Contract manager under 44-FZ: full overview of the position

When is a contract manager appointed?

The contract manager is a key figure in the contracting authority's institution and is responsible for the procurement activities and execution of each contract.

This position is added to the staff when the total annual procurement volume (AGV) of the customer is less than 100 million rubles. and there is no contract service (Part 2 of Article 38 of 44-FZ).

More than one contract manager may be appointed within one organization. Each of them will be responsible for their own sector of procurement activities. So, for example, one specialist may be involved in the purchase of construction and repair work, a second – in the purchase of equipment, a third – in the purchase of office supplies, etc. This is stated in paragraph 2 of the letter of the Ministry of Economic Development of the Russian Federation dated September 30, 2014 No. D28i-1889.

Contract service or contract manager?

Customers whose total annual purchase volume is >100 million rubles create contract services (in this case, the creation of a special structural unit is not mandatory). If the Customer's total annual purchase volume is <= 100 million rubles and the Customer does not have a contract service, the Customer appoints a contract manager. Those. for SGOZ <= 100 million rubles, the Customer MUST appoint a contract manager or have the RIGHT to create a contract service.

Responsibilities of the contract manager under 44-FZ

The responsibilities of the contract manager are specified in Part 4 of Article 38 of 44-FZ:

Development of a schedule and changes to be made to the schedule, publication of this information in the Unified Information System.
Preparation and sending to the Unified Information System of procurement notices, procurement documentation and draft contracts, preparation and sending of invitations to participate in the selection of a supplier using closed methods.
Conducting procurement and concluding contracts.
Taking part in the consideration of cases of appealing the results of the selection of executors and preparing information for carrying out claim work.
Conducting the necessary consultations with suppliers at the procurement planning stage and participating in them in order to analyze the competitive environment in the relevant markets for industrial and industrial products, determine the best technologies and other solutions to meet state and municipal needs.
And other duties under 44-FZ.

A complete list of functions and powers of the contract service (contract manager) can be found in Section II of the standard regulations, approved by order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 No. 631.

Important point! The contract service operates within the framework of a regulation developed and approved on the basis of a standard regulation approved by the federal executive body for regulating the contract system in the field of procurement (Part 3 of Article 38 of 44-FZ). Article 38 of 44-FZ says nothing about the customer’s obligation to develop and approve regulations for the contract manager.

Responsibilities

IMPORTANT! The order for the appointment of a contract manager from ConsultantPlus is available here

The list of responsibilities of the contract manager is contained in paragraph 4 of Article 38 of Federal Law No. 44. Let's take a closer look at this list:

Formation of a procurement plan, making adjustments to this plan.
Inclusion of the plan into a single system.
Formation of a schedule and making adjustments to it.
Placement of information about completed purchases into a unified system.
Preparation of documents related to government procurement.
Conducting government procurement, drafting contracts.
Participation in cases of appealing the results of the selection of suppliers.
Preparation of documents for sending claims or claims.
Planning consultations with suppliers.
Other powers contained in Federal Law No. 44.

A complete list of manager functions is given in the second section of the standard regulations established by Order of the Ministry of Economic Development No. 631 of October 29, 2013.

Tasks

The contract manager is required to manage government procurement from the beginning of the event to its completion. In particular, he is involved in planning, resolving conflicts with suppliers, and documentation. The main task of a specialist is to conclude contracts that will be beneficial to the customer. That is, the manager must draw up contracts with the most favorable conditions. The goal of the contract manager is to save budget money during procurement.

Specialist tasks

The main task of the contract manager is to organize and control procurement. The work begins with planning and ends with monitoring the execution of all stages of contract work and analyzing the effectiveness of procurement results. The employee’s activities cover the entire procurement cycle, including resolving disputes with suppliers and government agencies.

The second task is to work according to the law. The specialist must base his actions and decisions on knowledge of the Constitution of the Russian Federation, 44-FZ, the Civil Code of the Russian Federation, the Budget Code, regulations on the contract system, regulations on the contract manager, and other regulations of the Russian Federation. He must be literate and competent.

The third task appears after completing the first two tasks: to conclude contracts on the most favorable terms. The employee organizes procurement in order to purchase the necessary technical and technical equipment at a price favorable to the employer.

The contract manager must combine all 3 tasks: saving budget funds when purchasing necessary goods, works and services, organized according to the rules of current legislation.

Sending invitations

A distinctive feature of the request for proposals in the EF is that the customer can send invitations to suppliers in whom he is confident to take part in the procedure (Part 3 of Article 83.1 of 44-FZ).

Potential contractors must meet the condition of having concluded contracts for a similar type of work over the past year and a half. These contracts should not be terminated due to the contractor's failure to comply with contractual terms and obligations.

When the basis for conducting a request for proposals in the EF is the acquisition of goods/works/services in accordance with clause 2, part 2, article 83.1 (termination of the contract under parts 9 and 15 of article 95 44-FZ), the customer has the right to invite in writing to participate in bidding of those prospective performers who were previously participants in the government order, as a result of which the contract was terminated. The purchasing committee cannot reject their applications.

Participants must be invited in writing no later than 5 working days before the date of the electronic request for proposals.

Job description

The Customer has 3 ways in which he can appoint a contract manager:

Hire a new employee for this position and conclude an employment contract with him. Or assign the employee to another position, but with similar responsibilities and functions.
Transfer a full-time employee to the position of manager (or similar position) and enter into an agreement with him to change the terms of the employment contract.
Agree with the full-time employee on the possibility of combining positions according to the rules of Article 60.2 of the Labor Code of the Russian Federation (in this case, in accordance with Article 151 of the Labor Code of the Russian Federation, the person is entitled to an additional payment, and the necessary adjustments are made to his job description).

When appointing a manager, the customer acts sequentially:

The new position is added to the staffing table;
A job description for the contract manager is being prepared;
An order is issued to appoint an official responsible for procurement (i.e., a contract manager).

The contract manager's job description is an internal document of the customer. It specifies the requirements, rights and obligations of the parties. The document indicates the employee’s area of responsibility and his powers.

The instructions consist of the following sections:

General provisions: procedure for hiring a position, procedure for dismissal, general information about the position and requirements for the manager;
Functions: general functions for an official;
Responsibilities: actions of the manager;
Rights: scope of employee rights;
Responsibility: what is provided for offenses;
Final provisions: links to professional standards, procedure for making adjustments to the job description.

Is it possible to invite a third-party contract manager?

Paragraph 2 of Article 38 of Federal Law No. 44 states that the employer can only appoint a contract manager. That is, the employee is specifically appointed. An employer cannot hire an outside specialist. The contract manager must be part of the company's staff.

The employer has the following options:

Acceptance of a new employee to the company. In this case, you need to draw up an employment agreement with him. An employee is hired for the position of either a contract manager or a specialist in another profile.
Transfer of a full-time employee to the position of contract manager. In this case, you need to draw up an agreement to change the provisions of the employment contract.
A company employee can combine his position with the position of a contract manager (based on Article 60.2 of the Labor Code of the Russian Federation). Article 151 of the Labor Code of the Russian Federation states that in this case the employee is charged an additional payment. In addition, the employee’s job description is adjusted.

That is, the only opportunity to hire a third-party specialist is to hire a new employee to the organization’s staff.

Which of the options under consideration is better? It all depends on the specific circumstances. If this is a large-scale order, a separate employee should be appointed to the position of contract manager. If the government order is small, then a company specialist can combine both positions. This is a more profitable option for the employer, since there will be no need to hire a new employee.

Typically, the manager appoints a contract manager rather than a contract service. The benefits of the first option are obvious. In this case, the employer can save significantly, since there will be no need to organize the activities of an entire service. However, this option is not always possible to implement. In particular, the service will have to be organized when the cost of the total annual volume of orders exceeds 100,000,000 rubles (based on paragraph 1 of Article 38 of Federal Law No. 44).

Responsibility of an official under 44-FZ

According to Part 5 of Article 38 of 44-FZ, the manager is responsible for offenses within the framework of his own powers. The job description must indicate job responsibilities and responsibility for failure to perform them.

For a contract manager, liability is provided for under labor legislation (Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of job duties provided for in the job description and causing material damage to the employer.

It also provides for administrative, criminal and civil liability for violations committed in the course of one’s own work. Managers who have committed administrative offenses under Article 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation are charged with administrative liability as officials.

According to Part 2 of Article 12 of 44-FZ, customer officials are subject to personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.

Persons who are guilty under the legislation of the Russian Federation and other regulations on the contract system in the field of procurement bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation (Part 1 of Article 107 44-FZ).

Grounds for conducting an electronic request for proposals

The entire algorithm for organizing and conducting a request for proposals in electronic form is described in detail in 44-FZ. According to Article 83.1, this procurement activity begins with the placement of a notice in the Unified Information System. The winner is the participant who submitted a price proposal that is favorable to the customer. This is the essence of trading.

Customers conduct a request for proposals in the EF in accordance with Part 2 of Article 83.1 of 44-FZ, when they need to purchase the following categories of goods/works/services:

sports goods (inventory, equipment, equipment) necessary for the preparation and further participation of the national teams of the Russian Federation in the Olympics and Paralympics;
goods, works, services that were the subject of a contract terminated under Part 9 and Part 15 of Article 95 of 44-FZ;
medicines for future prescription to their patients after passing a medical commission;
services for protecting the interests of the Russian Federation with the involvement of Russian or foreign specialists when individuals or legal entities file claims against Russia in foreign judicial authorities or international courts;
goods, works or services upon recognition of certain other electronic procedures as failed in accordance with Part 4 of Article 55.1 (competition) and Part 4 of Article 71 (auction) of 44-FZ;
products of folk arts and crafts recorded in a special order approved by the Russian government;
housing with individual owners for orphans and children left without parental care.

Important point! According to Part 5 of Article 83.1 of 44-FZ, the customer cannot cancel the electronic request for proposals and make adjustments to the published notice. Therefore, those responsible for preparing documentation and notifications should not make mistakes.

Training and professional standards

The activities of the customer, specialized organization and control body must be carried out on a professional basis with the involvement of qualified workers with theoretical knowledge and practical skills in the field of procurement.

Customers and specialized organizations are obliged to maintain and improve the level of qualifications and professional education of employees involved in procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (Part 2 of Article 9 of 44-FZ).

It was said above that before January 1, 2021, the contract manager could be a person with vocational education or additional vocational education in the field of placing orders for industrial and industrial components (Part 23 of Article 112 of 44-FZ).

The Order of the Ministry of Education and Science of the Russian Federation dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” states that the period for mastering advanced training programs cannot be less than 16 hours , and the period for mastering professional retraining programs cannot be less than 250 hours. hours .

Professional training of contract managers takes place in a specialized educational institution (higher and secondary specialized). The form of classes can be either full-time or part-time. Advanced training courses can be taken there. As a rule, classes involve both theory and practice.

Today, remote training is relevant, which saves the time and effort of busy employees. To participate in classes at a distance, you need to have free time, a computer and the Internet.

On July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for the application of professional standards by employers came into force. Order of the Ministry of Labor of the Russian Federation dated September 10, 2015 No. 625n approved the professional standard “Procurement Specialist” . And by order of the Ministry of Labor of the Russian Federation dated September 10, 2015 No. 626n - “Expert in the field of procurement .

These standards are included in the Unified Qualification Directory of Positions of Managers, Specialists and Other Employees (USC) and the All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Grades (OKPDTR).

A specialist in the field of government procurement must have:

Secondary vocational education;
Additional professional education - advanced training programs and professional retraining programs.

And the expert :

Higher education - specialty, master's degree;
Additional professional education - advanced training programs or professional retraining programs.

Also, in addition to theoretical knowledge, the expert must have work experience - at least 5 years in the field of procurement, including at least 3 years .

Contract manager job requirements

According to Part 6 of Article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to Part 23 of Article 112 of 44-FZ, until January 1, 2021, a contract manager can be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (i.e. . training according to 94-FZ).

Job search

Where are contract manager vacancies posted? It will not be difficult to understand this issue. First, monitor popular job search sites: www.hh.ru; www.superjob.ru; www.rabota.ru; www.job.ru; www.avito.ru.

In addition, customers place job advertisements on their websites. You can also go to administration websites.

Less commonly, you can find such announcements on specialized forums on government orders or in thematic groups and groups on social networks.

Customer organizations often experience staff turnover. Today one person works as a contract manager, and tomorrow another one is appointed. This may be a beginner with the appropriate education. From the first day of work, he will have to immerse himself in the field of government procurement and understand many of the intricacies and complexities.

If the customer’s institution has only one manager position, then the newcomer will have no one to ask for advice, and his colleagues will not be able to help him in any way. The contract manager must be “savvy” in theory and practice, conduct the procurement process from start to finish, and be able to defend the interests of his employer, for example, in the Federal Antimonopoly Service.

Preparation of the final protocol

After completing all stages, it is necessary to prepare a final protocol (Part 24, Article 83.1 44-FZ).

Contents of the final protocol:

the terms specified in the final submissions of all participants;
a decision made after reviewing and evaluating the final proposals;
serial numbers assigned by commission staff after analyzing the final proposals;
results of consideration of information submitted by event participants.