The contract service consists of a manager and employees. Standard regulations (regulations) of contract service. Procedure for creating a contract service
The Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” was adopted in 2013. Despite the fact that the law turns 5 years old this year, it continues to remain one of the most relevant and in demand. On our website you can find a whole section dedicated to both the Federal Law 44 as a whole and its individual provisions. In total, the law contains 114 articles, so there is a lot of information to study.
The procedure for creating a contract service under 44 Federal Laws
First you need to understand the concept contract service according to Federal Law 44. Contract service is a group of specialists that is responsible for the implementation of the entire cycle of government procurement. The procedure for its creation is prescribed in Article 38 of Chapter 3 on procurement of Federal Law 44.
You might be interested; Federal Law 220 in the latest edition
If during the year the volume of government procurement according to the schedule amounted to more than 100 million rubles, the customer is obliged to create a contract service. The law does not oblige it to be identified as a separate structural unit of the organization (Part 1, Article 38 of Federal Law 44).
Read the latest changes in the law on contract service in Russia
If the final annual volume of government procurement does not exceed the specified amount, the customer has the right to independently decide whether to create a contract service or appoint an official responsible for procurement and execution of the contract, i.e. contract manager(Part 2 of Article 38 of Federal Law 44) .
Requirements for contract service according to law
The contract manager and absolutely all contract service employees, regardless of the functions they perform, must have higher education. An employee who does not have a higher education must receive additional specialized education to obtain access to government procurement (Part 6, Article 38 of Federal Law 44). It's about about special advanced training courses.
To the number operating principles contract service include:
- Attracting highly qualified personnel with special knowledge and experience in the field of public procurement;
- Free access to information about actions taken and results achieved;
- Signing contracts for favorable conditions, ensuring efficiency;
- Compliance with laws;
- Personal responsibility.
In its activities, the contract service is obliged to be guided by the legal and regulatory legislation of Russia: the Constitution of the Russian Federation, directly the law 44-FZ, civil and budget legislation, other acts (government resolutions, ministry orders, etc.) and the regulations of the customer itself.
You may be interested in: Federal Law 161 in the latest edition. details
Compound
As already mentioned, one official, the contract manager, can service the procurement of a supplier whose total annual volume of government procurement does not exceed one hundred million rubles.
If the amount attributable to government procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer himself, however the minimum composition is limited to two employees. This condition is dictated by the standard provision.
The contract service can be created as a special department, or by approving a permanent staff of employees performing the relevant functions. Regardless of the method of forming a contract service, it must be headed by a manager who determines job responsibilities and personal responsibility of each of his subordinates.
The regulations establishing the rules for organizing the activities of the customer's contract service when planning and conducting procurement of goods, works and services should be based on the standard regulations developed by the Ministry of Economic Development of Russia - federal body executive power regulating the contract system in the field of procurement (Part 3 of Article 38 of Federal Law 44) .
This document largely duplicates the essence and content of Article 38 of Federal Law No. 44. IN regulations of the service additionally contains the following information:
- General provisions: goals and conditions of creation, the legislative framework, operating principles, structure, number and responsibilities of employees;
- Authority when performing duties and functions;
- Responsibility service workers.
The law provides for the possibility of centralizing procurement by creating a special body or institution whose task is to identify suppliers for the customer (Part 1 of Article 26 of Federal Law 44). However, all other powers exercised during the procurement process, such as justification of purchases, determination of conditions (including prices) and signing of a contract, etc., must be exercised by the customer and his contract service. The latter bears responsibility exclusively within the framework of its own powers (Part 5 of Article 38 of Federal Law 44).
Download Federal Law 44 with the latest changes
A large government customer needs to have a team of specialists accompanying the contract at all stages. The creation of a contract service makes the public procurement process efficient and reliable.
We offer you No. 44 Federal Law dated 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” in the latest edition.
1. Customers whose total annual procurement volume exceeds one hundred million rubles create contract services (in this case, the creation of a special structural unit is not mandatory).
2. If the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).
(see text in the previous edition)
3. The contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement.
4. The contract service and the contract manager perform the following functions and powers:
1) develop a procurement plan, prepare changes for inclusion in the procurement plan, place them in a single information system procurement plan and changes made to it;
2) develop a schedule, prepare changes for inclusion in the schedule, place the schedule and changes made to it in a unified information system;
3) carry out the preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways;
4) ensure the implementation of procurement, including the conclusion of contracts;
5) participate in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work;
(see text in the previous edition)
6) organize, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participate in such consultations in order to determine the status competitive environment in the relevant markets for goods, works, services, determining the best technologies and other solutions to meet state and municipal needs;
7) exercise other powers provided for by this Federal Law.
5. When centralizing procurement in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution, which exercise the powers to identify suppliers (contractors, performers). In this case, the contract service and the contract manager bear responsibility within the limits of the powers they exercise.
6. Contract service employees and contract managers must have higher education or additional professional education in the field of procurement.
Job descriptions taking into account professional standards 2016-2017
Sample job description for contract service employee
A sample job description is compiled taking into account the professional standard Procurement Specialist
1. General Provisions
1.1. A person who has:
1) higher education (specialist’s degree, master’s degree), additional professional education in advanced training programs or professional retraining programs in the field of procurement;
2) work experience in procurement for at least 4 years.
1.2. A contract service employee must know:
1) legal requirements Russian Federation and regulatory legal acts governing activities in the field of procurement;
2) the basics of civil, budget, land, labor and administrative legislation as they apply to procurement;
3) basics of antimonopoly legislation;
4) economic fundamentals pricing;
5) basics accounting in terms of application to procurement;
6) basic statistics as they apply to procurement;
7) features of pricing in the market (by area);
8) features of drawing up procurement documentation;
9) the procedure for establishing price-forming factors and identifying quality characteristics that affect the cost of goods, works, services (by area);
10) law enforcement practice in the field of logistics and procurement activities;
11) methodology for conducting:
Checking (examination) of the procurement procedure and documentation;
Examination of the compliance of the results provided for in the contract with the terms of the contract;
12) the procedure for drawing up a document in the form of a conclusion based on the results of an inspection (examination) of the procurement procedure and documentation;
13) features of preparing documents for claims work;
14) ethics business communication and rules of negotiation;
15) labor discipline;
16) Internal labor regulations;
17) labor protection requirements and fire safety rules;
18) ……… (other documents, materials, etc.)
1.3. A contract service employee must be able to:
1) use computer and other auxiliary equipment, communications and communications equipment;
2) negotiate, analyze data on the progress of fulfillment of obligations;
3) organize and conduct procedures for attracting experts and expert organizations;
4) check the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;
5) apply liability measures and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;
6) involve third-party experts or expert organizations to examine (check) the compliance of the results provided for in the contract with the terms of the contract;
7) draw up and execute documents based on the results of the inspection;
8) ……… (other skills and abilities)
1.4. A contract service employee in his activities is guided by:
1) Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law of 07/18/2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities", Federal Law of December 2, 1994 N 53-FZ "On the purchase and supply of agricultural products, raw materials and food for state needs";
2) ……… (name of the constituent document)
3) Regulations on ……… (name of structural unit)
4) this job description;
5) ……… (names of local regulations regulating labor functions by position)
1.5. The contract service employee reports directly to ……… (name of manager’s position)
1.6. The contract service employee manages ……… (name of the structural unit or area of activity within which the group of subordinate employees is organized)
1.7. ……… (other general provisions)
2. Labor functions
2.1. Examination of procurement results, contract acceptance:
1) checking compliance with the terms of the contract;
2) checking the quality of the goods, works, and services presented.
2.2. Management of subordinate employees.
2.3. ……… (other functions)
3. Job responsibilities
3.1. The contract service employee performs the following duties:
3.1.1. As part of the labor function, checking compliance with the terms of the contract:
1) receives information about the progress of fulfillment of the obligations of the supplier (contractor, performer), including about difficulties arising during the execution of the contract;
2) checks the accuracy of the information received on the progress of fulfilling the obligations of the supplier (contractor, performer), including difficulties arising during the execution of the contract;
3) organizes the acceptance procedure for individual stages of contract execution and creates an acceptance commission;
4) attracts experts and expert organizations to conduct an examination of the goods supplied, work performed or services rendered;
5) interacts with the supplier (contractor, performer) when changing or terminating the contract;
6) applies liability measures and takes other actions in the event of a violation by the supplier (contractor, performer) of the terms of the contract, including organizing inclusion in the register of unscrupulous suppliers.
3.1.2. As part of the labor function, checking the quality of goods, works, and services presented:
1) checks the compliance of the results provided for in the contract with the terms of the contract;
2) checks the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract;
3) organizes procedures for acceptance of the delivered goods, work performed (its results), services provided and creates an acceptance committee;
4) attracts third-party experts or expert organizations to examine (check) the compliance of the results provided for in the contract with the terms of the contract;
5) prepares materials for the consideration of cases of appealing the actions (inaction) of the customer and for performing claim work;
6) draws up and executes documents based on the results of the inspection.
3.1.3. As part of the labor function, management of subordinate employees:
1) distributes labor functions and official tasks among subordinate employees and exercises control over their implementation;
2) provides advisory support to subordinate employees, gives explanations and instructions within the framework of implementation labor functions subordinate employees;
3) ensures compliance with labor legislation and labor protection legislation in relation to subordinate employees, creation of working conditions that meet established requirements;
4) resolves conflict situations between subordinate employees;
5) ……… (other duties)
3.1.4. As part of the performance of his job functions, he carries out instructions from his immediate supervisor.
3.1.5. ……… (other duties)
3.2. When performing his duties, the leading procurement specialist must comply with the following ethical standards:
1) maintain confidentiality of information;
2) comply with the ethics of business communication;
3) take an active position in the fight against professional dishonesty;
4) not to disclose materials of working research;
5) not create conflict situations in the workplace;
6) do not commit actions that discredit the profession and reputation of colleagues;
7) prevent slander and dissemination of information discrediting other organizations and colleagues.
3.3. ……… (other provisions on job responsibilities)
4. Rights
A contract service employee has the right:
4.1. Participate in discussions of draft decisions of the organization’s management, in meetings on their preparation and implementation.
4.2. Request clarifications and clarifications from your immediate supervisor regarding these instructions and assigned tasks.
4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information and documents necessary to carry out the assignment.
4.4. Get acquainted with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.
4.5. Submit proposals for the organization of work within the framework of their labor functions for consideration by their immediate supervisor.
4.6. Participate in discussions of issues related to the duties performed.
4.7. ……… (other rights)
5. Responsibility
5.1. The contract service employee is held liable:
For improper performance or failure to fulfill one’s official duties provided for in this job description - in the manner established by the current labor legislation Russian Federation, legislation in the field of procurement;
For offenses and crimes committed in the course of their labor activity, - in the manner established by the current administrative and criminal legislation of the Russian Federation;
For causing damage to the organization - in the manner established by the current labor legislation of the Russian Federation.
5.2. ……… (other liability provisions)
6. Final provisions
6.1. Real job description developed based on Professional standard"Procurement specialist", approved by the Order of the Ministry of Labor and social protection Russian Federation dated September 10, 2015 N 625n, taking into account……… (details of local regulations of the organization)
6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).
The fact that the employee has familiarized himself with this job description is confirmed by ……… (by signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; in another way)
6.3. ……… (other final provisions).
Federal Law No. 44-FZ “On the contract system in the field of procurement” carefully regulates not only the procedures that the state customer has the right to use in order to carry out certain types of public procurement, but also explains which units or officials should carry out the procedures for conducting certain procurement procedures. Thus, in particular, special contract services should be created for state and municipal customers.
If the level of such an organization does not allow the creation of a contract service, then a special official is appointed - a contract manager.
What is a contract service or contract manager?
In order to carry out the procurement procedure intended to satisfy state or government authorities, the state customer is obliged to create a special unit or appoint responsible officials. Such services are called contract services, and the officials are called contract managers.
In accordance with Part 1 of Article 38 of Federal Law No. 44-FZ, a contract service is created in cases where the total annual volume of a particular customer exceeds one hundred million rubles. If this volume is not exceeded, then the state or municipal customer is obliged to appoint a responsible official, and the created position will be called a contract manager.
If the customer does not have a contract service, but has a contract manager, and the total annual income is quite large, then the customer can appoint several contract managers or assistants to one contract manager.
In order for a contract service or contract manager to fully carry out its actions, a special regulation is created that will fully regulate the entire scope of actions of such a service or official.
The creation of a contract service or the appointment of a contract manager for or a municipal customer must have been carried out before January 1, 2017. Otherwise, such a customer does not have the right to carry out procurement procedures to meet its needs.
This provision is fixed in Article 112, which regulates the phased entry into force of the new federal law.
Contract service models
For the government customer, it provides the opportunity to choose the model on the basis of which the creation of a contract service for procurement from a particular supplier will be carried out.
A rule for creating a contract service has been formed for state and municipal customers, according to which they have the right to make an independent decision on how the contract service will be formed.
However, the customer should remember that if the annual volume of purchases is more than one hundred million rubles, a contract service must be formed; if the volume is less than one hundred million, a contract manager must be appointed.
The government customer is given a choice of exactly how the contract service is formed:
- by forming an independent structural group that performs only the duties prescribed in the job regulations of the contract service and its direct employees. It is strictly prohibited to involve employees of such a unit in other types of work;
- by imposing the duties of contract service employees on employees of other departments, for example, procurement or accounting. The performance of the duties of a contract service employee must occur in conjunction with the duties of an employee of the structural unit in which this or that employee is registered.
Likewise, a contract manager, if he is appointed from among the current employees of various structural divisions of the customer, is assigned additional responsibilities that must be carried out in accordance with the provisions of his job descriptions for combined positions.
The mechanism and procedure for creating a contract service according to Federal Law No. 44-FZ
The creation of a contract service is a set of measures that is carried out by a state or municipal customer so that such a unit is fully engaged in carrying out the types of procurement required by law to meet the needs of such a customer. As mentioned above, the creation of such a service can be carried out by allocating an independent unit, as well as by allocating a group of employees from existing units in order to assign them the duties of contract service employees.
The creation of a contract service must be carried out on the basis of a special order on the creation of a contract service. This order is being prepared as the first of all documents that must be formulated to begin the full-fledged work of the created contract service. Additionally, special regulations are also being created that will fully regulate the activities of the contract service.
Special job descriptions are created for the head of the contract service, as well as for its leading specialists, which set out the rights and responsibilities of contract service employees. Within the framework of such a job description, all possible measures of liability that may be imposed on an official should be recorded if he commits a violation of the current legislation during his work in the contract service. A sample job description can be found at.
General procedure actions to create a contract service on the part of the government customer are as follows:
- issuance of an order on the creation of a contract service, which comes from the management of the state customer;
- creation of regulations on contract service;
- publication of regulations for the contract service;
- formation of contract service staff;
- publication of job descriptions for contract service employees;
- publication of commission regulations on competitive procurement.
Since the contract service carries out procurement, within the framework of which various procedures must be implemented, including using a commission review of documents provided by potential contractors, the state customer should also adopt special provisions that will regulate the actions of such commissions.
The contract service includes:
- head of a structural unit;
- specialists who work with potential suppliers through special procedures;
- employees who will resolve financial issues(often these functions are transferred directly to the customer’s accounting department employees).
A complete list of employees and their job responsibilities is created by the customer himself based on his needs. However, one condition must be met - all contract service employees must have the appropriate education.
Contract manager
A contract manager is an official who is appointed by the state customer in order for such an employee to carry out procurement procedures to meet the needs of the state or municipal customer. The appointment of a contract manager (regardless of how many such employees will be appointed) occurs if the customer’s total annual purchase volume is less than one hundred million rubles.
Such an employee is appointed on the basis of an order from the head of the organization with a description of all the duties assigned to him. In general, the procedure is as follows:
- issuing an order to create a position contract manager;
- order to appoint a specific person to a position contract manager;
- formation of job descriptions contract manager;
- formation of regulations on commissions for competitive procurement methods.
The job description for a contract manager combines the provisions of the job description of the head of the contract service and its ordinary employee. However, it must define all the rights and obligations that are imposed on such an employee. A sample job description for a contract manager can be downloaded from.
In addition, such a contract manager is often also given measures that may be imposed on an employee for non-compliance with the current legislation in the field public procurement.
When formulating regulations on commissions to control competitive procurement methods, it should be taken into account that the involvement of a contract manager as a participant in such a procurement is undesirable, since he is directly responsible for the ongoing procedures for monitoring competitive procurement.
A contract service or contract manager is a unit or independent official who carries out certain public procurements aimed at meeting state and municipal needs. The formation of an independent contract service or the appointment of a contract manager must be carried out in accordance with the provisions of Article 38 of the said law, and all appointed employees must undergo special training.
This position appears when the customer’s total annual purchases are no more than 100 million rubles, and there is no contract service.
One customer may have several contract managers on staff who will be involved in procurement in different areas. For example, one manager can purchase construction and repair work, another – a food basket, a third – various equipment, etc.
Responsibilities
The provisions of Part 4 of Article 38 of 44-FZ describe what the contract manager must do, whose duties are as follows:
- Develop and prepare changes to be introduced into this plan, place the plan in a unified information system, make changes to the plan.
- Develop a schedule, prepare changes for it, enter the schedule into the Unified Information System, make changes to the schedule.
- Prepare and post in the Unified Information System notices of procurement execution, procurement documents, prepare and send invitations to participate in the selection of suppliers in a closed way.
- Carry out procurement and conclude contracts.
- Participate in the consideration of cases related to appealing the results of the selection of suppliers and prepare material for carrying out claim work.
- Organize consultations with suppliers, if the case so requires, take part in such consultations to identify the competitive environment, identify the best technologies, and resolve issues related to the provision of government needs. this work should be carried out at the procurement planning stage.
- Perform other duties provided for by 44-FZ.
Requirements
The 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 of 44-FZ, only those persons who have undergone professional training or have certain skills can be included in the customer’s commission.
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 presence additional education in the purchasing area.
There is also such a thing as professional standards according to 44-FZ. The law has decided to no longer use the concept of “advanced training” in everyday life. There is professional training and retraining. Why not advanced training? The first concept is aimed at updating existing skills and increasing professionalism within existing education. The second concept is aimed at obtaining new qualifications, that is, the employee will be retrained.
The law established deadlines until January 1, 2017, for all employees in the position of contract manager to undergo retraining and meet the stated requirements.
A contract manager under 44-FZ is an employee who has the following documents:
- for those employees who received training at seminars with a completion time of 72-100 hours;
- certificate of advanced training: for those who have studied over 100 hours;
- Diploma of professional retraining: for those who have studied over 1000 hours.
Professional standards
Based on Part 1 of Article 9 of 44-FZ, employers must ensure their activities and the activities of the contract manager at professional basis. Therefore, the customer is obliged to assign the position of “contract manager” only to those employees who have the necessary skills and knowledge related to the procurement field.
In addition, such a specialist has the right to increase his level during work. vocational training, knowledge about procurement activities, skills corresponding to the position held, as well as the level of qualifications in the field of public procurement.
An employee who decides to undergo retraining must undergo training to become a contract manager. Training can take place both full-time and part-time. Nowadays distance courses are very popular. This form training involves continuous learning from the work itself. These courses consist of theoretical and practical parts.
Choosing distance learning, the employer must still be prepared to give the employee some free time to complete practical tasks. For those employees who improve their qualifications, a minimum of 16 hours of training is given. And for those who undergo retraining, a minimum of 250 hours is given.
The contract manager can be a new employee, an employee who is 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 exactly the contract manager’s job description should contain and what it should even contain. 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 indicate job responsibilities in employment contract or in an appendix to it, but in this case they must be drawn up in accordance with the professional standards of the contract manager.
Sometimes this option is not entirely convenient for implementation, so the management of the organization can draw up a document not specifically for the employee, but for the position as a whole. There is no specific sample of what the job description of a contract manager should look like. Therefore, each organization that has a similar position can create its own unified form.
There is one nuance that must be taken into account and the employee intending to occupy the specified position must be notified about this. The contract manager's instructions under 44-FZ must contain information that this employee is responsible before the law and may be fined or incur administrative punishment for failure to fulfill his duties or for abuse of his powers.
Responsibility
Taking into account the provision of Part 5 of Article 38 of 44-FZ, the responsibility of the contract manager is within the limits of the duties that he performs. The instructions must clearly describe the duties of the employee in this position and the responsibility that he bears for failure to fulfill these duties.
An employee is liable in accordance with the Labor Code of the Russian Federation for failure to fulfill or neglect of his job responsibilities provided for in the instructions, as well as for causing material harm to the employer.
In addition, the contract manager may face criminal, civil or administrative penalties for an offense that is committed in the course of his employment.
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 laws and regulations may face penalties, including criminal penalties.
Penalties
As mentioned above, a contract manager under 44-FZ, whose job description implies responsibility, must be attentive to his work. Penalties for failure to fulfill or abuse of one’s duties include:
- Administrative punishment. The amounts of fines are determined by the Code of Administrative Offenses of the Russian Federation.
- Disciplinary action.
- Criminal penalty.
Purpose
When appointing a contract manager, the customer must adhere to the following algorithm:
- a new position is introduced into the current staffing table of the organization;
- a job description of the contract manager is drawn up;
- an order is issued to appoint a contract manager in this organization.
Process automation
Currently, many programs are being created that are aimed at helping to adopt management decisions. Automation in public procurement is becoming increasingly popular.
Special programs perform monitoring, create schedules, notify suppliers and perform many other useful actions. But it won’t be long before machines 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 work time and labor costs.
Creation of a contract service
According to 44-FZ, mentioned more than once, the determining point in creating a contract service is the total annual volume of government procurement in accordance with the schedule.
The customer must create a contract service if the figure exceeds 100 million rubles.
Legislation gives customers a choice - to change structural system your organization, creating a new department, or distributing responsibilities between working employees through part-time work. And this is with an indicator below 100 million rubles. If it is not created, a contract manager is appointed in accordance with 44-FZ, whose job description includes all the duties prescribed by law.
Creation methods
If the employer has decided to create 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 permanent basis.
- The customer prepares an order indicating permanent staff employees. As a result, a separate service is formed (not to be confused with structural unit). Leadership is assumed by the deputy head of the organization. The main advantage of this method is the quick disbandment of the department if necessary. Typically such a service consists of several people.
Public Procurement Commission
According to Article 39 of 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. The exception is the situation when there is only one supplier.
The composition of the commission includes at least five people if it is:
- holding competitions;
- holding auctions;
- requests for quotes, proposals (single commission).
The composition of the commission must be at least three people if it is:
- conducting quotes;
- commission to review applications and final proposals.
If, when creating a commission, it turns out that it includes a person who is personally interested in choosing a specific supplier, the customer must immediately replace him with another individual who is not interested in the final result of the procurement.
The commission can perform its duties and make decisions if at least half of its members are present at the meeting.
Members of the commission must be notified in advance of the date, time and location of the meeting. Absentee decision-making, as well as transfer of voting rights, are prohibited.
