Contract service employees and contract managers must have higher education or additional professional education in the field of procurement. Requirements for the position and education of a contract manager, professional standards. Why does the customer form

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 federal body executive power to regulate 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. Workers contract service, the contract manager must have higher education or additional professional education in the field of procurement.

Any budgetary institution must have a strict structure. In other words, each employee bears his share of responsibility and reports to superiors. When working in the procurement field, a contract manager (CM) must be appointed on the company's staff or a contract service (CS) must be created.

A structural unit (service) or an authorized employee (manager) may be required only if the company’s total annual purchases exceed 100 million rubles. The need for a contract service or bankruptcy trustee is prescribed in Federal Law No. 44. To make a choice, it is worth taking a closer look at what powers are vested in the bankruptcy trustee and the contract service as a whole.

The powers of the contract service and the contract manager are regulated by 44-FZ. The main focus of their work is organizing the procurement of goods and identifying a contractor to perform the necessary work.

At the initial stage, the activity consists of planning the upcoming event in order to determine the contractor or supplier. Upon completion of the event, the responsible employees or employee are obliged to analyze the effectiveness of the result obtained and the likelihood of all parties to the contract fulfilling their obligations. In other words, we can say that contract service employees must have a clear understanding of how procurement is organized and how the contractor is selected.

The immediate responsibilities of the contract manager and a specially created body - the contract commission - are to consider received claims and lawsuits.

The procedure for creating a contract service or selecting a bankruptcy trustee

The process of creating a service or appointing a manager is not very simple and includes several significant stages at once. Initially, the head of the enterprise must study all the legal aspects of the issue and decide which body will handle the procurement. It will be important to decide whether the main functions will be carried out by one employee or several people at once.

In such a situation, it is worth acting taking into account the total volume of procurement being carried out. If activities are performed regularly and frequently, then you should think about creating an entire service. After a decision is made, it is documented by issuing a special order.

Additionally, it is worth noting that the powers and functions of the contract service, as well as the contract manager, are prescribed in job descriptions, and may also be duplicated in the employment agreement.

Regulations and features of the work of a contract manager.

Not long ago, some changes were made to the area of government procurement. The activities of many enterprises have become more regulated, especially in terms of personnel issues. Since that time, the responsibilities of the customer enterprise began to include not only the organization of retraining of employees, but also the organization of a special service for procurement.

What is the activity of the Procurement Manager?

All important areas of activity, as well as the employee’s responsibilities, are specified in the employment agreement and in the job description. Direct formation of the service or employment of the CU is carried out taking into account the following procedure:

According to Federal Law-44, the head of the enterprise makes a decision to create a new position - a contract manager, and then, based on the document, a new staffing table is formed.
An applicant for the position of contract manager represents Required documents, and after carefully studying them, the manager makes the final decision. According to the provisions of Federal Law No. 44, a job applicant must have an identity card with him, work book and a paper on specialized education in the field of procurement.
At the final stage, new employee studies and signs job description, and then begins to study issues related to the performance of his direct duties.

Regulation of an employee’s work is carried out taking into account the current legislation, as well as based on what is the responsibility of the management committee.

Basic responsibilities of a contract service employee under Federal Law 44

The above law defines a list of responsibilities of a contract manager, which must be prescribed in the job description and in the employment contract. The list can be supplemented with other types of activities, but only after reaching a joint agreement between the employee and management. So, the responsibilities of the CU include:

he is responsible for developing a procurement plan, as well as for posting information in the Unified Information System;
the employee is engaged in registration necessary documentation and accompanies the conclusion of the transaction;
CU takes part in determining the cost of work, services or goods;
the employee searches for customers and blacklists suppliers (contractors);
prepares for the FAS inspection and deals with claims work.

The listed responsibilities are decisive for constructing the work of a specialist. At the conclusion of the procurement activity, the contract manager draws up a report describing the procedure, which is also included in the list of necessary actions.

Basic documentation of the contract manager - book, plan, report

A few words should be said about documentary activities contract manager. So, let's talk about each document in more detail:

Contract manager plan. Here we're talking about about a document that is drawn up at the very beginning of an employee’s work and, in fact, is the main document that determines the needs of the customer company for the long term. Most often, the document is drawn up for one or three years and contains the goals and timing of the planned procurement. The amount of funds allocated must be indicated. The document must be approved within 10 days after the adoption of the program of financial and economic activities.
Contract manager's report. The document is drawn up after the procurement plan has been executed. The timing of the report is determined taking into account the period of validity of the above plan. Separate reports are provided quarterly, no later than 10 days from the end of the quarter. Here we are talking about reporting in Form 1-contract or providing advantages during procurement. Every month, a report is submitted to the control department in the field of public procurement.
Book of the contract manager. A special manual developed on the basis of paragraphs of Federal Law-44, which allows specialists to clarify the necessary information within the framework of their professional activities.

The employee’s responsibilities include drawing up and processing the listed documents. Violation of these rules entails administrative liability and may lead to the dismissal of an employee. Most often, an employee is personally responsible for failure to post reports, and delay in submitting them by more than two days may result in a fine of up to 30 thousand rubles (for individuals) and up to 100 thousand rubles for legal entities. Standard sizes fine (in case of one day of delay) – up to 3 thousand rubles (for individuals) and up to 10 thousand rubles for companies.

In accordance with Part 2 of Art. 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law N 44-FZ) - if the total annual volume of purchases the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer is obliged to appoint an official responsible for the implementation of a purchase or several purchases, including the execution of each contract (contract manager).

At the same time, the specified person must have a higher education or additional professional education in the field of procurement (Part 6, Article 38 of Law No. 44-FZ).
Until January 1, 2016, a contract manager may 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 (Part 23 of Article 112 of Law No. 44-FZ).
Others mandatory requirements was not presented for the position of contract manager by Law No. 44-FZ.

Thus, within the meaning of the law, the customer must currently appoint a responsible official from among his employees, corresponding established requirements to education, including in his labor function the functions and powers listed in Part 4 of Art. 38 of Law No. 44-FZ.

In a situation where we are talking about an addition labor function already working employee with new responsibilities, such an addition can be made in the manner provided for in Art. 72 of the Labor Code of the Russian Federation, by concluding additional agreement to the employment contract.

The director of the institution is also a contract manager; in this case, does the director write an order for himself?

Article 20 Labor Code The Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) reveals the concepts of the parties to labor relations.
Thus, the parties to the labor relationship are the employee and the employer.
In this case, an employee is an individual who has entered into an employment relationship with an employer, and an employer is an individual or legal entity (organization) who has entered into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to enter into employment contracts may act as an employer.

According to Part 6 of Art. 20 of the Labor Code of the Russian Federation - the rights and obligations of the employer in labor relations carried out by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them, other persons authorized to do so in accordance with federal law, in the manner established by this Code, other federal laws and other regulations legal acts Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government, constituent documents legal entity (organization) and local regulations.

The head of the organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity (organization) and local according to regulatory acts, manages this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).

Consequently, the head of the organization has the right to issue orders in relation to all employees of the institution, and as an employer, issue an order on the appointment of an official responsible for procurement (contract manager) in compliance with the above-mentioned labor legislation.

FOR REFERENCE:
The provisions of Chapter 43 of the Labor Code of the Russian Federation apply to heads of organizations regardless of their organizational and legal forms and forms of ownership, with the exception of those cases when: the head of the organization is the only participant (founder), member of the organization, owner of its property; The organization is managed under an agreement with another organization ( managing organization) or individual entrepreneur(managers).

Does the head of an organization (customer), who has been trained under 44-FZ, have the right to be a contract manager?

Article 38 of Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) speaks, in particular, about the contract manager .

According to Federal Law 44, the organization must have a contract service or a contract manager. How many contract managers can be appointed in one budget organization? I. what is the maximum number of members of the contract service?

Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ) regulates the creation and functioning of the contract service and contract manager.

So, if the total annual volume of purchases of the Customer exceeds 100 million rubles, then in accordance with clause 1 of Art. 38 of Law No. 44-FZ, he MUST create a contract service. The contract service does not have to be structural unit customer (Part 1, Article 38 of Law No. 44-FZ). However, it must operate 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 (Part 3 of Article 38 of Law No. 44-FZ). Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631 approved the Standard Regulations on contract service.
This Standard Provision stipulates that the structure and number of the contract service is determined and approved by the customer, but cannot be less than two people (clause 7 of the Standard Provision). Those. the minimum number of contract service personnel is indicated; the maximum number is not legally limited and is determined by the customer independently.

If the total annual volume of procurement does not exceed 100 million rubles, the Customer has the RIGHT OF CHOICE - either to create a contract service or to appoint a contract manager - an official responsible for procurement, including the execution of each contract (clause 2 of article 38 of Law No. 44 -FZ).

At the same time, within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, we can conclude that the contract manager is the person responsible for carrying out a specific purchase or several purchases. It is this person who must be indicated as the contract manager in the documentation placed when purchasing in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, clause 6, part 5, article 80, clause 8, part 6, article 83 of Law No. 44-FZ). We were unable to find in Law No. 44-FZ a prohibition on the appointment of different persons as contract managers responsible for various purchases. The only limitation is the presence of 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 (Part 6 of Article 38, Part 23 of Article 112 of Law No. 44-FZ).

However, we believe that in a situation where several officials are appointed responsible for one procurement, the customer’s actions can be qualified as the creation of a contract service, which, as noted above, must act in accordance with Standard provision(regulations) on contract service (approved by Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 N 631).

FOR REFERENCE:
On the formation of a contact manager.

Contract service employees and contract managers must have higher education or additional professional education in the field of procurement (Part 6, Article 38 of Law No. 44-FZ). UNTIL January 1, 2016, a contract service employee or contract manager may be a person with 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 (Part 23 of Article 112 of Law No. 44 -FZ).

As the Ministry of Economic Development of Russia explains, AFTER January 1, 2016, all contract service employees, as well as the contract manager, must have higher education or additional professional education IN THE FIELD OF PURCHASING. This applies to state and municipal employees whose job regulations include responsibilities in the field of procurement. They are required, before January 1, 2016, to undergo professional training or advanced training under additional professional education programs in the field of procurement (see letter of the Ministry of Economic Development of the Russian Federation dated September 23, 2013 No. D28i-1070).

Does Federal Law No. 44 apply to subsidies?

According to Part 1 of Art. 15 of the 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" (hereinafter referred to as Law No. 44-FZ) - budgetary institutions make purchases using subsidies provided from budgets budget system Russian Federation, and other means in accordance with the requirements of this Federal Law, except for the cases provided for in parts 2 and 3 of this article.

If there is a legal act adopted budgetary institution in accordance with Part 3 of Article 2 of the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services certain types legal entities" and placed before the beginning of the year in a unified information system, this institution has the right to carry out in the corresponding year in compliance with the requirements of the specified Federal Law and legal act of procurement:

through grants transferred free of charge and irrevocably by citizens and legal entities, including foreign citizens and foreign legal entities, as well as international organizations who have received the right to provide grants on the territory of the Russian Federation in the manner established by the Government of the Russian Federation, subsidies (grants) provided on a competitive basis from the relevant budgets of the budget system of the Russian Federation, unless otherwise established by the conditions determined by the grantors;
as a contractor under a contract in the event that other persons are involved on the basis of a contract during the execution of this contract to supply goods, perform work or provide services necessary to fulfill the obligations of this institution under the contract;
at the expense of funds received from the implementation of other income-generating activities from individuals, legal entities (except for funds received for the provision and payment medical care for compulsory health insurance) (Part 2 of Article 15 of Law No. 44-FZ).

The decision taken by a budgetary institution to carry out the procurement specified in paragraphs 1 - 3 of part 2 of this article in the manner established by this Federal Law, or in accordance with the Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services of certain types legal entities" cannot be changed in this year(Part 3 of Article 15 of Law No. 44-FZ).

Which Federal Law (44 or 223) should autonomous healthcare institutions be guided by when making purchases from the Mandatory Health Insurance Fund?

First of all, we note that Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) should come into force only from January 1, 2014. Therefore, there is no law enforcement practice on its use, and, as far as we know, no official clarifications on this issue have yet been issued. Accordingly, we can only express our opinion on the interpretation of the provisions of this Law.

From January 1, 2014, an autonomous institution must be guided by the provisions of Law No. 44-FZ only in the cases listed in Part. 4 and 6 tbsp. 15 of this Law.

As stated in clause 3, part 1, art. 1 of Law N 44-FZ, this Law regulates relations aimed at ensuring state and municipal needs, in part relating, in particular, to the conclusion of civil contracts for the supply of goods, performance of work, provision of services on behalf of the Russian Federation, a subject of the Russian Federation or a municipal education, as well as a budgetary institution (hereinafter referred to as contracts). Others legal entities conclude contracts in accordance with the norms of Law N 44-FZ only in the cases listed in Part. 1, 4 and 5 tbsp. 15 of Law No. 44-FZ.

So, by virtue of Part 4 of Art. 15 of Law No. 44-FZ, the provisions of this Law regulating relations for planning procurement, identifying suppliers (performers, contractors) and concluding contracts, apply to autonomous institutions when planning and carrying out purchases using funds from the budgets of the budget system of the Russian Federation provided to such institutions in in accordance with the Budget Code of the Russian Federation and other regulatory legal acts governing budgetary legal relations, for capital investments in state facilities, municipal property. At the same time, in relation to such procurements, the provisions of Law No. 44-FZ are applied, regulating procurement monitoring, audit in the field of procurement and control in the field of procurement.

In addition, if, in accordance with the Budget Code of the Russian Federation or other regulatory legal acts regulating budget legal relations, government bodies, management bodies of state extra-budgetary funds, local government bodies, which are state or municipal customers, transfer their powers to carry out procurement free of charge on the basis of contracts (agreements) autonomous institutions, such institutions, within the limits of delegated powers, carry out, in the person of the specified bodies, the procurement of goods, works, services in accordance with the provisions of Law No. 44-FZ, which regulate the activities of state and municipal customers (Part 6 of Article 15 of Law No. 44-FZ).

In all other cases, the provisions of Law No. 44-FZ do not apply to autonomous institutions.

Article 94 of Law No. 44-FZ provides for a mandatory examination based on the results of each stage of contract execution. The delivery of individual food products (bread, dairy products) to our institution is carried out every day with the issuance of a waybill and invoice. Is it necessary to carry out an examination of the delivered goods with each delivery?

Yes, acceptance of goods is an element of contract execution in accordance with the provisions of Art. 94 of Law No. 44-FZ. When making a purchase, an examination of the results stipulated by the contract is always carried out, regardless of the method of determining suppliers and the frequency of stages of contract execution. Law No. 44-FZ lists cases of mandatory involvement of experts or expert organizations on the basis of an agreement (Part 4, Article 94 of Law No. 44-FZ). The case you described is not included in such a list, therefore in this situation you have the right to conduct an examination on your own.

In the All-Russian Classifier of Worker Professions, Employee Positions and Tariff Classes OK 016-94 (OKPDTR), approved by Decree of the State Standard of Russia of December 26, 1994 No. 367, there is no position of “Contract Manager”. How then can a person be appointed to this position and what should be indicated in the appointment order and work book?

The labor legislation of the Russian Federation does not provide for mandatory assignment of a position to OKPDTR. To be appointed as a contract manager, it is sufficient to introduce a new position into the organization’s staffing table, develop a job description for the bankruptcy manager, and issue a corresponding order. We draw your attention to the fact that the sequence of actions should be exactly this, since it is impossible to assign an employee to a position that is not in the staffing table. It is permissible to use the wording “on the appointment of an official responsible for procurement (contract manager)” in the order.

However, Part 5 of Art. 144 of the Labor Code of the Russian Federation obliges state and municipal institutions be guided by a single tariff qualification directory works and professions of workers, as well as a unified qualification reference book for positions of managers, specialists and employees. The position “contract manager” is not yet available in these directories. Before changing these documents, it is preferable, in order to protect yourself from the claims of the inspection body, to choose another position that is suitable in terms of functionality (for example, “legal adviser”) and indicate in its job description the full list of functions and powers given in Part 4 of Art. 38 of Law No. 44-FZ.

There are three possible options appointment of a contract manager:

hiring a new employee for the position of contract manager (or other position with similar functionality) with a conclusion employment contract;
transfer of an employee to the position of contract manager (or other position with similar functionality) with the conclusion of an agreement to change the terms of the employment contract determined by the parties;
combination of positions by an employee of an organization according to the rules of Art. 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, an additional payment is made to the employee, and appropriate changes are made to his job description).

system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ) speaks, in particular, about the contract manager.

So, according to Part 2 of Art. 38 of Law No. 44-FZ establishes that if the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for carrying out the purchase or several purchases, including execution of each contract - contract manager.

Within the meaning of the provisions of Part 2 of Art. 38 of Law N 44-FZ, we can conclude that the contract manager is the person responsible for carrying out a specific purchase or several purchases. It is this person who must be indicated as the contract manager in the documentation placed when purchasing in a certain way (clause 12, part 1, article 50, clause 10, part 1, article 64, clause 4, part 1, article 73, clause 6, part 5, article 80, clause 8, part 6, article 83 of Law No. 44-FZ). Law No. 44-FZ does not contain restrictions on the circle of officials who could perform the functions of a contract manager. The only limitation is the presence of 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 (Part 6 of Article 38, Part 23 of Article 112 of Law No. 44-FZ).

In a situation where we are talking about supplementing the labor function of an already working employee with new responsibilities, such addition can be made in the manner provided for in Art. 72 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), by concluding an additional agreement to the employment contract.

However, it is necessary to take into account the special status of the head of the organization.
The specifics of regulating the work of the head of an organization are established in Chapter 43 of the Labor Code of the Russian Federation. The provisions of this chapter apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, with the exception of those cases where: the head of the organization is the only participant (founder), member of the organization, owner of its property; The organization is managed under an agreement with another organization (management organization) or an individual entrepreneur (manager).

Regulations ch. 43 of the Labor Code of the Russian Federation does not prohibit a manager from combining positions in the organization he leads. However, federal laws, regulatory legal acts of constituent entities of the Russian Federation, municipalities, the charter of the institution may provide for restrictions on the combination of positions by the head. Thus, the charter may provide that the head of the institution does not have the right to carry out any activities other than managing the current activities of the organization. The provision for this prohibition must be enshrined in the employment contract concluded with the manager.

Consequently, if there are no restrictions in the concluded employment contract, additional work in the order of combining professions is entrusted to the manager by a person authorized to change the terms of his employment contract in accordance with the organization’s charter (the founder, or the owner of the institution’s property, or another authorized person), with the consent of the employee and with indicating a specific period, amount of additional payment, range of work performed.

Please note that, in accordance with Art. 276 of the Labor Code of the Russian Federation - the head of an organization cannot be a member of the bodies performing the functions of supervision and control in this organization.

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drawing up and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

To create a service, you need to prepare and adjust a number of documents:

Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
Register a standard resolution on the division of service under contracts;
Create labor regulations and approve them;
Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

With a separate structural department;
Without a separate structural department;
Creation of a contract manager position.

According to the law, the choice of the type of creation of the department responsible for concluding and conducting public procurement transactions depends on the size annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a separate contract service structural organization or not change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between forming a contract service or hiring a person to serve as a contract manager. This is the person responsible for conducting public procurement or procurement, including monitoring the execution of all procurement contracts. (Article 38.part 2).

Consequently, the customer’s right or obligation to form a new department, or hire a manager, is determined by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person under 44 Federal Laws or is this a violation of the law?

Read Federal Law-257 “On highways And road activities in the Russian Federation"

The number of contract services under 44 Federal Laws must be at least two full-time units. The number and positions of employees are approved by the customer. Who can be an employee in this department? It is possible to hire and dismiss an employee in the contracts department by order of the chief customer or the person replacing and performing his powers. The department is headed by the head of the contractual unit appointed by the customer. If the service was not created as a separate division, it is headed by the deputy head of the enterprise.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from the link.

Responsibilities and functions

The responsibilities of the contract service under 44 Federal Laws are to carry out government procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with an audit of the effectiveness of the implementation of the contract requirements by the parties to the transaction. Full list of service responsibilities:

Development of a procurement scheme;
Selection of transaction participants at all levels;
Signing contracts and their implementation;
Work with claims and claims from parties to the transaction.

Requirements for contract service

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of Federal Law 44. According to this paragraph, employees and managers, including, are required to have a higher or additional professional degree. education, take professional qualification courses in the field of public procurement. These standards have been made mandatory since January 2016. The period of retraining and studying retraining programs takes from 16 to 250 working hours.

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. Download The federal law“On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” can be found here.

To create a service, you need to prepare and adjust a number of documents:

Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
Register a standard resolution on the division of service under contracts;
Create labor regulations and approve them;
Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

With a separate structural department;
Without a separate structural department;
Creation of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting government procurement transactions depends on the amount of annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from

Responsibilities and functions

Development of a procurement scheme;
Selection of transaction participants at all levels;
Signing contracts and their implementation;
Work with claims and claims from parties to the transaction.

Requirements for contract service

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” at

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