Regulations on the contract service 44 FZ. Contract Service Regulation

30.09.2019

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Text of the document

Approved
Order of the Ministry of Economic Development
Russia
from "" ___________ 20__
№ ___

Typical position (Regulation)
contract service

I. General provisions

1.1. The contract service is a structural division of the Customer, established in order to ensure the implementation of procurement, the cumulative annual volume of which in accordance with the schedule plan exceeds one hundred million rubles.

1.2. This Typical Provision (Regulation) (hereinafter referred to as the Regulation) establishes the procedure for the formation and powers of the Contract Service in the implementation of the procurement of goods, works, services to provide state or municipal needs, including during the procurement planning, definitions of suppliers (contractors, performers), conclusion and execution of contracts.

1.3. The contract service is guided by:

Constitution of the Russian Federation;

Civil code of the Russian Federation;

Budget Code of the Russian Federation;

Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services for state and municipal needs";

other regulatory legal acts;

this Model Regulations.

1.4. The main principles of the contractual service in the implementation of the purchase of goods, work, services to ensure state or municipal needs are:

professionalism is the involvement of qualified specialists who have 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 gratuitous access to information on the actions committed by the contractual service aimed at ensuring state and municipal needs, including the methods of procurement and their results. Openness and transparency of information are provided, in particular, by posting full and reliable information in a unified information system in the field of procurement;

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

1.5. Concepts, terms and abbreviations used in the present position are used in the values \u200b\u200bdefined by the Federal Law of April 5, 2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs."

1.6. The information specified in this position is placed in a unified information system in the field of procurement.

II. The procedure for the formation of the contract service

2.1. The structure and number of contractual service is determined and approved by the Customer.

The appointment for the position and liberation from the post of employee of the contract service is allowed only by solving the customer.

2.2. The contract service includes at least two people - employees (officials) of the contract service from among the customer employees. The contract service is headed by the head of the contract service, appointed and exempted by the customer.

2.3. Contract service workers should have a higher education or additional vocational education in the field of procurement [*].

2.4. Employees of the contractual service cannot be individuals personally interested in the results of the procedures for the definition of suppliers (contractors, performers), as well as which are directly carrying out control in the sphere of procurement by officials of bodies authorized to carry out such controls.

2.5. In the case of identifying as part of the contract service of these persons, the Customer must immediately free these officials of the contract service from the position held and appoint a person to the vacant position, complying with the requirements of the Federal Law of April 5, 2013 No. 44-FZ "On the Contract System of Procurement Procurement , works, services for providing state and municipal needs "and this Regulation.

III. Functions and powers of the contract service

3.1. The contract service carries out the following functions and powers:

3.1.1. Develops a procurement plan;

3.1.2. Provides preparation of changes to the procurement plan;

3.1.3. Places in a single information system a procurement plan and changes made to it;

3.1.4. Develops a schedule;

3.1.5. Provides preparation of changes for making a schedule,

3.1.6. Places a schedule in a single information system and changes made to it;

3.1.7. Definition and justification of the initial (maximum) contract price;

3.1.8. Provides preparation and accommodation in a unified information system for the implementation of procurement;

3.1.9. Provides preparation and accommodation in a unified information system for procurement and project projects;

3.1.10. Provides preparation and direction of invitations to take part in the definition of suppliers (contractors, performers) closed methods;

3.1.11. Provides procurement, including contracting;

3.1.12. Participates in consideration of cases about appealing the results of the definition of suppliers (contractors, performers);

3.1.13. Provides preparation of materials to perform claims;

3.1.14. Organizes consultation with suppliers (contractors, performers) and participate in such consultations in order to determine the state of the competitive environment in the relevant markets of goods, works, services, the definitions of the best technologies and other solutions to provide state and municipal needs;

3.1.15. Carries out other powers stipulated by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services for state and municipal needs."

3.2. In order to implement the functions and powers specified in paragraph 3.1 of this Regulation, the officials of the contractual service are required:

3.2.1. Know and be guided in its activities with the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the sphere of procurement of goods, works, services to provide state and municipal needs and this provision;

3.2.2. Do not allow the disclosure of information that was known to them in the course of the procedures for determining the supplier (contractor, contractor), except for cases directly stipulated by the legislation of the Russian Federation;

3.2.3. Maintain the level of qualification necessary to properly execute their job duties;

3.2.4. Do not negotiate with procurement participants prior to identifying the winner of the provider's definition (contractor, contractor) procurement procedures, except for cases directly stipulated by the legislation of the Russian Federation;

3.2.5. Observe other obligations and requirements established by the Federal Law of April 5, 2013 No. 44-FZ "On the contracting system in the field of procurement of goods, works, services for state-owned and municipal needs."

3.2.6. If necessary, to attract experts to their work, expert organizations in accordance with the requirements provided for by the Federal Law of April 5, 2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" and other regulatory legal acts;

3.3. When centralizing procurement provided for by the Federal Law on April 5, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services for state and municipal needs", the contract service provides functions and powers provided for in paragraphs 3.1-3.2 of this Regulation and not transferred to the relevant authorized authority, an authorized institution that exercise authority to determine suppliers (contractors, performers).

3.4. Contract service leader:

3.4.1. Distributes the duties between employees of the contract service;

3.4.2. Submits a proposal for the appointment and exemption from the post of contractual service workers;

3.4.3. Decides in accordance with this Regulation, issues within the competence of the contract service;

3.4.4. Coordinates within the competence of the contractual service work of other structural divisions of the Customer;

3.4.5. Carries out other powers provided for by the internal documents of the Customer.

IV. Responsibility of contract service employees

4.1. Actions (inaction) of contractual service workers, including the head of the contract service, can be appealed in court or in accordance with the procedure established by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the sphere of purchases of goods, works, services To provide state and municipal needs, "in the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

4.2. Employees of the contractual service, guilty of violation of the legislation of the Russian Federation, other regulatory legal acts on the contracting system in the field of procurement, as well as the provisions of this Regulation, are subject to disciplinary, civil-law, administrative, criminal liability in accordance with the legislation of the Russian Federation.

4.3. The employee of the contract service, who admired the violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the sphere of the procurement of goods, works, services to provide state and municipal needs can be removed from the customer's decision.

[*] Until January 1, 2016, the employee of the contract service may be a person who has a vocational education or additional professional education in the field of placing orders for the supply of goods, the performance of work, the provision of services for state and municipal needs.

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Project

Approved
order of the Ministry of Economic Development of Russia
from "___" ___________ 20__ years N ___

I. General provisions

1.3. The contract service is guided by:

Constitution of the Russian Federation;

Civil code of the Russian Federation;

Budget Code of the Russian Federation;

;

other regulatory legal acts;

this Model Regulations.

1.4. The main principles of the contractual service in the implementation of the purchase of goods, work, services to ensure state or municipal needs are:

professionalism is the involvement of qualified specialists who have 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 gratuitous access to information on the actions committed by the contractual service aimed at ensuring state and municipal needs, including the methods of procurement and their results. Openness and transparency of information are provided, in particular, by posting full and reliable information in a unified information system in the field of procurement;

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

1.5. The concepts, terms and abbreviations used in the present position are used in the values \u200b\u200bdefined by the Federal Law of April 5, 2013 N 44-FZ "On the contracting system in the sphere of procurement of goods, works, services for providing state and municipal needs."

1.6. The information specified in this position is placed in a unified information system in the field of procurement.

II. The procedure for the formation of the contract service

2.1. The structure and number of contractual service is determined and approved by the Customer.

The appointment for the position and liberation from the post of employee of the contract service is allowed only by solving the customer.

2.3. Employees of the contractual service should have a higher education or additional vocational education in the field of procurement *.

________________

* Until January 1, 2016, a contractual employee may be a person who has a vocational education or additional professional education in the field of placing goods for the supply of goods, the performance of work, the provision of services for state and municipal needs.

2.5. In the case of identifying as part of the contract service of these persons, the Customer must immediately release these officials of the contract service from the post office and appoint a person to the vacant position with the requirements of the Federal Law of April 5, 2013 N 44-FZ "on the contract system in the sphere of goods procurement, Works, services for state and municipal needs "and this Regulation.

III. Functions and powers of the contract service

3.1. The contract service carries out the following functions and powers:

3.1.1. Develops a procurement plan;

3.1.2. Provides preparation of changes to the procurement plan;

3.1.3. Places in a single information system a procurement plan and changes made to it;

3.1.4. Develops a schedule;

3.1.5. Provides preparation of changes to the schedule in the schedule;

3.1.6. Places a schedule in a single information system and changes made to it;

3.1.7. Definition and justification of the initial (maximum) contract price;

3.1.8. Provides preparation and accommodation in a unified information system for the implementation of procurement;

3.1.9. Provides preparation and accommodation in a unified information system for procurement and project projects;

3.1.10. Provides preparation and direction of invitations to take part in the definition of suppliers (contractors, performers) closed methods;

3.1.11. Provides procurement, including contracting;

3.1.12. Participates in consideration of cases about appealing the results of the definition of suppliers (contractors, performers);

3.1.13. Provides preparation of materials to perform claims;

3.1.15. Carries out other powers stipulated by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the sphere of procurement of goods, works, services for providing state and municipal needs."

3.2. In order to implement the functions and powers specified in paragraph 3.1 of this Regulation, the officials of the contractual service are required:

3.2.3. Maintain the level of qualification necessary to properly execute their job duties;

3.2.5. Observe other obligations and requirements established by the Federal Law of April 5, 2013 N 44-FZ "On the Contract System in the Sphere of Procurement of Goods, works, services for providing state and municipal needs."

3.2.6. If necessary, to attract experts to their work, expert organizations in accordance with the requirements provided for by the Federal Law of April 5, 2013 N 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" and other regulatory legal acts;

3.3. When centralizing procurement provided for by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for state-owned and municipal needs", the contract service provides functions and powers provided for in paragraphs 3.1-3.2 of this Regulation and not transferred to the relevant authorized authority, an authorized institution that exercise authority to determine suppliers (contractors, performers).

3.4. Contract service leader:

3.4.1. Distributes the duties between employees of the contract service;

3.4.2. Submits a proposal for the appointment and exemption from the post of contractual service workers;

3.4.3. Decides in accordance with this Regulation, issues within the competence of the contract service;

3.4.4. Coordinates within the competence of the contractual service work of other structural divisions of the Customer;

3.4.5. Carries out other powers provided for by the internal documents of the Customer.

IV. Responsibility of contract service employees

4.1. Actions (inaction) of contract service workers, including the head of the contract service, can be appealed in court or in accordance with the procedure established by the Federal Law of April 5, 2013 N 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works Service for Providing state and municipal needs, "to the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

Explanatory note to the project of the Order of the Ministry of Economic Development of Russia "On Approval of the Model Provision (Regulation) on the Contract Service"

The order of the order was developed in accordance with Part 3 of Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" (Meeting of the Legislation of the Russian Federation, 2013, N 14 , Article 1652).

The present typical position (regulation) establishes the procedure for the formation and powers of the contractual service in the implementation of the procurement of goods, works, services to provide state or municipal needs, including at the stage of procurement planning, the definition of suppliers (contractors, performers), the conclusion and execution of contracts.

Electronic document text
prepared CJSC Codex and drilled by:
Unified Information Disclosure Portal
on the preparation of federal bodies
executive projects
regulatory legal acts
and the results of their public discussion
http://regulation.gov.ru.
as of October 29, 2013

All institutions carrying out purchases more than 100 million rubles per year must form contractual services. Create special structural units is not necessary.

The work of the contract service is governed by the Termination Regulations, which should be compiled according to the pattern of the adopted standard position.

The Regulations on the Contract Service of the Organization registers the functions and rights of the contract service. The procedure for the formation and operation of the contract service in the sphere of procurement is indicated, the rules for choosing contractors are indicated, the methods of planning and justifying the procurement are prescribed, the procedure for concluding contracts and other times of procurement activities.

(Name of the institution,

organizations)

POSITION

about contract service

Approve

from

№

(Head of the Organization; A NO Officer

commissioner assert

job description)

(signature)

(surname, initials)

POSITION

about the contract service in the sphere of procurement of goods, works, services to ensure

1. General Provisions

1.1. This Regulation on the contract service in the sphere of procurement of goods, works, services to ensure the needs ______________________ (hereinafter referred to as the Regulation) establishes the procedure for the creation and functioning of the Contract Service in the implementation of the procurement of goods, works, services for providing state or municipal needs, including at the planning stage Procurement, definitions of suppliers (contractors, performers), crying and execution of contracts.

1.2. The contract service is created in order to ensure the implementation of ______________________ (hereinafter referred to as the customer) of the procurement of goods, works, services to ensure the needs of the customer (hereinafter referring to the purchase).

1.3. Contract service in its activities is guided
Constitution of the Russian Federation, civil law, budget legislation of the Russian Federation, federal law
from April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services for providing state and municipal needs"
(hereinafter - the Law), other regulatory legal acts, including this Regulation.

1.4. The basic principles of the creation and operation of the activities of the contractual service in the implementation of procurement are:

professionalism is the involvement 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 access to information on the actions committed by the Contract Service aimed at ensuring state and municipal needs, including the methods of procurement and their results;

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

1.5. The structure and number of contractual service is determined and approved by the Customer. At the same time, the contractual service includes at least two people - officers of the contract service.

The appointment and exemption from the position of the employee of the contractual service is allowed only by decision of the head of the customer or the person who performs his duties.

Contract service is headed by the head of the contract service.

1.6. The officials of the contractual service should have a higher education or additional professional education in the field of procurement or vocational education or additional professional education in the field of placing orders for the supply of goods, work, the provision of services for state and municipal needs.

1.7. Officials of the Contract Service cannot be individuals personally interested in the results of the definition of suppliers (contractors, performers), as well as the persons of the procurement control bodies directly carrying out control in the field of procurement in accordance with the law. In the event of an official of the contract service, which can lead to personal interest in the results of the definition of suppliers (contractors, performers), such a person is obliged to inform the customer's head in writing in order to exclude it from the contract service.

1.8. In the case of identification of the contractual service of those specified
In paragraph 1.7 of this Regulation, the Customer is obliged to immediately release these officials from the performance of responsibilities and impose them to another official corresponding to the requirements of the Law and this Regulation.

II. Functions and powers of the contract service

2.1. The contract service carries out the following functions and powers.

2.1.1. When planning purchases:

develops a procurement plan;

organizes consultation with suppliers (contractors, performers) and participates in such consultations in order to determine the state of the competitive environment in the relevant markets of goods, works, services, the definitions of the best technologies and other solutions to provide state and municipal needs;

provides preparation of changes to the procurement plan;

organizes the approval of the procurement plan;

accommodates in a unified information system in the sphere of procurement (hereinafter - a unified information system) Procurement plan and changes made to it;

develops a schedule;

provides preparation of changes to the schedule in the schedule;

organizes the assertion of the plan schedule;

places a schedule in a single information system and changes made to it;

organizes a compulsory public discussion of the purchase of goods, work or services in cases provided for by law;

according to the results of the compulsory public discussion of the purchase of goods, work or services, if necessary, makes changes to procurement plans, schedule plans, procurement documentation or organizes the abolition of procurement;

determines and justifies the initial (maximum) contract price;

2.1.2. When determining suppliers (performers, contractors):

provides preparation and accommodation in a unified information system for the implementation of procurement;

provides preparation and accommodation in a unified information system of documentation on procurement and draft contracts, amending the procurement documentation;

provides preparation and direction of invitations to take part in the definition of suppliers (contractors, performers) closed methods;

2.1.3. When execution, change, termination of the contract:

provides procurement, including contracting;

participates in consideration of cases about appealing the results of the definition of suppliers (contractors, performers);

purses the preparation of materials for the implementation of claims.

2.2. The contract service carries out other powers provided for by law.

2.3. In order to implement the functions and powers specified in paragraph 2.1 of this Regulation, the officials of the contractual service are required:

1) prevent disclosure of information that was known to them in the course of the procedures for determining the supplier (contractor, contractor), except for cases directly stipulated by the legislation of the Russian Federation;

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

3) Do not negotiate with procurement participants until the winner of the provider's definition (contractor, contractor) of procurement procedures, except for cases directly stipulated by the legislation of the Russian Federation;

4) if necessary, to attract experts to their work, expert organizations in accordance with the requirements provided for by law and other regulatory legal acts;

5) comply with other obligations and requirements established by law.

2.4. When centralizing the procurement provided for by the provisions of the Law, the contract service provides functions and powers stipulated by paragraphs 2.1-2.2 of this Regulation and not transferred to the relevant authorized authority, an authorized institution that exercise authority to define suppliers (contractors, performers).

2.5. Contract service leader:

2.5.1. Distributes the duties between employees of the contract service;

2.5.2. Submits a proposal for the appointment and exemption from the post of contractual service workers;

2.5.3. Coordinates within the competence of the contractual service work of other structural divisions of the Customer;

2.5.4. Carries out other powers provided by law.

III. Responsibility of contract service employees

3.1. Any procurement participant, as well as publicized public associations, 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 law, to the control body in the field of procurement (inaction) of the contractual service officials, contractual The manager, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

3.2. The officials of the contractual service, guilty of violation of the law, other regulatory legal acts provided for by law, as well as the norms of this Regulation, are subject to disciplinary, civil-law, administrative, criminal liability in accordance with the legislation of the Russian Federation.

File: Contract Service Regulations

"Ask the Council is the greatest trust, which one person can render another."

In the case of the absence of a contract service at the customer and, if the total volume of procurement per year does not exceed 100 million rubles, the Customer is appointed by an officer responsible for purchasing or several purchases, including the execution of each contract - the Contract Manager.

The contract manager performs functions and powers named in compliance with parts 4 and 5 of Article 38 of the Law 44-FZ:

The contract manager should have a higher education or additional professional education in the field of procurement (until 01.01.2017, the contract manager may be a person who has a vocational education or additional professional education in the area of \u200b\u200bplacing orders for the supply of goods, work, the provision of services for state and municipal Needs.)

To appoint a contract manager, you need to make an order for the appointment of the contract manager. The sample of the contract manager can be downloaded below.

The sample of the contract manager can be downloaded below.
If you need help from experts, then lawyers of the Great Council Group of Companies will provide a full range of services in the field of competitive procurement.

Customers: with customer services can be found in this section.
Suppliers: With services for suppliers can be found in this section.
Training: with the services of a training center can be found in this section.

Creating a contract service for 44-ФЗ

One of the requirements of the Federal Law No. 44-FZ is to create a contract service, or the appointment of the contract manager. What is the contract service and what to make the Commission to the Customer, try to figure out our article.

Creating a contract service

The contract service is, rather, the placed functionality than the name of the procurement division for state and municipal needs. The contract service is valid on the basis of a decorated provision on the contract service (regulations), which is developed on the basis of the Terminal Regulations on the Contract Service, approved by the Order of the Ministry of Economic Development No. 631 of October 29, 2013.

The customer's contract service is created if the cumulative annual procurement volume, in accordance with the schedule, exceeds 100 million rubles (part 1 of Art. 34 44-FZ). If the customer does not have a contract service and with a vegetable annual volume of purchases of the customer does not exceed 100 million rubles, it is assigned to an ontractive manager (part 2 of article 38,44-ФЗ).

It is not necessary to create a special structural unit: the contract service can also work without the formation of this (part 1 of article 38 of the Law N 44-FZ). In the latter case, the Customer must approve the permanent composition of the staff that perform the functions of the contract service (PP. 2 of paragraph 6 of the Model Provision).

Management of state and municipal procurement is an online course for contract managers, specialists of contract services and procurement commissions. Additional professional advanced training program developed on the basis of the requirements of the professional standard "Specialist in the Procurement Society".

Question: Can one customer create several contract services?

Answer: Law No. 44-FZ, as well as by order of the Ministry of Economic Development of Russia of October 29, 2013 No. 631, is not provided for by the right of the Customer to create several contract services. Consequently, the customer is not entitled to create several contract services.

Customer's Contract Service

The customer must independently approve the structure and determine the number of contract service staff, given that it cannot consist of less than two people (paragraph 7 of the Model Provision).

Regardless of what form a contract service is created, the Customer must appoint its head (paragraph 9 of the Model Provision). If the contract service is created in the form of a separate structural unit, it is headed by the head of this unit. The contract service without the formation of a separate unit is headed by the head of the customer or one of his deputies.

Important! If the inclusion of individual employees, the contractual service is associated with a change or expansion of their labor function, and, consequently, with a change in the employment contract, this inclusion can be carried out only with the consent of these employees and subject to appropriate changes to their job descriptions.

Question: Does the Customer have the right to include a person in the contract service (appoint a contract manager) on the basis of a civil-legal contract (GPC contract)?

Answer: No, not entitled. According to Part 2 of Art. 38 of Law No. 44-FZ Contract managers can only be the official of the customer. That is, the functions of the contract service staff cannot be assigned to persons who are not in labor or official relations with the customer. With this opinion I agree to the Ministry of Economic Development of Russia in the letter dated January 31, 2014 № OG-D28-834.

Requirements for the formation of contract service staff

Of the Ministry of Economic Development of Russia in P and ICMA No. OG-D28-15539 clarified that P Testing on January 1, 2017, all employees of the contract service should have either higher education (excluding profile), or additional vocational education in the field of procurement (letters of the Ministry of Economic Development Russia dated 04/06/2016 № D28I-841, from 05/13/2016 № D28I-1220). In a joint letter of the Ministry of Economic Development of Russia No. 5594-It / D28I, the Ministry of Education and Science of Russia No. AK-553/06 dated 12.03.2015 "On the direction of guidelines" there is a recommendation to establish a minimum term for the development of additional professional programs, regardless of the training technologies used for at least 108 hours ( p. 2.3 Methodical Recommendations).

Requirements for the level of education of the members of the Commission on the implementation of procurement less strict. The Commission on Procurement Commission includes:

persons who have passed professional retraining or advanced training in the field of procurement,
persons with special knowledge belonging to the procurement object.

That is, the Customer may include those who do not have higher education or additional vocational education in the field of procurement, but with special knowledge relating to the procurement facility (letters of the Ministry of Economic Development of Russia dated 09/23/2013 No. D28I-1070, . 1 letters of the Ministry of Economic Development of Russia from 22.05.2014 N D28I-777).
The question of the need for training and professional development of employees is solved by the customer independently (a letter of the Ministry of Economic Development of Russia dated April 29, 2016 No. D28I-1129).
A document confirming the availability of vocational education (secondary or higher) is a diploma, and raising or assigning qualifications on the results of additional professional education is confirmed by a certificate of advanced training or a diploma of professional retraining (part 7, part 10 of Art. 60 of the Education Law) .

Order on the creation of the customer's contract service

The organization decided to establish a contract service. The form of such a decision by law No. 44-FZ is not established. As a rule, it is drawn up in the form of an order: in an arbitrary form, on a paper carrier.

What you must specify in the order:

surname, first name, patronymic, position of head of the contract service;
the structural unit on which the contractual services, or the surname, names, patronymic personnel, the positions of contractual service are imposed;
the term of preparation by the head of the contractual document of documents (official regulations, instructions, etc.), which determine the duties and personal responsibility of the contract service staff (paragraph 10 of the Model Provision).

Who is: authorized officer.

Who claims: Customer's head or their authorized person.

Approval term: No later than the beginning of the fiscal year, in which the cumulative annual volume of purchases (CZOZ) of the customer will exceed 100 million rubles. If CGOs exceeds the specified amount as a result of the approval of additional funding from the customer, no later than the date of bringing an appropriate decision (part 1 of Art. 38 of Law No. 44-FZ).

What is the contract service and contract manager

The contract service and the contract manager carry out the organization of the entire procurement cycle for the needs of the Customer: from planning to fulfill all obligations under the contract, including the payment of the goods provided for the services provided.

At the stage of procurement planning, the contract service (contract manager) is developing a procurement plan, a procurement schedule, makes changes, places documentation in the EIS. In addition, the contract service provides the preparation of the rationale for procurement, determines and justifies the NMC, the contract prices concluded with the only supplier.

Contract service functions when defining suppliers:

the choice of the method, clarification of the NMC, the organization of preparation of the description of the procurement object;
preparation of notifications, documentation, contract projects, commissions meeting protocols;
organizational and technical support of the activities of the Commissions;
ensuring the advantage of the benefits of the penitentiary system and organizations of persons with disabilities, procurement among small businesses and socially oriented non-commercial organizations (SMP and Sono);
clarification of the provisions of the documentation;
ensuring the safety of envelopes, providing audio recordings, storing documents;
ensuring coordination with the only supplier;
ensuring the conclusion of contracts, the inclusion in the RDP of the devoted procurement participants.

In execution, change, termination of the contract, the contract service is engaged:

accepting goods, works, services (labor), organization of payment and expertise labor;
interaction with the supplier when changing, terminate the contract, the application of responsibility measures, including the inclusion in the RDI;
accommodation in the EIS report on the execution of the contract; drawing up and placement in the EIS report on the volume of purchases from SMP and Sono;
organizes consultations with suppliers, as well as a compulsory public discussion of procurement;
participates in the discussion of requirements for certain types of labor and regulatory costs;
develops contract projects, including typical;
checks bank guarantees and informs about the refusal to accept the guarantee; organizes payment of cash on bank guarantee;
organizes the refund of funds made as security.

Commissions of the customer

For the procedure for determining suppliers, the Customer creates a procurement commission is an organ working on a collegial basis, which is created by the Customer to determine suppliers, if purchases are carried out by competitive ways.

Please note that for the purchase of a single provider to create a commission is not required (part 1 of article 39 44-ФЗ).

According to the current legislation, the Customer has the right to create a commission both to carry out a specific procurement and to determine the supplier in one of the ways, as well as for the implementation of all purchases, regardless of the method of determining the Supplier (Unified Commission).

The law 44-FZ is limited only by the minimum number of commission members, while their maximum number is not limited. Requirements for the minimum number of members of the Commission: at least five people for competitive, auction, unified commissions, at least three people are the remaining commissions.

The customer includes the commission mainly of persons who have passed professional retraining or advanced training in the field of procurement, as well as persons with special knowledge belonging to the procurement object (Part 5 of Art. 39 44-FZ) - that is, most members of the Commission must have knowledge and experience in the sphere of procurement.

If the planned purchases do not have specific specifics, and it is not necessary to participate in the work of the Commission of certain specialists, it is recommended to create a unified commission for the implementation of all purchases, regardless of the procurement object and the method of determining the supplier.

Management of state and municipal procurement is an online course for contract managers, specialists of contract services and procurement commissions.

school.kontur.ru.

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According to the norms of the Federal Law No. 44-FZ, all procurement institutions than 100 million rubles per year must form contractual services. Create special structural units is not necessary.

The work of the contract service is governed by the Termination Regulations, which should be compiled according to the pattern of the adopted standard position.

about contract service

POSITION

about the contract service in the sphere of procurement of goods, works, services to ensure

1. General Provisions

1.4. The basic principles of the creation and operation of the activities of the contractual service in the implementation of procurement are:

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

The appointment and exemption from the position of the employee of the contractual service is allowed only by decision of the head of the customer or the person who performs his duties.

Contract service is headed by the head of the contract service.

1.8. In the case of identification of the contractual service of those specified
in paragraph 1.7 of this Regulation, the Customer is obliged to immediately release these officials from the performance of responsibilities and impose them to another official corresponding to the requirements of the Law and this Regulation.

II. Functions and powers of the contract service

2.1. The contract service carries out the following functions and powers.

2.1.1. When planning purchases:

develops a procurement plan;

provides preparation of changes to the procurement plan;

organizes the approval of the procurement plan;

accommodates in a unified information system in the sphere of procurement (hereinafter - a unified information system) Procurement plan and changes made to it;

provides preparation of changes to the schedule in the schedule;

organizes the assertion of the plan schedule;

places a schedule in a single information system and changes made to it;

organizes a compulsory public discussion of the purchase of goods, work or services in cases provided for by law;

determines and justifies the initial (maximum) contract price;

2.1.2. When determining suppliers (performers, contractors):

provides preparation and accommodation in a unified information system for the implementation of procurement;

provides preparation and accommodation in a unified information system of documentation on procurement and draft contracts, amending the procurement documentation;

provides preparation and direction of invitations to take part in the definition of suppliers (contractors, performers) closed methods;

2.1.3. When execution, change, termination of the contract:

provides procurement, including contracting;

participates in consideration of cases about appealing the results of the definition of suppliers (contractors, performers);

purses the preparation of materials for the implementation of claims.

2.2. The contract service carries out other powers provided for by law.

2.3. In order to implement the functions and powers specified in paragraph 2.1 of this Regulation, the officials of the contractual service are required:

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

4) if necessary, to attract experts to their work, expert organizations in accordance with the requirements provided for by law and other regulatory legal acts;

5) comply with other obligations and requirements established by law.

2.5. Contract service leader:

2.5.1. Distributes the duties between employees of the contract service;

2.5.2. Submits a proposal for the appointment and exemption from the post of contractual service workers;

2.5.3. Coordinates within the competence of the contractual service work of other structural divisions of the Customer;

2.5.4. Carries out other powers provided by law.

III. Responsibility of contract service employees

File: Contract Service Regulations DOWNLOAD

Sample order for the creation of the contract service and the provisions on the contract service of 44-ФЗ

By virtue of Part 1 of Art. 38 of the law 44-ФЗ Customers, the cumulative annual volume of the procurement of which in accordance with the schedule exceeds one hundred million rubles, create contractual services (however, the creation of a special structural unit is not mandatory).

Within part 3 of Art. 38 of the Law 44-FZ The contracting service is valid in accordance with the Regulation (Regulation) developed and approved on the basis of the Model Provision (Regulation) approved by the Federal Executive Authority on the Regulation of the Contract System in the Sphere of Procurement.

Currently, the Model Provision is approved by the Order of the Ministry of Economic Development of the Russian Federation of October 29, 2013 N 631 "On approval of the Model Provision (Regulation) on the Contract Service".

Currently, most customers do not have the ability to create a separate structural unit. Due to the impossibility of providing budgetary organizations of remuneration of qualified personnel resources, an appropriate level of remuneration in the commercial sector, there is no uniform personnel training system with the overwhelming majority of customers, the lack of qualified procurement and jurisprudence specialists is felt. In such conditions, objective difficulties arise in the development and use of legitimate algorithms for the interaction between the structural divisions of the Customer in the field of procurement (it is assumed from the start of planning and ending with acceptance, fault and disposal).

Due to the foregoing, the preparation of the Terms of Contract Service with a detailed study of the distribution of functions becomes meaningless occupation. Since if the Customer's Guide triples the existing system or the customer, in fact, is a hostage of the situation, then a detailed decision on the contract service will not save.

The provision on the contract service will be more in the nature of the disciplining act, as ultimately, when conflict within the contract service or between employees of the contract service and other units, the head of the Organization will have to fulfill the role of the arbitrator.

My personal opinion that in the presence of, so let's say "external" offenses in the framework of the current legislation be responsible will be the head of the organization, because Contract service employees are legal entities.

By virtue of Part 1 of Art. 1068 of the Civil Code of the Russian Federation Legal entity or citizen reimburses harm caused by his employee in the performance of labor (service, official) duties.

According to Art. 1069 of the Civil Code of the Russian Federation harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, including as a result of the publication of the state body or local government a law or an alleged law, Request.

Ultimately, the provision on the contract service is mandatory within the framework of the law, but, in most cases, will be a formal execution of the law, and not a vital necessity for customers.

Contract Service for 44-FZ

The structure of the contractual service determines the frame (typical) position, but each customer installs it independently. We will analyze what functions to impose on the contract service and how to assign authority for the contract manager.

Contract service structure

If the contract manager does not cope with the duties: dismiss or retrain
find out the answer »

As a completely new government procurement system, the contract system has applied to customers a new responsibility for the creation of a contract service or appointment of the contract manager.

In case the cumulative annual volume of customer purchases does not exceed 100 million rubles., the customer independently decides on the method of implementing this duty. That is, the appointment of the contract manager is the right, not a duty.

"Procurement management (120 hours)"
The program is developed in accordance with the methodological recommendations. Ministry of Economic Development of Russia and the Ministry of Education and Science of Russia And fully complies with Professandard.

The serious problem of any customer is the organization of internal control of procurement activities. And it is simply necessary to prevent random or intentional violations during procurement, which then can detect external controllers. What legal mechanisms have for this? The author believes the most optimal of them - the expansion of the powers of the contract service and the contract manager.
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Contract Manager for 44-FZ

If the customer has chosen the appointment of the contract manager, then such an employee is charged responsibilities both in accordance with his post and in accordance with its appointment by the contract manager.

In the institution can be appointed several contract managers. At the same time, if there are several of them, you need to register what the responsibilities do each of them.

Retraining contract managers. Why not need to crush the training course, read the answer to the question. "

Do I need to have an internal document to confirm that contractual staff have passed their training and their knowledge correspond to the professional industry? find out the answer »

For proper design it is necessary to publish a local appointment.

One, for example, is responsible for purchasing products. Other - for schedules. Third - for making information into the register of contracts.

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

How to make a career in procurement: that Professandard requires contract managers
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In order for the contract service for mistakes in the contract service, those who allow them to create a table of job tasks. And approve it as an application to the Rules of the Contract Service. How to make and fill it - tell in the article "

Russian practice shows that most of the customers whose income does not exceed the established limit, decides on the establishment of a contract service (and not appointing a contract manager), which is due to the lack of proper motivation and material promotion of the Contract Manager as an official carrying person who is almost solely all Responsibility for purchasing a specific customer. The purpose of the contract manager leads to frames of frames in this position.

Ethics of communication specialist in the sphere of procurement: requirements and norms of the professandard
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"What is your work experience" and "Did you pass over" - important, but not the only questions of the Customer, to whom you come to get a job. Learn what else will be asked when an interview to the position of the contract manager in the article "6 of the Control Questions to the Contract Manager at the Interview: Cheat Sheet for applicants"

After all, in the case of the creation of a contract service, it is assumed to be a uniform distribution of responsibilities between its members, and when the contract manager is appointed, such an official individually performs all functions and powers.

During the lack of a contract manager, the customer is published an order for the appointment of a person temporarily performing his duties.

"How to apply GOST when describing the procurement object?"

Konstantin Ejdelev Expert Systems Goszakaz

Write in technical launch not only GOST, but also indicators from the standard. If you specify only the name of the goods and a link to GOST, the participant will be difficult to understand what kind of goods are necessary. For example, one of the customers included the requirement for the documentation that the materials must be responsible for certain gta stations. There were no specific indicators in the technical task. Controllers and courts counted this violation. Materials on state standard cards are diverse: they are divided into species, classes, brands, classifications, so the participants did not understand exactly what product to put. See three more advice on the use of guests, in recommendation:
"How to describe the procurement object in 2018"

Contract Service for 44-FZ

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

Can the deputy head of the legal provision department be the head of the contract service?
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The contract service can be organized by creating a separate structural unit or by approval by the Customer of the permanent composition of its employees who fulfill the functions of the contract service (without the formation of a separate structural unit). Therefore, it is not always necessary to change the staffing schedule.

Since the contract service has been procured from the moment of their planning until the fulfillment of contracts and reporting, it is assumed that the contractual service should include representatives of the legal and financial structural divisions of the Customer and, of course, in full, representatives of the structural unit responsible for the organization of state procurement.

The contract service may be some superstructure.

This is if it goes without the formation of a structural unit. For example, it can be created by the order of the head, to whom individual accounting staff. Aho, the procurement department (if such exists) the functions of the COP are assigned. At the same time, if the inclusion of individual employees in the COP is associated with a change or expansion of labor functions, and therefore with a change in the employment contract, then such inclusion can be carried out only with the consent of basic employees and, subject to changes in their job descriptions.

The contract service is headed by the head of this service. In the event that it is created as a separate structural unit, it is headed by the head appointed to the post also by order of the head of the customer or an authorized person who performs his duties. The contract service created without the formation of a separate unit is headed by the Customer's head or one of the deputy head of the customer, which is confirmed by the letter of the Ministry of Economic Development of Russia from 04.06.2015 No. D28I-1514.

Checks reveal violations of this. For example, in the institution was appointed head of the COP chief chubuch or the head of the AHO, who are not challenging managers.

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

It is very rare in practice when the head of the institution is appointed by the head of the CS.

✔ Useful samples of documents in the sphere of procurement:

In essence, the contract service allocates all employees of the Customer involved in the procurement process, with the exception of employees who opened envelopes with applications for procurement participants, consideration and evaluation of applications, as well as acceptance of the contract execution.

The official on whom the EDC has not been issued, which has no order for the transfer of authority from the head. If the head goes on vacation, I.O. Maybe 2 EDS on the event of a breakdown, loss. Last time ... The flash drive is lost.

IMPORTANT! The customer must still have a procurement commission.

Unlike the contract service, the permanent job of the procurement commission depends on the decision of the Customer. According to which it can be either permanent structure (a single procurement commission) that performs the procurement features by applying any of the ways to determine the supplier (except for the only supplier), or to be created separately for various ways to determine the supplier (competitive, auction, quotation commissions , Commissions for consideration of applications for participation in the request for proposals and final proposals). The procurement commission may be created in all. Separately for each procurement.

The main purpose of the work of the Commission for Procurement - Definition of the supplier (contractor, performer) - means the need to open envelopes with applications, evaluation, consideration and comparison of applications of procurement participants, which predetermines the possibility and logicality of incorporation in the procurement commission of both domestic and external specialists in the field of state procurement.

Interestingly, the implementation of this right of the Customer is possible as part of the creation of a commission for the implementation of procurement, according to the procedure for which its composition is constant, except for one of its members - a specialist who is appointed before the implementation of each procurement in accordance with the peculiarities of the specific product to the customer Work or services.

The functional responsibilities of the contractual service determine the unknown rule, according to which it includes the employees of the customer, and there is no need to attract third-party individuals.

Consequently, the contract service is a permanent "procurement body" of the Customer.