Contract service as a structural one. Job description

Sample job description for contract service employee

The sample job description is compiled taking into account the professional standard

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) requirements of the legislation of the Russian Federation and regulations 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 principles of pricing;

5) the basics of accounting as applied 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 of 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 of 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 commission;

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 subordinate employees with advisory support, gives explanations and instructions within the framework of the performance of labor functions by 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 of the Russian Federation, legislation in the field of procurement;

For offenses and crimes committed in the course of their work activities - 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. This job description has been developed on the basis of the Professional Standard "", approved by Order of the Ministry of Labor and Social Protection of the 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).

The Federal Law “On Military Duty and Military Service” allows a citizen to enter into a contract with the Ministry of Defense, which provides for military service and the procedure for completing it. This document comes into force immediately after its signing and terminates from the moment the serviceman concludes another similar contract, as well as his exclusion from the lists of the military unit. Relations between the parties related to contract service are regulated by special laws, regulations, as well as regulatory and legislative state legal acts.

Contract: required information

The document includes the following points:

voluntary enrollment in military service;

Indication of the period of service;

Conscientious fulfillment of the terms of the contract, as well as all general, official and special duties;

Respect for the rights of the military man and his family, receipt of compensation and social guarantees.

Some difficulties are caused by the legal nature of the agreement under which contract service is carried out, since participants in military-service relations, which are also of a property nature, for example, the provision of monetary and other types of allowance, are not subject to civil law, including the rules of civil liability. Based on this, we can conclude that in this case, the parties who have entered into such a contract cannot be subject to the same sanctions as in case of violation of a civil contract.

Regarding the leadership of the federal executive body, which provides for military service, the right to independently indicate the specific duties and rights of a military serviceman, determined by the peculiarities of military service in a certain territory.

Differences between a contract and an employment contract

1. The normative basis of the employment contract is the Labor Code, and the contract is subject to the Federal Law “On Military Duty and Military Service,” as well as other legislative and regulatory acts.

2. The conclusion of a contract is limited to ages from 18 to 40 years.

3. The contract is concluded strictly for a certain period.

4. The employment contract provides for more stringent requirements for persons voluntarily entering military service. First of all, a citizen must meet the professional, psychological and medical requirements for certain military specialties; he must have a sufficient level of education, as well as good physical fitness.

From all of the above, we can conclude that a military contract is not part of an employment contract. This is a special agreement that has an administrative and legal basis with a clear indication of the mutual rights and obligations of the participants.

Types of contracts

Upon initial admission, an initial contract is drawn up, which is concluded with a citizen who has not previously been in the state forces on contract service. There is a special provision on contract service, on the basis of which new contracts are concluded with military personnel. The reason for this may be the expiration of the old contract, the transfer of a serviceman from the federal executive body to the Ministry of Defense, as well as a temporary suspension of military service.

In addition, contract service in the army can be regulated by short-term contracts, which are concluded to perform special one-time tasks during periods of emergency, such as large-scale natural disasters, holding special government events, restoring security, peace and constitutional order in the country, as well as much more. Of particular note are the contracts that are concluded with military personnel who have reached the age limit and wish to continue to remain in service. These can be either original contracts or new ones.

If military personnel undergo training in military educational institutions of vocational, secondary or higher education, postgraduate or doctoral studies, contract service is concluded with them for the entire duration of training, as well as for 5 years after its completion. Such agreements can be primary or new.

Duration of military contracts

Contract service has its own specific period, during which military personnel must strictly fulfill all the duties specified in the contract. After the expiration of the time specified in the contract, as well as in the absence of grounds for its further extension, the contract soldier must be dismissed and on the same day removed from the lists of personnel of the specified military unit.

For the first time the contract is concluded:

With a serviceman undergoing conscription military service, or with a citizen who enters a military position providing for the rank of sailor, soldier, sergeant or sergeant for a period of 3 years;

With a citizen of another state who enters a military position with the rank of sailor, soldier, sergeant or sergeant for a period of 5 years;

With a serviceman or citizen applying for the position of midshipman, warrant officer or officer for a period of 5 years;

With a serviceman who receives higher military education (for the entire period of training and for 5 years after its completion, while the general regulations for contract service can reach 10 years);

With a citizen who has undergone special training at a higher military center and is entering the position of officer for a period of 3 or 5 years;

The first contract with a serviceman may be concluded for a shorter period, with the condition that the total duration of his stay in the army will be 3 or 5 years.

Conditions of a contract

The main conditions include the following:

1) a citizen is obliged to remain in military service for the period established by the agreement;

2) military personnel must strictly observe the job description of the contract service, which is regulated by legislative and other regulatory documents;

3) a serviceman has the right to benefits, guarantees and compensation, as well as respect for the rights (of himself and his family members);

4) the specifics of military service are carefully spelled out in the contract and include the timing, procedure for assigning and removing military ranks, as well as the movement and promotion of a soldier up the career ladder. Contract service in the army is considered completed on the day the contract expires.

Early termination of the contract

You can terminate a contract early in the following cases:

• significant or systematic violations;
• failure to comply with the terms of the contract;
• organizational and staffing activities;
• transfer to service in the Ministry of Internal Affairs and other executive bodies;
• for health;
• for family reasons;
• the need for constant care for relatives who need it for health reasons;
• caring for a minor child who is being raised without another parent;
• vesting a serviceman with the powers of a senior government official;
• obtaining a deputy mandate;
• accusatory

Requirements for applicants for contract service

A citizen who enters contract military service must speak the state language fluently and also meet certain requirements. Medical examination of applicants is carried out in accordance with the “Regulations on Military Medical Examination”, on the basis of which a conclusion is issued on the suitability of a given citizen for military service. Professional and psychological selection is carried out by specialists who make an opinion on a citizen’s professional suitability for military service. These requirements are established by the heads of federal executive authorities or the Minister of Defense. An order for contract service can be drawn up only after all necessary procedures and measures have been carried out, on the basis of which a positive decision is made on this candidate.

Reasons for refusal to enroll in contract service

There are several main reasons:

It should be noted that any citizen who is refused to sign a contract service agreement has the right to appeal this decision to a higher authority, the prosecutor's office or court.

Application for admission to contract service

The application must provide the following information:

• Full name of the citizen, date of birth and place of residence;
• name of the body with which it is intended to conclude an agreement;
• estimated service life.

In addition to the application, you must present an identification document and proof of citizenship, as well as a completed and signed special application form, an autobiography written in free form, certified copies of a work record book and documents confirming a particular education. In addition, marriage and birth certificates (if available) will be required.

by contract

1. Monetary allowance and additional payments for length of service, qualifications, work with classified materials, special conditions of service, performance of risk-related tasks, special achievements, qualifying level of information and physical training, as well as annual financial assistance in the amount of one salary.

2. Annual compensation for round trip travel for military personnel in the Far North.

3. Food, clothing and housing provision.

4. Personal insurance.

5. Social guarantees in the field of education.

6. Payment of allowance when moving to a new duty station.

7. Social benefits when performing tasks in emergency conditions and during armed conflicts.

8. Payment of a one-time benefit upon dismissal from service.

9. Free diagnostics and treatment.

10. Free dentures.

11. Providing necessary medications.

Contract service 44-FZ

The regulation on the creation of the Federal Contract Service came into force at the beginning of 2014. This law defines the mechanisms for creating such a service. The main directions of reforming the public procurement system are personnel changes: the creation by the customer of a contract service, the appointment of a contract manager and procurement control commissions. Each contract service employee must have a professional or higher education in the field of procurement, which will allow him to perform his duties efficiently.

Why is contract service necessary? The purpose of this innovation is to responsibly and professionally implement the entire procurement cycle, from planning to obtaining a specific result. The customer himself must take care of the creation of a contract service; he also has the right to approve the structure of this unit and its number.

regulating the activities of the contract service of a budgetary institution

1. Constitution.
2. Federal Law No. 44-FZ.
3. Civil legislation.
4. Budget legislation.
5. Other regulatory legal documents.

Procedure

The full procurement cycle includes:

• planning;
• identification of supplier, contractor and performer;
• conclusion of an agreement;
• fulfillment of the terms of the contract;
• claim work.

The regulations on the contract service propose three models for its organization: with a structural unit, without it, or the appointment of a single one. According to Law No. 44-FZ, a contract service must be created by customers with an annual procurement volume of more than 100 million rubles. If such a unit is not formed, it is the customer's responsibility to appoint a contract manager - an official who will be responsible for the execution of each contract and procurement.

The provision on contract service, a sample of which contains clear step-by-step instructions, makes it possible to achieve maximum efficiency in the performance by the parties of their obligations under a specific contract. This law promotes transparency in trade relations between the customer, intermediary and contractor.

Is it possible to create your own contract service in each branch?

How many people to include in the contract service?

Does every employee need an electronic signature?

Can a lawyer be part of a contract service and at the same time engage in work that is not related to 44-FZ

Who is responsible for the terms of reference

Each of the contract service employees has their own specialization. How to ensure interchangeability

In our organization, each contract service specialist is busy with a specific task, for example: one plans, another places notices in the Unified Information System and accepts applications, the third deals with contracts with the supplier. When one of the employees fell ill or went on vacation, the department stood idle - no one knew how to do the other’s work. The same problem was with the members of the single commission. It happened that during a meeting more than half of the commission went on vacation. We solved the problem in three stages.
We train contract service employees in all processes and adhere to the principle of interchangeability. This way, employees also develop, which implies career growth.
We train employees in advanced training courses and on the job. We find out when a specialist goes on vacation, and in advance, for example a month in advance, we educate others about the key tasks that they will have to perform during the employee’s vacation. Since all procedures are carried out within the framework of the schedule, identifying the upcoming volume is not difficult. For filling a position we pay extra- this is an additional incentive.
To organize the learning process, follow the scheme:

1. Familiarize yourself with the professional standards in procurement, decide which program to train your employees in - How to apply professional standards: retraining and certification of employees.
2. Check out training tips from the Higher School of Public Procurement: How to improve your qualifications or undergo retraining at the Higher School of Public Procurement.
3. Decide how to purchase educational services, follow the procedure: How to purchase educational services.

What to do if you haven’t allocated money for contract service training?

How to avoid staff turnover due to low salaries

• the work that the employee will perform additionally, its content and volume;
• the period during which the employee will perform additional work;
• amount of additional payment for combining positions.

• timely and efficient work on preparing the necessary documentation for procurement and bidding;
• preparation of operational, including unscheduled, reporting and information;
• compliance with deadlines for the preparation and transfer of draft contracts;
• compliance with the deadlines for processing protocols of disagreements.

Who pays the fine for an employee who quit?

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.

The general procedure for creating a contract service on the part of the government customer is 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 norms of current legislation in the field of 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.

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 the procurement plan and the changes made to it in a unified information system;

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 state of the competitive environment in the relevant markets for goods, works, services, determine 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 exercises 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.