations.

2.4.4. Exercises other powers provided by the Law on the contract system.

III. Responsibility of persons included in the contract service

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

3.2. Contract service officials guilty of violating the Law, other regulatory legal acts provided for by the Law on the contract system, as well as the norms of this Regulation, bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation.

Appendix N 1. Distribution of functions and official powers between persons who are part of the contract service (approximate)

Appendix No. 1
to the Regulation
about contract service

In the event of cases that are not regulated by this distribution of functions and official powers, the decision to allocate a contract service to a person certain function or authority is accepted by the head of the contract service.

Economic department (responsible person ---)

1. Develops a procurement plan.

2. 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 and municipal needs (with the involvement of responsible by request).

3. Prepares changes to be included in the procurement plan.

4. Organizes the approval of the procurement plan.

5. Places in the unified information system in the field of procurement (hereinafter referred to as the unified information system) the procurement plan and the changes made to it.

6. Develops a schedule.

7. Carries out justification of purchases.

8. Prepares changes to be included in the schedule.

9. Organizes the approval of the schedule.

10. Places the schedule and the changes made to it in the unified information system.

11. Carries out the justification of the initial (maximum) price of the contract, and also specifies, as part of the justification of the initial (maximum) price, the price of the contract concluded with a single supplier (contractor, performer).

12. Organizes public discussion of procurement.

13. Prepares an application for procurement in accordance with the Work Procedure approved by the Department for Regulation of the Contract System in the Field of Procurement of the Voronezh Region (Order No. 67 o/n dated 04.03.2014).

14. When conducting the procedure for determining suppliers at the request of procurement participants for clarification of the provisions of the procurement documentation in relation to the procurement object, terms of reference(specifications), substantiations of the initial (maximum) price of the contract (price of the lot), conditions for the execution of the contract, prepares and sends to the authorized body a response to the request of the procurement participant within the prescribed period in accordance with the procedure for the work of the authorized body and customers.

15. Provides procurement 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.

16. Ensures that institutions and enterprises of the penitentiary system, organizations of persons with disabilities are given advantages in relation to the price of the contract they offer.

17. Compiles a report on the volume of purchases from small businesses, socially oriented non-profit organizations.

Legal Department (responsible person ---)

1. Organizes the conclusion of the contract based on the results of the procedure for determining suppliers.

2. Places information about concluded contracts in a single information system in the manner prescribed by the legislation of the Russian Federation.

3. Organizes the conclusion of an agreement (contract) with a single supplier (contractor, performer) in cases provided for by the Law.

4. Organizes the coordination of the use of closed methods for determining suppliers (contractors, performers) in the manner established by the federal executive body for regulating the contract system in the field of procurement, in accordance with part 3 of Article 84 of the Law on the contract system.

5. Provides direction required documents to conclude a contract with a single supplier (contractor, executor) based on the results of failed procedures for determining a supplier, in the cases established by the Law on the contract system, to the relevant authorities specified in paragraph 25 of part 1 of Article 93 of the Law on the contract system.

6. Justifies in a documented report the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer).

7. Provides a procedure for including in the register of unscrupulous suppliers (contractors, performers) information about procurement participants who evaded the conclusion of contracts, as well as information about the supplier (contractor, performer) with whom the contract was terminated by a court decision or in connection with the unilateral refusal of the customer from the performance of the contract.

8. Interacts with the supplier (contractor, executor) when changing, terminating the contract, applies liability measures, including sending the supplier (contractor, executor) a demand for payment of penalties (fines, penalties) in case of delay in the performance by the supplier (contractor, executor) of obligations (including 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.

9. Participates in the consideration of cases on appealing the results of determining suppliers (contractors, performers).

10. takes part in the approval of requirements for certain types of goods, works, services purchased by the Customer (including marginal prices for goods, works, services) and (or) standard costs for ensuring the functions of the Customer.

11. 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.

12. Develops draft contracts, including standard contracts of the Customer, standard conditions of contracts of the Customer.

13. Checks bank guarantees received as security for the performance of contracts for compliance with the requirements of the Law on the contract system.

14. 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.

15. Evaluate documents as part of the implementation of anti-dumping measures.

Accounting (responsible person ---)

1. Carry out bringing the limits to the person responsible for the development of the procurement plan, schedule of goods, works, services.

2. Organizes the execution of contracts (including ensuring the acceptance of the results of the execution of contracts), as well as individual stages of the supply of goods, performance of work, provision of services.

3. Organizes payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution.

4. If necessary, ensure 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.

5. 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.

6. Organizes the payment of monetary amounts under a bank guarantee in cases provided for by the Law on the contract system.

7. Organizes the return of funds deposited as security for the execution of applications or security for the execution of contracts.

Information department (responsible person ---)

1. Provides, if necessary, assistance in placing schedules, a procurement plan, information on placing orders, all necessary documentation, and reports in a single information system.

2. Places in a unified information system or prior to 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 intermediate and final deadlines for the performance of the contract, improper performance of the contract (with an indication of the violations committed) or non-performance of the contract and 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 on changing the contract or on termination of the contract, with the exception of information constituting a state secret.

3. Places in a single information system a report on the volume of purchases from small businesses, socially oriented non-profit organizations.

4. Provides the possibility of uninterrupted operation of the information and technical resource of the contract service.

Appendix N 2. The procedure for interaction of the contract service with other units

Appendix No. 2
to the Regulation
about contract service

1. The purchase is carried out on the basis of the need (name of the customer). For each purchase, the head of the contract service, when forming the schedule, appoints a responsible person from among the employees of the contract service.

2. When the appropriate period for the implementation of the procurement comes, the responsible person prepares a memo drawn up in accordance with the appendix to this Procedure.

3. The procedure for preparing to determine the supplier (contractor, performer) for the supply of goods, performance of work, provision of services begins after the responsible person agrees on the memo with the head of the contract service "name of the customer" and the head of the "name of the customer".

The service note must contain:

Name of the supplied goods, performed works, rendered services;

The period in which the goods must be supplied, work performed, services rendered;

Initial (maximum) contract price;

OKPD code;

The position of the responsible person who submitted the memo, and the date.

4. The responsible person for procurement informs the relevant employees of the contract service about the need to take the following actions:

On holding consultations with suppliers (contractors, performers) 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;

On the determination and justification of the initial (maximum) price of the contract, including the one concluded with a single supplier (contractor, performer);

On the development and submission to the authorized body of an application for procurement in the form established by the authorized body;

On clarification of the initial (maximum) price of the contract as part of the justification of the price and provision of justification of the initial (maximum) price of the contract as part of the application;

On the elimination of comments submitted by the authorized body on applications for procurement, and the submission of relevant information within the established time limits;

On the organization of a mandatory public discussion of the procurement of goods, work or services, based on the results of which, if necessary, changes are prepared to be introduced into the procurement plans, schedules, procurement documentation or the cancellation of the procurement is ensured;

On the need to prepare a contract for conclusion with the winner of the purchase (the only participant);

On the examination of the delivered goods, work performed, services rendered, on the involvement of experts, expert organizations;

On the need to pay for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution;

On the implementation of the return of funds deposited as security for the execution of applications or security for the performance of contracts, as well as on the implementation of other necessary actions provided for by regulatory legal acts on the contract system and these Regulations.

Application. MEMO

Application
to Order
interactions

Supervisor

"customer name"

_______________________________

Head of contract service

"customer name"

_______________________________

MEMO

In order to ensure _____________________________________________ I ask you

(indicate the purpose of the purchase)

for the period from "__" _______________ 20___ to "___" _______________ 20___

(indicate the duration of the contract)

authorize the acquisition, performance, provision of ______________________________

(name given

necessary goods, works or services)

on total amount ___________________________________________________________ rubles

(indicate the purchase amount)

Funds used: ___________

Verified by _____________________ Accountant

According to all-Russian classifier products by type

economic activity OKPD Code _______________

Responsible person

_____________ ______________ ______________

(position) (signature) (full name)


The method of determining the supplier (contractor, performer) in accordance with the schedule __________________________
Expediency of acquisition (justification of need) __________________________			Accountant

Appendix No. 2

to order
"customer name"
from _____________ N _____

contract service (approximate)

Head of contract service (part-time)

Legal Counsel of the contract service (part-time)

Contract service economist (part-time)

Contract service economist - (part-time)

Chief accountant (part-time)

Accountant (part-time)

Programmer (part-time)

Annex N 2

Appendix No. 2
to order
regulatory authority
contract system in the field of procurement
Voronezh region
dated 11.04.2014 N 73 o / n

I. General provisions

1. This Regulation on the contract service (hereinafter referred to as the Regulation) establishes the rules for organizing the activities of the contract service in the planning and implementation of the procurement of goods, works, services to meet state needs.

2. The contract service is created in order to ensure the planning and implementation of (name of the customer) (hereinafter referred to as the Customer) in accordance with the Federal Law of 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 - the Law on the contract system) procurement of goods, works, services to meet public needs (hereinafter - procurement).

3. The contract service in its activities is guided by the Constitution of the Russian Federation, the Law on the contract system, 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 public needs, this Regulation, other normative legal acts of the Russian Federation.

4. A contract service is created by creating a separate structural unit - a department (department name) (hereinafter referred to as the contract service), which performs the functions of a contract service.

5. The structure and number of the contract service (name of the customer) is determined and approved by order (name of the customer), also staffing(name of the customer) and is _______________ (in words) people.

6. The contract service is headed by the head (name of the department), hereinafter referred to as the head of the contract service.

7. The head of the contract service in order to increase the efficiency of the work of contract service employees in the formation organizational structure determines the official duties and personal responsibility of contract service employees, distributing the functional duties defined by these Regulations among these employees.

8. Functional responsibilities of the contract service:

II. Functions, powers, duties of the contract service

9. The contract service performs the following functions and powers:

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

b) publishes 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 Law on the contract system;

c) ensures the preparation of the justification for the procurement when forming the 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;

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

f) 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;

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

b) as part of the price justification, specifies 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 taken by members of the procurement commission;

f) organize 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 supplying goods, performing work, rendering services that are the object of procurement;

the competence of the procurement participant to conclude a contract;

non-liquidation of the 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, as of the date of filing an application for participation in the procurement;

the procurement participant has no arrears on taxes, dues, debts on other mandatory payments to the budgets of the budgetary system of the Russian Federation;

the absence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant - a legal entity, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant;

absence of the procurement participant - individual or from the head, members of the collegial executive body or the chief accountant of a legal entity - a participant in the purchase of convictions for crimes in the field of economics;

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

compliance with additional requirements established in accordance with part 2 of article 31 of the Law on the contract system;

h) ensures engagement on the basis of a contract specialized organization to perform certain functions as determined by the supplier;

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

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

k) 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 telecommunication 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 projects contracts, protocols provided for by the Law on the contract system;

m) publishes, by decision of the head of the contract service, a notice of procurement in any mass media or places this notice on websites in the Internet information and telecommunication network, provided that such publication or placement is carried out along with the placement provided for by the Law on the contract system;

m) prepares and sends in writing or in the form of an electronic document explanations of the provisions of the procurement documentation;

o) ensures the safety of envelopes with applications for participation in procurement, security, inviolability and confidentiality of those submitted in the form electronic documents applications for participation in procurements and ensures consideration of the content of applications for participation in procurements only after opening the envelopes with applications for participation in procurements or opening access to applications for participation in procurements submitted in the form of electronic documents;

o) 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;

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

s) attracts experts, expert organizations;

t) ensures the coordination of the use of closed methods for determining suppliers (contractors, performers) in the manner established by the federal executive body for regulating the contract system in the field of procurement, in accordance with part 3 of Article 84 of the Law on the contract system;

u) ensures that the necessary documents for concluding a contract with a single supplier (contractor, executor) following the failed procedures for determining a supplier in the cases established by the Law on the Contract System are forwarded to the relevant authorities specified in paragraph 25 of part 1 of Article 93 of the Law on the Contract System;

v) substantiate in a documented report the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer), as well as the price of the contract and other essential terms of the contract in case of procurement from a single supplier (contractor, performer) for the conclusion of the contract;

w) ensure the conclusion of contracts;

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 measures of responsibility, 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;

f) 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 prior to the commissioning of this system on the official website of the Russian Federation in the information and telecommunication 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 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 on changing the contract or terminating the contract, with the exception of information constituting a state secret;

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

10. The contract service exercises other powers provided for by the Law on the contract system, including:

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

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;

11. In order to implement the functions and powers specified in paragraphs 9, 10 of this Regulation, contract service employees are required to comply with the obligations and requirements established by the Law on the contract system, including:

1) not to allow disclosure of information that became known to them 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 Law on the contract system, experts, expert organizations in their work.

12. The customer's contract service performs functions and powers in terms of functions and powers not transferred authorized body of the Voronezh region to determine suppliers (contractors, performers) for state customers of the Voronezh region and budget institutions Voronezh region by holding an auction in electronic form, open competition, competition with limited participation, two-stage competition, request for proposals regarding failed purchases.

13. Head of contract service:

1) distribute duties among contract service employees;

2) submits for consideration by the Customer proposals for the appointment and dismissal of employees of the contract service;

3) exercise other powers provided by the Law on the contract system.

III. Responsibility of contract service workers

14. 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 established by the Law on the contract system, to the control body in the field of procurement actions (inaction) of officials persons of the contract service, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

Appendix N 3. On the form

Appendix No. 3
to order
regulatory authority
contract system in the field of procurement
Voronezh region
dated 11.04.2014 N 73 o / n

____________ ___________

On the appointment of a contract manager

Based on Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" I order:

1. In order to ensure the planning and implementation of the procurement of goods, works, services for state needs, appoint the "name of the customer" ___________ full name as the contract manager. - (name of the position occupied in the "name of the customer").

2. Approve the Regulations (regulations) on the contract manager in accordance with the annex to this order.

3. Determine that in its activities the contract manager reports to __________ (indicate the full name and position of the person in charge of the contract manager).

4. Amend the employment contract _______ Full name (contract manager), as well as in the employment contract of the full name supervising the contract manager, by concluding additional agreements to labor contracts in connection with the change (expansion) of their labor function before the "date" of the year.

Responsible person: Full name

5. I reserve control over the execution of this order and / or ____________________________.

Head Full name

Application. Standard provision (regulation) on the contract manager

Application
to order
"customer name"
from ______________ N ____

APPROVE

Supervisor

"customer name"

________________________

"___" __________ 20__

Standard provision (regulation) on the contract manager

I. General provisions

1.1. This Regulation (hereinafter referred to as the Regulation) establishes the procedure for the work of a contract manager in the planning and implementation of the procurement of goods, works, services to ensure public, including the execution of contracts.

1.2. The contract manager is a specialist (name of the customer, hereinafter referred to as the customer) who ensures the implementation of procurement, including the execution of contracts.

A contract manager is appointed by a customer who does not have a contract service and whose total annual volume of purchases, in accordance with the schedule, does not exceed one hundred million rubles.

1.3. The contract manager in his activities is guided by the Constitution of the Russian Federation, civil legislation, budget legislation of the Russian Federation, Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law on the contract system), other regulatory legal acts, these Regulations.

1.4. The main principles of the activities of a contract manager in the procurement of goods, work, services to meet state or municipal needs are:

Professionalism - attraction of qualified specialists with theoretical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

Openness and transparency - free and free access to information about the actions performed by the contract manager aimed at meeting state and municipal needs, including the methods of procurement and their results.

Openness and transparency of information are ensured, in particular, by placing complete and reliable information in a single information system in the field of procurement;

Efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of ensuring state and municipal needs;

Responsibility for performance - the responsibility of the contract manager for the achievement by the customer of the specified results of ensuring state and municipal needs and compliance with the requirements established by the legislation of the Russian Federation on the contract system and regulatory legal acts in the field of procurement.

II. Procedure for appointing a contract manager

2.1. The specific official appointed by the contract manager is determined and approved by the decision (order) of the head of the customer.

2.2. The contract manager must have higher education or additional professional education in the field of procurement (until January 1, 2017, a contract service employee may be a person with 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).

2.3. The contract manager cannot be an individual who is personally interested in the results of the procedures for determining suppliers (contractors, performers).

2.4. In the event that a person specified in clause 2.3 of this Regulation is identified as a contract manager, the customer immediately releases him from the work of a contract manager and appoints another person that meets the requirements of the Law on the contract system and this Regulation.

III. Functional responsibilities of a contract manager

Functional responsibilities of the contract manager:

1) procurement planning (effective from 01.01.2015);

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 and municipal needs (enters into effective from 01.01.2015);

3) justification of purchases (effective from 01.01.2015);

4) justification of the initial (maximum) price of the contract;

5) mandatory public discussion of procurement;

6) organizational and technical support for the activities of procurement commissions;

7) involvement of experts, expert organizations;

8) preparation and placement in the unified information system in the field of procurement (hereinafter referred to as the unified information system) of notices of procurement, procurement documentation, draft contracts;

9) preparation and sending of invitations to take part in the selection of suppliers (contractors, performers) by closed methods;

10) consideration of bank guarantees and organization of the payment of monetary amounts under a bank guarantee;

11) organization of the conclusion of the contract;

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 carrying out in accordance with the Law on the contract system examination of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the execution of the contract, ensuring the creation of an acceptance committee;

13) organization of payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution;

14) interaction with the supplier (contractor, performer) when changing, terminating the contract;

15) organizing the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

16) sending to the supplier (contractor, performer) a demand for payment of penalties (fines, penalties);

17) participation in the consideration of cases on appealing against actions (inaction) of the Customer and the preparation of materials for the performance of claim work.

IV. Functions, powers, duties of a contract manager

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

1) when planning purchases (effective from 01.01.2015):

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

b) publishes procurement plans on the Customer's websites in the Internet information and telecommunication network (if any), and also publishes them in any print media in accordance with part 10 of article 17 of the Law on the contract system;

c) ensures the preparation of the justification for the procurement when forming the 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;

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

f) 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;

2) when determining suppliers (contractors, performers):

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

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

e) prepares minutes of meetings of procurement commissions on the basis of decisions taken by members of the procurement commission;

f) organize 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:

the competence of the procurement participant to conclude a contract;

non-liquidation of a procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of a procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings;

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

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;

compliance with additional requirements established in accordance with part 2 of article 31 of the Law on the contract system;

h) 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 given advantages in relation to the price of the contract they offer;

l) publishes, by decision of the person controlling the activities of the contract manager, a notice of procurement in any mass media or places this notice on sites in the Internet information and telecommunications network, provided that such publication or such placement is carried out along with the provisions of the Law on the contract system accommodation;

m) prepares and sends in writing or in the form of an electronic document explanations of the provisions of the procurement documentation;

n) ensures 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 and ensures that the content of applications for participation in procurement is considered only after opening the envelopes with applications for participation in procurement or opening access to applications for participation in 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;

s) attracts experts, expert organizations;

w) ensure the conclusion of contracts;

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

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;

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

f) 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;

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

4.2. The contract manager exercises other powers provided for by the Law on the contract system, 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 and 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 certain types of goods, works, services purchased by the customer (including the marginal prices of 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 customer contracts, standard conditions of customer contracts;

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

7) inform the person who provided the bank guarantee in case of refusal of the customer to accept the bank guarantee, indicating the reasons that served as the basis for the refusal;

8) organizes the payment of monetary amounts under a bank guarantee in cases provided for by the Law on the contract system;

9) organizes the return of funds deposited as security for the execution of applications or security for the performance of contracts.

4.3. In order to implement the functions and powers specified in clauses 4.1, 4.2 of these Regulations, the contract manager is obliged:

Know and be guided in their activities by the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet public needs and these Regulations;

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

Maintain the level of qualifications necessary for the proper performance of their duties;

Not to conduct negotiations with procurement participants until the winner is identified, the supplier (contractor, executor) of procurement procedures is determined, except as expressly provided for by the legislation of the Russian Federation;

To involve, in cases, in the manner and taking into account the requirements provided for by the current legislation of the Russian Federation, including the Law on the contract system, experts, expert organizations in their work;

Comply with other obligations and requirements established by the Law on the contract system.

4.4. The contract manager exercises functions and powers in terms of functions and powers not transferred to the authorized body of the Voronezh region to determine suppliers (contractors, performers) for state customers of the Voronezh region and budgetary institutions of the Voronezh region by holding an auction in electronic form, an open tender, a tender with limited participation, two-stage tender, request for proposals regarding failed purchases.

4.5. The contract manager directly fulfills the instructions of the person who manages and controls the activities of the contract manager, the head of the customer on the issues of fulfilling the duties of the contract manager.

V. Responsibility of the contract manager

5.1. 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 Law on the contract system, to the control body in the field of procurement actions (inaction) of the contract manager, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

5.2. For violation of the legislation of the Russian Federation on the contract system in the field of procurement, the contract manager is liable in accordance with the law.

The topic of this article reveals the meaning of the contact service, the need to appoint a contract manager and the commission of the customer, provided for by innovations.

The procedure for creating a contract service

Article No. 9 of Federal Law No. 44 regulates the creation of a contract service, implies the appointment of a manager, and this is the responsibility of a municipal or state customer. This approach allows emphasizing the high professional skills of the customer and ensures the quality of procurement, bidding and services for the supply of goods.

Such a service in without fail is created in cases where the total volume of purchases per year, according to the schedules, is more than one hundred million rubles. There is no mandatory requirement to create a special unit in the structure of the organization, you can make up a commission from employees of various departments and services.

Forms of organization of the CC

Possible forms of organization of the contract service of the customer:

a separate full-fledged structural unit in the form of a department or department;
part of another pre-existing unit, such as contracting or the legal department;
in the form of a commission, which consists of employees of various departments and divisions, which is approved by the customer and fully performs the duties and functional tasks of the contract service.

The contract service of the customer always functions and works according to the Regulation or regulation on the contract service, which in turn is developed according to the Model Regulation approved by the Ministry economic development RF.

Need to remember that if there is a combination of job responsibilities of employees of the organization in terms of being part of the commission for maintaining contractual obligations, then it is worth adjusting the employee's employment contract, as well as changing their job descriptions and regulations for the implementation of activities, taking into account being part of the contract service.

In situations where the volume of the customer during the year for purchases is not more than one hundred million rubles, the creation of a contract service is not required, but there is a need to appoint a contract manager, which regulates part 2 of 44-FZ.

Functions and tasks of the contract service

The functional tasks of both the contract service as a whole and the individual manager in the quality and efficient conduct of all procurement procedures, from planning and bidding to the fulfillment of all obligations and clauses of the contract, including payment for work performed.

At the first stage, in which the development of schedules is carried out, the service manager or contract manager exposes all necessary information in the EIS, if necessary, make changes, answer questions and clarify incomprehensible points.

In addition to this obligation, the contract service also justifies the purchase itself, its price when concluding a contract with a single supplier.

Main functions

In the course of determining specific suppliers of goods or services, the following functions are assigned to the contract service:

Production of a choice, how to organize the purchase, clarify the NMC, as well as the method of filing an application.
Drawing up various kinds of documentation, including drafts and contract templates, minutes of meetings, notices of changes.
Fully organizes and technically ensures the competent and high-quality work of the commission in determining the winner of the purchase.
To the extent possible, ensure the provision of certain benefits for performers and small businesses, the disabled, social non-profit enterprises, as well as for the bodies of the penitentiary system.
Clear and concise explanations of points and provisions in the documentation attached to the subject of the procurement.
Compliance with the complete safety of documentation related to the auction, the work of the commission, including envelopes, audio recordings.
Carrying out coordination with the supplier, which is the only one in the implementation of the auction.
Carrying out the signing of contract documents with the winners of the procurement, as well as the timely inclusion of unscrupulous suppliers in the RNP.

Responsibilities

In the event that the full fulfillment of contractual obligations has occurred, as well as if the contract has been terminated or changed, the contract service accepts works or services, pays money, and, if necessary, organizes an examination of the work. At the same time, the contract service carries out close interaction with the supplier, in case of improper performance contractual obligations, enters it into the RNP, and upon execution of the contract, places the corresponding report in the EIS.

The duties of the contract service also include organizing consulting issues with the supplier, obligatory public hearing and discussion of the subject of bidding, checking the reliability and quality of bank guarantees and informing about the decision-making on them, at the end of the procedure, returns the security and makes payment for the money under the guarantees.

Customer commissions

For the literate and quality organization procedural processes in determining service providers, the customer creates a commission that is collegial in nature and performs certain fictions when tenders are made on a competitive basis. If the service provider is the only one, then the creation of a commission is not required, which is stipulated by part 1 of 44-FZ.

The creation of a commission can be both for a separate purchase or bidding within a certain period, as well as for determining the winners in one of the ways. The law provides for a minimum number of members of the commission, while the maximum number is not specified. For competitions, electronic auctions or in the case of the creation of a single commission for any auction, the composition must be at least five people, in all other cases there must be at least three people.

When creating a commission, its composition should include those persons who have the most necessary qualifications and skills, as well as those who have received the necessary training in the field of obtaining knowledge in the field of production of procurement procedures.

If the schedule reflects purchases that do not have specific specifics, which do not require the inclusion of highly specialized specialists in the commission, then it is recommended to create a single commission for all bidding, not taking into account the method and method of determining the winner, as well as objects of procurement.

Ensuring the system of procurement procedures with qualified personnel

Only when the customer can confidently decide on the possibility of creating a contract service, it is necessary to proceed to the design of procurement procedures. If the customer does not have qualified personnel, then it is worth considering the involvement of specialized companies for this function.

One of the important tasks of the customer is a clear and competent distribution of functional responsibilities between individual members of the contract service, and in case of insufficient qualification of some employees, organize its improvement and a training program in the field of procurement.

1. Contract service according to 44-FZ is

Contract service- it is more a function than a subdivision that carries out purchases for the needs of the state and municipalities. Such a service operates under the Regulation on contract service, which is based on the Model Regulation on contract service and was adopted by the Ministry of Economic Development in order number 631 dated 10/29/13.

The customer can create such a service in the event that the annual purchase volume in accordance with the schedule is more than 100 million rubles, then it is regulated by part 1 of article 38 in 44 of the Federal Law. If the Customer does not create a contract service and the annual volume of purchases is more than 100 million rubles, then he must appoint a contract manager - this is regulated by part 2 in article 38 of 44 of the Federal Law.

The customer is not obligated to create a special unit, since the contract service has the right to exist without one, which is regulated by part 1 in article 38 of the Law at number 44. But in this case, the customer undertakes to approve the staff on an ongoing basis, which will perform the functions of this service, in its this queue is regulated by subparagraph 2 in paragraph 6 of the Model Provision.

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2. Regulations on contract service under 44-FZ

The contract service operates and is governed by the main regulation, which was drawn up on the model of the approved Model Regulation.
In this provision, the company must prescribe the functions and rights of this service. And also indicate the order in which the service will be formed and how it will work, that is, they are written:

Rules for the selection of suppliers and contractors;
Methods in accordance with which the purchase will be planned and justified;
The procedure for signing the contract;
Other items from among procurement activities.

3. The procedure for creating a contract service according to 44 Federal Laws

When creating a contract service, the Customer must independently determine and approve the number and structure. There is one rule here, this service cannot consist of less than 2 people.

Ways to create a contract service

To create a contract service, you need to choose one of two methods:

1. Create a separate structural unit (either on the basis of an existing one, or create a new such unit)

2. Approve the permanent staff of employees who will perform the functions of the contract service, while creating a separate unit is not required.

When creating a contract service, you need to prepare these documents:

In cases where the annual volume of purchases did not exceed 100 million rubles and the Customer does not have a contract service, then he is OBLIGED to appoint a contract manager.

Contract Manager- this is a person who holds the relevant position and is responsible for the implementation of one or more purchases, as well as the implementation of contracts - this regulates part 2 in article 38.

Stages of creating a contract service

In order to create a contract service, you need to perform the following preparatory steps:

Stage 1. Study of legal acts on the FCC;

Stage 2. Direct creation of a contract service or appointment of a contract manager;
Stage 3. Send assigned workers for training;
Stage 4. To develop and approve a new regulation on commissions.

Contract service models

So let's summarize the information above. Within the framework of Federal Law No. 44, only 3 models of contract service are offered:

1. Service with a special structural unit;

2. Service without a special structural unit;
3. Appointment of a manager.

4. Powers and obligations of the contract service under 44-FZ

Based on part 4 in article 38, the list of powers of the contract service consists of:

In addition to the above powers, article 38 also prescribes the duties of employees, such as:

The law provides for the possibility of centralizing procurement by creating a special body that will determine Suppliers and Customers - which is regulated by part 1 in article 44-FZ 26. But all other actions that are carried out in the procurement process must be performed by the Customer and his contract service. But the service is still responsible only within the framework of its powers - which regulates part 5 in article 38 of the 44-FZ.

5. The composition of the contract service of the customer and the head.

We have already said earlier that the Customer independently approves the structure and number of employees of the contract service, not forgetting that there must be at least 2 of them.

It does not matter which of the forms the Customer chooses, he undertakes to appoint a manager. If this contract service is created in the form of a separate structural unit, then it should be headed by the head of this unit. If the contract service is not created on the basis of any subdivision, then either the head of the Customer or his deputy should head it.

Please note that when individual employees are included in the service in connection with a change or expansion of their functions, as a result of which changes in the employment contract, this can only occur with the consent of these employees, while changes should be made to their job descriptions .

The rules for contract service are established by the Ministry of Economic Development and regulated in Part 3, Article 44, Part 3 of the Federal Law. This document contains additions to the main resolution in the following information:

General position: purpose and condition of creation, the legislative framework, operating principle, structure, strength and responsibility;
Powers in the performance of official duties and functions;
The responsibility of the employees.

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As a result of studying the chapter, the student must:

know

general provisions on the organization and activities of the contract service and the contract manager;
main functions and powers of the contract service and the contract manager;
basic requirements for contract service employees, contract manager;

be able to

determine the feasibility or necessity of creating a contract service or the position of a contract manager;
determine the job responsibilities of contract managers;

own

the skill of developing a provision (regulation) on contract service (activities of a contract manager);
the skill of forming a contract service, selecting a contract manager.

The procedure for organizing activities, the conditions for choosing between the creation of a contract service and the appointment of a contract manager are provided for in Art. 38 of the Law on the contract system. The essence of the activities of the contract service and the manager is the same, it consists in ensuring planning, procurement and support for the execution of the contract.

The contract service is a set of officials of the customer (combined into a separate structural unit or in different divisions) performing the functions of carrying out all purchases of the customer under the general management. That is, the creation of several contract services for one customer, as well as the appointment of a person who is not an official of the customer to the contract service, is not provided. The head of the contract service can be the head of the unit (when creating a separate unit) or the head of the customer (deputy head). The contract manager is an official of the customer responsible for planning, procurement (one, several), execution of contracts (one, several).

In addition to the general functionality implemented by the contract service, contract managers also have common requirements for their vocational training. Mandatory requirements for the level of education are clarified in the Letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070. During the transition period (until January 1, 2017), higher professional education (in any field, including procurement) or additional professional education in the field of procurement. From January 1, 2017, the requirements include higher professional education in the field of procurement or additional professional education in the field of procurement.

The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. It reflects the main purpose of the type professional activity which consists in the control and management of procurement for the effective and efficient use of funds allocated to meet state, municipal and corporate needs. In particular, groups of classes are identified, labor functions and their characteristics in accordance with the qualification level.

The working document on the creation and organization of the activities of the contract service is the Standard Regulations (regulations) on the contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631. The obligation to create a contract service arises from the customer if the SGOZ exceeds 100 million rubles, in other cases the customer has the right to create a service or appoint a manager. Thus, the customer must annually determine the need to create a service when determining the SSS. Since the contract manager, in fact, replaces the activities of the contract service (when the customer is not obliged to create it), we can talk about the unity of functions and powers between them, although this is directly legal regulations not provided.

The issue of determining the structure and number of members of the contract service is the responsibility of the customer, the only point is that it must include at least two people (clause 7 of the Model Regulations). In the case of complex centralization of procurement, the customer transferring to the authorized organization (authorized institution) the functions of planning procurement, identifying suppliers, concluding government contracts, and executing them, nevertheless, is obliged to create a contract service, since the authority to conduct claim work is retained by the customer.

Measures aimed at preventing conflicts of interest and the emergence of corruption risks mainly relate to the activities of the head of the contract service. In particular, the procurement participant may be excluded from participation in the procurement if the procurement participant (head of the participant) is married to the head of the contract service or is his close relative, adoptive parent or adopted child (paragraph 9 of part 1 and part 9 of article 31 contract law). Also, a close relative, adoptive parent or adopted head of the contract service cannot be involved in the examination (part 2 of article 41 of the Law on contract service). The contract manager is subject to restrictions similar to the restrictions on persons associated with the head of the contract service. In order to avoid a conflict of interest, the head of the contract service should optimize the distribution of duties and personal responsibilities between employees, for example, by establishing a ban on combining the functions of a contract service employee and the customer's commission.

To organize the activities of the contract service, the customer generates and approves three documents - an order (another type of document is possible), a regulation on the contract service and job descriptions (regulations) of the head, employees of the contract service. Attention should be paid to the date of approval of the order - no later than the beginning of the financial year (if the SSS exceeds the established limit of 100 million rubles), and if the limit is exceeded during the financial year, the order is approved no later than the date of bringing the decision on approval of additional funding. To organize the activities of a contract manager, the customer also needs to form and approve an appointment order and a job description (regulation). It is also advisable to reflect the functions and powers of the head, contract service employees, contract manager in the employment contract.

The main functions and powers of the contract service and the contract manager are (the composition changes with the centralization of procurement):

development and placement in the EIS of a plan, a procurement schedule, preparation and placement of changes made to them;
preparation and placement in the EIS of a notice, procurement documentation;
preparing and sending an invitation to participate in the selection of suppliers by closed methods;
ensuring the implementation of procurement, including the conclusion of a contract;
provision of explanatory work, provision of documents and information on procurement by bodies (organizations) exercising control in the field of procurement, departmental, public control;
preparation of documents and participation in claim work;
organizing and participating in consultations with suppliers;
performance of other powers provided for by the regulations (regulations).

It is important to know

Based on the purpose of creating a contract service, the appointment of a contract manager (ensure planning, procurement, support for the conclusion and execution of the contract), it follows that they are obliged to ensure the fulfillment of all the powers of the customer provided for by the Law on the contract system. And although their functions and powers are defined in the Model Provision (clauses 13-17), the details of the content of such functions and powers are currently absent and left to the discretion of the customer.

The head, employees of the contract service, the contract manager, found guilty in the prescribed manner of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, bear responsibility, including administrative, disciplinary, civil law, criminal.

As part of the implementation of administrative proceedings, the contract service, the contract manager are obliged to fulfill the instructions (on the elimination of violations), submissions (on the elimination of the causes and conditions for the commission of the offense). It should be noted that they bear administrative responsibility as officials. Bringing to disciplinary responsibility is carried out for the admission of violations of the law, improper performance of their duties in accordance with the legislation on labor and types of state and municipal service. The application of measures of civil liability is carried out according to common grounds, for example, on claims for compensation for harm caused to third parties as a result of illegal actions (inaction). With such a requirement, the customer may come out in the order of recourse of claims to employees of the contract service, the contract manager. Criminal liability arises for the culpable commission of unlawful socially dangerous acts, the responsibility for which is provided for by the Criminal Code of the Russian Federation, in particular, such elements of crime as restriction of competition (Article 178), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Art. 183), abuse of power (art. 201).

Control questions

1. Is it possible for one customer to create several contract services? Justify the answer.
2. Is it possible to perform the functions of a contract service of an executive authority by a contract service of a subordinate state institution?
3. What do you know about the principles of the contract service when planning and making purchases?
4. What is the value of the total annual volume of purchases in the formation of a contract service by the customer?
5. Is the simultaneous activity of a contract service and a contract manager for one customer legal?
6. What are the features of the activities of the contract manager in the centralization of procurement?
7. What forms of organization of contract service do you know? Which one do you think is the most effective?
8. What are the options for formalizing the employment relationship of employees of the contract service, the contract manager?
9. Is it possible to combine the duties of a contract service employee (contract manager) and a member of the customer's procurement commission?
10. What are the functions of the head of the contract service?

Tests

1. The customer is obliged to establish a contract service in accordance with the Contract System Law if:
- a) the total annual volume of purchases exceeds 100 million rubles;
- b) the total annual volume of purchases does not exceed 100 million rubles;
- c) a special structural subdivision has been created that performs the functions and powers to determine the supplier (contractor, performer);
- d) the total annual volume of purchases does not exceed 100 million rubles. and a special structural subdivision was created, which performs the functions and powers to determine the supplier (contractor, performer).
2. Is the customer obliged, in accordance with the rules on the contract system, to create a special structural unit that exercises the functions and powers to determine the supplier (contractor, performer)?
a) yes, you must;
b) yes, it is obliged, if it makes purchases at the expense of the federal budget;
c) no, not required;
d) no, it is not required if it makes purchases at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.
3. Determine the correct statement:
- a) the contract manager is not an employee of the customer and performs duties in accordance with the terms of the civil law contract;
- b) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the civil law contract;
- c) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of the employment contract and civil law contract;
- d) the contract manager is an appointed official of the customer and exercises powers in accordance with the terms of an employment or civil law contract.
4. The contract manager is responsible for:
- a) for making a purchase or several purchases;
- b) for the implementation of each purchase and the execution of each contract;
- c) for the implementation of a purchase or several purchases and the execution of each contract;
- d) for the implementation of each purchase and the execution of each contract, for which the contract service is not responsible.
6. The customer, in accordance with the Law on the contract system, cannot involve employees of the contract service and the contract manager:
- a) as an expert in the examination of the design documentation;
- b) as an expert when accepting the results of the execution of the contract;
- c) as a member of the unified commission of the customer;
- d) all answers are wrong.
7. When centralizing procurement in accordance with the Law on the contract system, the contract service, the contract manager:
- a) exercise powers, including control over the execution of powers transferred to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
- b) exercise powers not delegated to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers);
- c) exercise powers, including control over the execution of powers transferred to the relevant authorized body, authorized institution, which exercise the powers to determine suppliers (contractors, performers) only within the development and placement of procurement documentation;
- d) there is no correct answer.
8. When centralizing procurement, the contract service, the contract manager are responsible for:
- a) only within the limits of their powers;
- b) within the powers exercised by them and the powers transferred to the authorized body, authorized institution, since they control their execution;
- c) only within the limits of their powers, if they are expressly specified in the employment contract;
- d) there is no correct answer.
9. The contracting authority shall appoint a contract manager in accordance with the Contract System Law if:
- a) the total annual volume of purchases of the customer does not exceed 100 million rubles;
- b) the total annual volume of purchases of the customer does not exceed 100 million rubles. and such a customer has not created a contract service;
- c) the total annual volume of purchases of the customer does not exceed 150 million rubles;
- d) the total annual volume of purchases of the customer does not exceed 150 million rubles. and such a customer has not created a contract service.
10. What qualifications should contract service workers, a contract manager have?
a) higher economic or legal education, work experience in the field of procurement for at least two years;
b) higher education in the direction (specialty) "State and municipal government» and additional professional education in the field of procurement;
c) higher education or additional professional education in the field of procurement, work experience in the field of procurement for at least two years;
d) no correct answer.

See: Unified qualification directory of positions of managers, specialists and other employees.
The contract service operates in accordance with the regulation (regulation): a) approved by the federal executive body on the regulation of the contract system in the field of procurement; b) developed and approved by the federal executive body for the regulation of the contract system in the field of procurement; c) developed by the customer and approved by the federal executive body for regulating the contract system in the field of procurement; d) developed and approved by the customer.

Contract service under 44 fz expert opinion. Functions, rights and obligations of the contract service (contract manager)

Contract service structure

Contract manager under 44-FZ

The functions prescribed in Art. 38 of Law No. 44-FZ

Requirements for contract service employees

What are the requirements for contract managers employers

Appendix N 1. On the form

On the creation of a contract service

Annex N 1. REGULATIONS on contract service

I. General provisions

III. Responsibility of persons included in the contract service

Appendix N 1. Distribution of functions and official powers between persons who are part of the contract service (approximate)

Economic department (responsible person ---)

Legal Department (responsible person ---)

Accounting (responsible person ---)

Information department (responsible person ---)

Appendix N 2. The procedure for interaction of the contract service with other units

Application. MEMO

Appendix No. 2

Annex N 2

I. General provisions

II. Functions, powers, duties of the contract service

III. Responsibility of contract service workers

Appendix N 3. On the form

On the appointment of a contract manager

Application. Standard provision (regulation) on the contract manager

I. General provisions

II. Procedure for appointing a contract manager

III. Functional responsibilities of a contract manager

IV. Functions, powers, duties of a contract manager

V. Responsibility of the contract manager

The procedure for creating a contract service

Forms of organization of the CC

Functions and tasks of the contract service

Main functions

Responsibilities

Customer commissions

Ensuring the system of procurement procedures with qualified personnel

2. Regulations on contract service under 44-FZ

3. The procedure for creating a contract service according to 44 Federal Laws

Ways to create a contract service

Stages of creating a contract service

Contract service models

4. Powers and obligations of the contract service under 44-FZ

5. The composition of the contract service of the customer and the head.

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