The field of activity in budgetary organizations requires public procurement, so there was a need to create a special department and a post called a contract manager. Federal law contains many provisions that govern the work in this position. The basic law is 44-FZ. Basically, in accordance with it, the work of the contract manager is going on.
What is this position?
The 44-FZ contract manager is an authorized person who is responsible for the procurement, including the execution of the contract.
This position appears when the total annual procurement of the customer is not higher than 100 million rubles, and there is also no contract service.
One customer may have several contract managers on staff who will be engaged in procurement in various fields. For example, one manager can purchase construction and repair work, another - a grocery basket, a third - of various equipment, etc.
Responsibilities
The provisions of Part 4 of Article 38 44-FZ describe what a contract manager should do, whose duties are as follows:
- To develop a procurement plan, prepare changes for making this plan, place the plan in a single information system, enter the changes into the plan.
- Develop a schedule, prepare changes for it, make a schedule in the UIS, make changes to the schedule.
- To prepare and post notices on the execution of procurements, procurement documents to the UIS, prepare and send invitations to take part in the selection of suppliers in a closed way.
- Make purchases and enter into contracts.
- Participate in the consideration of cases relating to the appeal of the results of the selection of suppliers and prepare material for the execution of the claim work.
- To organize consultations with suppliers, if the case so requires, to take part in such consultations in order to identify a competitive environment, identify the best technologies, and resolve issues related to ensuring state needs. This work should be carried out at the procurement planning stage.
- Perform other duties stipulated by 44-FZ.
Requirements
Federal law does not contain specific requirements for an employee applying for the position of “contract manager” to improve his qualifications. But nevertheless, according to Article 39 44-FZ, the commission of the customer may include only those persons who have undergone professional training or have certain skills.
Federal law defines the requirements for those employees who want to become contract managers. Firstly, the employee must have a higher education, and secondly, a document confirming the availability of additional education in the procurement sector.
There is such a thing as professional standards for 44-FZ. The law decided not to use the concept of "continuing education" in everyday life. There is vocational training and retraining. Why not advanced training? The first concept is aimed at updating existing skills and increasing professionalism within the framework of existing education. The second concept is aimed at obtaining a new qualification, that is, the employee will retrain.
The law established deadlines until 01.01.2017 so that all employees who are in the position of a contract manager undergo retraining 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 at seminars with a travel time of 72-100 hours;
- certificate of professional development: for those who studied over 100 hours;
- professional retraining diploma: for those who studied over 1000 hours.
Professional standards
Based on Part 1 of Article 9 of 44-FZ, employers must provide their activities and the activities of a contract manager on a professional basis. Therefore, the customer is obliged 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 during work to improve the level of professional training, knowledge about procurement activities, skills relevant to the position, as well as the level of qualification in public procurement.
An employee who has decided to undergo retraining must undergo training for a contract manager. Training can take place either in person or in absentia. Now very popular distance learning courses. This form of training involves continuous learning from the work itself. These courses consist of theoretical and practical parts.
Choosing distance learning, the employer should still be ready to give the employee some free time to complete practical tasks. For those employees who improve their qualifications, at least 16 hours are given for training. And for those who are retraining, at least 250 hours are given.
The contract manager may be a new employee, an employee who was transferred to this position by order, or an employee who combines this position with the main one.
Job description
The legislation does not contain any notes on what the official contract manager should contain and what it should be. Therefore, the manager can independently choose a document that will regulate the work of the contract manager, which sets out the duties and rights of this employee.
You can specify the job obligations in the employment contract or in the annex to it, but in this case they should be drawn up in accordance with the professional standards of the contract manager.
Sometimes this option is not entirely convenient for implementation, 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, each organization with a similar position can create its own unified form.
There is one nuance that must be taken into account and this should be notified to the employee who intends to take the stipulated position. The contract manager’s instruction under 44-FZ must contain information that the employee is responsible before the law and may be fined or may incur administrative penalties for failure to fulfill his duties or for abuse of his authority.
Responsibility
Given the provisions of Part 5 of Article 38 44-FZ, the responsibility of the contract manager is within the scope of the duties that he performs. The instructions should clearly describe the duties of the employee in this position and the responsibility that he bears for failure to perform these duties.
The employee is responsible according to the Labor Code of the Russian Federation for non-fulfillment or neglect of his duties, provided for in the instructions, as well as for causing material damage to the employer.
In addition, the contract manager may be subject to criminal, civil or administrative penalties for an offense committed in the course of his work.
It is legally established that contract managers may be individually responsible for compliance with the requirements established by the law on the contract system in the field of procurement. Persons who violate the requirements of the law and regulations may be punished, even criminally.
Penalties
As mentioned above, the contract manager for 44-FZ, the job description of which requires responsibility, must be attentive to his work. Penalties for failure to perform or abuse of one’s duties include:
- Administrative punishment. The fines are determined by the Code of Administrative Offenses of the Russian Federation.
- Disciplinary action.
- Criminal penalty.
Appointment
When appointing a contract manager, the customer must adhere to the following algorithm:
- introduces a new position in the current staffing of the organization;
- the job description of the contract manager is drawn up;
- an order is issued to appoint a contract manager in this organization.
Process automation
Currently, a lot of programs are being created that are aimed at helping to make management decisions. Automation in public procurement is becoming increasingly popular.
Special programs perform monitoring, draw up schedules, notify suppliers and perform many more useful actions. But machines will not soon supersede 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 labor costs.
Creating a contract service
According to the aforementioned 44-FZ, the defining moment when creating a contract service is the total annual volume of public procurement in accordance with the schedule.
The customer must create a contract service if the figure exceeds 100 million rubles.
The legislation gives customers a choice - to change the structural system of their organization, creating a new department, or to distribute responsibilities between working employees by combining jobs. And this is with an indicator below 100 million rubles. If the contract service is not created, the contract manager according to 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 the creation of a contract service, then he has several ways to do this:
- The customer forms a separate structural unit, the head of which is the head of the contract service. This method is relevant for very large enterprises, where the department includes a large number of employees working on a regular basis.
- The customer prepares an order, which indicates the permanent staff. As a result of this, 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 disbandment of the department if necessary. Typically, such a service consists of several people.
Public Procurement Commission
According to Article 39 44-FZ, the customer is obliged to decide on the formation of a commission before the start of procurement to identify suppliers. He appoints the composition of the commission, the order of work and the chairman. An exception is when the supplier is one.
The composition of the commission includes at least five people, if this:
- holding contests;
- holding auctions;
- requests for quotations, offers (single commission).
The composition of the commission must be at least three people, if this:
- holding quotes;
- commission for consideration of applications and final proposals.
If, when creating the commission, it turns out that it includes a person who is personally interested in choosing a specific supplier, the customer should immediately replace it with another individual who is not interested in the final result of the procurement.
The Commission may fulfill its duties and make decisions if at least half of its members are at the meeting.
Members of the commission must be notified in advance of the date, time and place of the meeting. Absentee decision-making, as well as the transfer of voting rights, are prohibited.