Contract manager for 44-FZ: job description, responsibility, duties
Sphere of activity in budgetary organizationsrequires the implementation of public procurement, so there was a need to create a special department and position, which is called a contract manager. Federal legislation contains many provisions that regulate the work in this position. The basic law is 44-FZ. Basically, according to him, the contract manager is working.
What is this post?
The contract manager for 44-FZ is an authorized person who is responsible for the performance of procurement, including the performance of the contract.
This position appears when the total annual amount of the customer's purchases is not higher than 100 million rubles, and there is also no contractual service.
One customer may have severalcontract managers who will be engaged in procurement in various areas. For example, one manager can purchase construction and repair work, another - a food basket, a third - a different technique, etc.
The provisions of part 4 of Article 38 of the 44-FZ describe what a contract manager should do, whose duties are as follows:
- Develop a procurement plan, prepare changes for inclusion in this plan, place the plan in a single information system, and make changes to the plan.
- Develop a schedule, prepare changes for it, make a schedule in the EIS, make changes to the schedule.
- Prepare and post in the EIS notices on the implementation of procurement, procurement documents, prepare and send invitations to participate in the selection of suppliers in a closed manner.
- To carry out purchases and conclude contracts.
- Participate in the consideration of cases concerning the appeal of the results of the selection of suppliers and prepare material for the execution of claim-lawsuit work.
- Organize consultations with suppliers ifIf so, it is necessary to take part in such consultations in order to identify the competitive environment, identify the best technologies, and resolve issues related to ensuring state objectives. This work should be carried out at the procurement planning stage.
- Perform other duties that are provided for by 44-FZ.
The federal law does not contain specificrequirements to ensure that the employee applying for the post "contract manager", increased his qualifications. But nevertheless, according to Art. 39 44-FZ, only those persons who have been trained or possess certain skills can enter the commission of the customer.
The federal law determines the requirements for the topicsemployees who want to become contract managers. First, the employee must have a higher education, and secondly, a document confirming the availability of additional education in the procurement field.
There is also such a thing as the professional standards for 44-FZ.The law decided not to use the concept of "professional development" anymore. There are training and retraining. Why not further training? The first concept is aimed at updating existing skills and increasing professionalism within the existing education. The second concept is aimed at obtaining a new qualification, that is, the employee will retrain.
The law established the deadlines until 01.01.2017 to ensure that all employees who are in the position of a contract manager are retrained and meet the stated requirements.
The contract manager for 44-FZ is an employee who has the following documents:
- certificate of professional development: for those employees who received training in seminars with a time of passage of 72-100 hours;
- certificate of professional development: for those who have studied for more than 100 hours;
- Diploma of professional retraining: for those who have studied for more than 1000 hours.
Relying on Part 1 of Art.9 44-FZ, employers must ensure their activities and the activities of the contract manager on a professional basis. Therefore, the customer is required to give the position of "contract manager" only to those employees who have the necessary skills and knowledge related to the procurement sector.
In addition, such a specialist has the right totime to improve the level of professional training, knowledge of procurement activities, skills relevant to the position, as well as the level of skills in public procurement.
An employee who decided to undergo retraining,must be trained for a contract manager. Training can take place either in person or in absentia. Now, distance learning courses are very popular. This form of training assumes continuous learning from the work itself. These courses consist of theoretical and practical parts.
Choosing distance learning, the employer allIt should also be ready to give the employee some free time to complete practical assignments. For those employees who improve their qualifications, they are given a minimum of 16 hours for training. And for those who undergo retraining, at least 250 hours are given.
A contract manager can be a new employee, an employee who is transferred to this position by an order, or an employee who combines this position with the main one.
In the legislation there are no notes thatit should contain the official contract manager and that it should be at all. Therefore, the head can independently choose a document that will regulate the work of the contract manager, which prescribes the duties and rights of this employee.
It is possible to specify official obligations in the employment contract or in the appendix to it, but in this case they should be made according to the professional standards of the contract manager.
Sometimes this option is not very convenient forimplementation, so the organization's management can draw up a document not specifically for the employee, but for the position as a whole. There is no concrete sample of what the job description of a contract manager should look like. Therefore, every organization where there is such a position, can create its own unified form.
There is one nuance that must be taken into account and aboutThis should notify the employee who assumes the position in question. The instruction of the contract manager for 44-FZ should contain information that this employee is liable before the law and can be fined or incur administrative penalty for failure to perform his duties or for abuse of his powers.
Given the position of Part 5 of Art.38 44-FZ, the responsibility of the contract manager is within the limits of those duties that he performs. The instructions should clearly describe the duties of the employee in this position and the responsibility he incurs for failure to perform the specified duties.
Employee is liable under the RF LC for non-fulfillment or neglect of his / her official duties, stipulated by the instruction, as well as for causing material damage to the employer.
In addition, the contract manager may incur a criminal, civil or administrative penalty for an offense that is committed in the course of his work.
Legislatively it is established that contractualmanagers can bear individual responsibility for compliance with the requirements set by the law on the contract system in the field of procurement. Persons violating the provisions of the law and regulations may be punished, even criminal.
As already mentioned above, the contract manageron 44-FZ, whose job description assumes responsibility, should be attentive to his work. Penalties for non-fulfillment or abuse of their duties include:
- Administrative punishment. The sizes of penalties are determined by the Administrative Code of the Russian Federation.
- Disciplinary action.
- Criminal penalty.
When appointing a contract manager, the customer must adhere to the following algorithm:
- a new position is added to the current staffing table of the organization;
- the job description of the contract manager is drawn up;
- an order is issued to appoint a contract manager in the organization.
Automation of the process
Currently, a lot of programs are being created, which are aimed at helping to make managerial decisions. Automation in public procurement is becoming increasingly popular.
Special programs monitor,make schedules, notify suppliers and perform many more useful actions. But the machines will not soon replace human labor. Even though the program does most of the work, the employee must double-check all the information. But, nevertheless, automation significantly reduces the time and effort.
Creating a contract service
According to the 44-FZ mentioned more than once, the defining moment in the creation of the contract service is the aggregate annual volume of public procurement in accordance with the schedule.
The customer must create a contractual service if the indicator exceeds 100 million rubles.
Legislation gives customers the choice to changethe structural system of your organization, creating a new department, or distributing responsibilities between working employees through part-time work. And this is with the indicator below 100 million rubles. If the contract service is not created, a contract manager for 44-FZ is appointed, the job description of which includes all the duties prescribed in the law.
Ways to create
If the employer has stopped on creating a contract service, then he has several ways to do this:
- The customer forms a separate structuralThe division headed by the head of the contract service. This method is relevant for very large enterprises, where the department includes a large number of employees working in the state on an ongoing basis.
- The customer prepares the order, where it is indicatedpermanent staff. As a result, a separate service is formed (not to be confused with the structural unit). Leadership is assumed by the deputy head of the organization. The main advantage of this method is the rapid disbanding of the department if necessary. Usually such a service consists of several people.
Public procurement commission
According to Art.39 44-ФЗ, the customer is obliged to make a decision on the formation of the commission before the start of procurement to identify suppliers. He appoints the composition of the commission, the procedure of work and the chairman. An exception is the situation where the supplier is one.
The membership of the commission includes at least five people, if it is:
- holding competitions;
- holding auctions;
- requests for quotations, proposals (single commission).
The composition of the commission should be at least three people, if it is:
- holding quotes;
- Commission for consideration of applications and final proposals.
If at the creation of the commission it is found that in itsthere is a person who is personally interested in choosing a particular supplier, the customer should immediately replace it with another individual who is not interested in the final result of purchases.
The Commission can fulfill its duties and make a decision, if at the meeting there is at least half of its composition.
Commission participants should be informed in advance of the date, time and place of the meeting. Absentee decision-making, as well as the transfer of voting rights, are prohibited.