As is known, from July 1, 2016, the employer is obliged to apply qualification requirements and professional standards to the employee who will be engaged in procurement activities, if the requirements and standards are established (Article 195.3 of the Labor Code of the Russian Federation). On at the moment, professional standards “procurement specialist” and procurement expert” were introduced by Orders of the Ministry of Labor of Russia No. 625n and 626n, respectively.
Let's figure out what requirements an employer should set for an applicant who wants to work in the field of procurement and what professional qualities a specialist and expert in the field of procurement should have.
Purchasing specialist.
According to the professional standard established by Order of the Ministry of Labor of the Russian Federation No. 625n, a procurement specialist is responsible for monitoring and managing procurement for the efficient and effective use of funds allocated to meet state, municipal and corporate needs. Based on this, the professional standard applies not only to customers operating within the framework of 44-FZ, but also 223-FZ.
Labor functions are expressed in four points (generalized labor functions), each of which has specific subparagraphs (labor functions):
To be fair, it is worth noting that not all of the listed labor functions apply simultaneously to customers working under 44-FZ and 223-FZ. For example, justification for procurement is provided for by the provisions of Law No. 44-FZ, and Law No. 223-FZ does not provide for such measures, however, it is not forbidden to prescribe the possibility of this procedure in the procurement regulations. Also, control in the field of procurement is the responsibility of state and municipal bodies, and not customers.
However, using the data from section III Order of the Ministry of Labor of the Russian Federation No. 625n, we can compare the generalized labor functions specified in the Order with the possible names of positions and professions listed in the section.
1. Ensuring procurement for state, municipal and corporate needs:
- procurement specialist;
- contract service employee;
- contract manager.
In order for these employees to carry out their functional duties, requirements have been established for secondary vocational education, as well as additional vocational education(according to advanced training programs and professional retraining in the field of procurement).
2. Procurement for state, municipal and corporate needs:
- procurement consultant;
- contract service employee;
- contract manager.
For these workers, the bar for educational requirements is already higher - it is required higher education(bachelor's degree), as well as additional professional education (according to advanced training and professional retraining programs in the field of procurement).
3. Examination of procurement results, contract acceptance:
- leading specialist;
- contract service employee;
- deputy head of the department;
- head of department;
- head of contract service;
- contract manager.
Here, of course, a higher education is required, corresponding to the level of “specialist”, “master’s” and additional professional education (according to advanced training and professional retraining programs in the field of procurement). In addition, experience is required practical work at least 4 years.
4. Procurement control:
- advisor;
- deputy;
- supervisor.
Just as in the third point, these employees must have a higher professional education, additional professional education (obtained through advanced training programs and (or) professional retraining programs in the field of procurement. In addition, there are requirements for practical work experience, namely - at least 5 years in procurement, including leadership positions at least 2 years.
Having analyzed these data, we can come to the conclusion that to carry out procurement under 223-FZ, theoretically, one employee - a “leading specialist” who can perform three generalized labor functions at once - may be enough. Of course, if the customer has the opportunity to divide functions between several employees, each of them will perform his own set of such functions, corresponding to his professional level.
As we have already found out earlier, the fourth generalized labor function in no way applies to customers working under 44-FZ or 223-FZ, but is carried out by representatives of state or municipal bodies.
It is also worth noting that for each generalized function a qualification level is established, which increases as the functional responsibilities become more complex.
Expert in procurement.
The general information outlined in Order No. 626n of the Ministry of Labor of the Russian Federation states that the main purpose of this type professional activity is the study and assessment of the subject of examination, preparation of expert opinions, consulting in procurement to meet state, municipal and corporate needs.
There are already three categories of generalized labor functions, which in turn include labor functions. For ease of perception, we express this information in a diagram.
As in the case of considering the professional standard “procurement specialist,” we turn to the section III, but already Order of the Ministry of Labor of the Russian Federation No. 626n in the same way, comparing generalized labor functions with the possible names of positions and professions presented in this section.
1. Consulting in the field of procurement for state, municipal and corporate needs:
- procurement consultant;
- senior procurement specialist;
- contract manager.
To carry out these functional responsibilities, an employee must have a higher education at the bachelor's level, have additional professional education obtained through advanced training programs in the field of procurement, and practical work experience must be at least three years in the field of procurement. And, such an employee must meet qualification level 6.
2. Expertise in procurement for state, municipal and corporate needs:
- procurement expert;
- contract manager.
Here the employee corresponds to qualification level 7, has a higher professional education (specialist’s degree, master’s degree), and has completed additional professional education through advanced training programs and (or) professional retraining programs in the field of procurement. And this employee must have at least 4 years of practical experience in the procurement field.
3. Organization of work on examination and consulting in the field of procurement for state, municipal and corporate needs:
- deputy head/director (of department, department, organization);
- head/director (of department, department, organization);
- contract manager;
- head of contract service.
An employee performing these functions must meet level 8 qualifications, have a higher education (specialist’s degree, master’s degree), and undergo additional professional education through advanced training programs and (or) professional retraining in the field of procurement. Practical work experience must be at least 5 years in the procurement field, including at least 3 years in management positions.
Basically, the functions outlined in this professional standard are used by employees of various regulatory authorities. Customers can only implement the function of examining execution and examining the results of contract execution. Moreover, this applies only to customers operating under Law No. 44-FZ - in particular, in accordance with Part 3 and Part 4 of Art. 94, the customer is obliged to conduct an examination of the results provided by the supplier (contractor, performer) provided by the contract, in terms of their compliance with the terms of the contract. The examination can be carried out as on your own , and with the involvement of experts or expert organizations. The function of conducting an examination by the customer can be performed by him contract manager , whose qualification level exactly meets the requirements of the standard.
Examination of the execution and results of contract execution.
Let’s take this job function as an example and consider what kind of employee can perform it in accordance with the professional standard of “procurement expert.” according to part 3.2.2 of the professional standard, the employee performs a certain set of labor actions , has necessary skills , armed with a set necessary knowledge , and also corresponds to certain ethical standards .
Labor actions , which the employee carries out, consists of carrying out an examination of the fulfillment of the contract, compliance of the completed contract with the conditions established in the contract, and checking the conformity of the quality of goods, works, services with the conditions established in the contract. Besides, this employee is engaged in the preparation and execution of a document in the form of a conclusion based on the results of the examination.
From the labor actions we have examined, requirements for necessary skills an employee who must be able to use computers and other auxiliary equipment, communications and communications equipment. And, of course, during the examination, to identify violations of the fulfillment of the contract and the results of the completed contract, as well as to identify violations of the quality of goods, works, and services. And based on the results of the examination, draw up and draw up a conclusion.
In order to perform the job functions we mentioned, the employee must have necessary knowledge :
- requirements of the legislation of the Russian Federation and regulatory legal acts governing activities in the field of procurement;
- the fundamentals of civil, budgetary, labor and administrative legislation as they apply to procurement;
- economic fundamentals and features of pricing in the market by area;
- basics accounting in terms of application to procurement;
- fundamentals of statistics as they apply to procurement;
- features of the preparation of procurement documentation;
- procedure for establishing pricing factors and identifying quality characteristics affecting the cost of goods, works, services (in areas);
- features of claims work;
- methodology for conducting an examination of the compliance of the results provided for in the contract with the terms of the contract;
- ethics business communication and rules of negotiations;
- labor discipline and internal labor regulations;
- labor protection requirements.
An important feature of a true professional, in addition to the impeccable performance of assigned tasks, is, of course, his adherence to ethical standards. Thus, procurement experts should:
- maintain the confidentiality of information agreed with the customer;
- observe ethical business communication;
- take an active position in the fight against professional dishonesty;
- carry out the examination objectively and impartially, without regard to personal interests;
- do not hide or ignore reliable facts that refute the logic of the research and calculations carried out during the examination;
- do not disclose work research materials without the consent of the employer;
- don't create conflict situations in the workplace and in relations with the customer;
- do not take actions that damage the organization’s reputation;
- do not perform actions that discredit the profession and reputation of colleagues;
- prevent slander and dissemination of information discrediting other organizations and colleagues.
As we can see, professional standards do not simply describe the labor functions that a particular worker must perform, but bring various labor functions into line with these labor functions. professional qualities, which must be met by a procurement specialist and a procurement expert. By considering a kind of portrait of an employee, the employer will be able to most accurately navigate the choice of the specialist he is looking for. And the latter, in turn, has guidelines, based on which he can not only bring his professional level in accordance with the position held, but also understand what steps need to be taken for further professional and career growth.
You can learn more about professional standards using the following links:
The job description of a procurement specialist is mandatory document for an employee who conducts tenders in an organization. It should define the range of duties and responsibilities for tender specialist. From the article you will learn how to competently create a job description for a procurement specialist in 2020.
If an organization conducts tenders and concludes government contracts, it usually has a procurement specialist position on its staff. This specialty is relatively young: it appeared after the Federal Law on Public Procurement No. 44 came into force. This is a separate full-time position, for which a professional standard has been developed, and therefore requirements for the necessary qualifications and experience have been established. Therefore, an appropriate training program must be developed and approved for such an employee. job description.
When is a job description needed for a public procurement specialist?
If an institution or organization decides to introduce staffing table a separate expert who will deal exclusively with issues related to procurement under Law No. 44-FZ, it is necessary to develop a separate job description for him. At the same time, the organization may already have positions such as:
- purchasing managers;
- logistics specialist.
These employees are usually always found in organizations, including state and municipal ones. They provide all logistical needs, and are otherwise called “suppliers”. They differ from a government procurement expert in that his task is to formalize government contracts within the framework of No. 44-FZ. This requires not just special qualifications, but also compliance with new professional standards approved by the Ministry of Labor:
- "Procurement specialist";
- "Expert in procurement."
According to law 44-FZ, such a professional must be in every municipal or government organization. Organizations participating in tenders as suppliers may also introduce such a position. In this case, a separate job description for a procurement specialist must be approved if this responsibility is the main one for the employee. If he combines several positions, then it is possible to supplement the existing job requirements (Letter of Rostrud dated October 31, 2007 No. 4412-6).
Requirements for a public procurement specialist
In order for a person to apply for a position within the framework of Law 44-FZ, he must have:
- Profile education (secondary specialized, higher, additional) depending on the level of the position. Completion of advanced training courses approved at the state level is allowed.
- Sufficient practical and theoretical knowledge of the requirements of Law 44-FZ and by-laws in the field of public procurement.
- Experience with government contracts.
- Accounting skills and knowledge of document management (drawing and editing documents).
- Knowledge of basic economics and pricing.
All these conditions must be reflected in the relevant instructions.
Who approves the job description
Each organization or institution develops this document independently, so it is internal. Such an act must be approved by the head of the employing organization. There are no requirements established by law for the form and composition of job descriptions, so each employer has the opportunity to develop this document in accordance with its preferences and industry practice.
Example of a job description
The document structure usually includes several sections:
- General provisions (appointment procedure, subordination and required experience).
- Functional job responsibilities of a procurement specialist (must be specified in accordance with Law No. 44-FZ).
- Employee rights (requirements of the Labor Code).
- Responsibility of the employee.
- Working conditions (regime and procedure for conducting a special assessment of working conditions).
The developed job description for procurement must be signed by the boss structural unit, where the employee is employed. The contents of the document must be consistent with legal service. The employee himself must be familiarized with it by signature. He must receive one copy in his hands.
At the top of the document there must be the organization’s data (in the left corner) and the manager’s visa (in the right corner). Below is the name.
- the procedure for appointment and dismissal of a public procurement specialist;
- employee subordination;
- experience requirements;
- knowledge requirements.
Next section " Functional responsibilities"can be voluminous, since it needs to list absolutely everything that is part of the employee’s responsibilities. But you can make it concise, as in the example given. The main thing is that it meets the requirements of 44-FZ.
In the “Rights” section, do not forget to indicate the right to improve qualifications and access the necessary information from other departments of the organization.
The procurement specialist is responsible for control and management tender procedures. In the article we will talk about the responsibilities, as well as what the job description of a procurement specialist is under 44-FZ.
Responsibilities of a procurement specialist 44-FZ according to the professional standard
The professional standard for a procurement specialist was approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. Different indicators are established for different categories of employees. They include both theoretical knowledge and practical experience.
What requirements a specialist must meet depends on the scope of responsibilities assigned to him. For example, if he is engaged in preliminary collection of information about the customer’s needs, prices for goods, works, services, he must be able to use computer technology, means of communication and communications, work with databases, prepare documents, summarize the information received. The following knowledge is required:
- Legal regulations in the field of procurement;
- basics of civil, budget, land, labor and administrative legislation;
- fundamentals of antimonopoly legislation;
- basics of accounting;
- pricing principles;
- methods for calculating NMCC;
- basics of computer science;
- ethics of business communication;
- labor protection requirements.
If your responsibilities include directly conducting procurement procedures, the list of knowledge and skills will differ. The specialist must be able to choose a method for identifying a supplier, control the development of a draft contract, work in the Unified Information System, and draw up reports. In addition to the above, knowledge is required in the field of drawing up procurement documentation, the basics of statistics, the specifics of forming requirements for industrial and technical equipment, and regulations for the operation of trading platforms.
The minimum work experience in procurement for a contract manager is three years. If the procurement specialist's responsibilities include monitoring compliance with contract terms, four years of experience will be required.
Job responsibilities of a public procurement specialist
In Art. 38 of Law 44-FZ lists the following responsibilities:
- develop a procurement plan, prepare changes for inclusion in the procurement plan, place the plan in the Unified Information System;
- develop and publish a schedule;
- prepare and post notices, procurement documentation and draft contracts in the Unified Information System, prepare and send invitations to participate in identifying suppliers using closed methods;
- directly conduct procurement, including concluding contracts;
- participate in the consideration of cases of appealing the results of identifying suppliers;
- organize, if necessary, consultations with suppliers.
The customer specifies the responsibilities of the procurement specialist in the regulations. This document is drawn up on the basis of standard regulations approved by Order of the Ministry economic development RF dated October 29, 2013 No. 631.
Sample
There is no approved sample job description for a procurement specialist under 44-FZ. The document is drawn up in free form according to the rules of internal document flow of the enterprise, on letterhead. It specifies the requirements for the procurement specialist, his duties, rights, and responsibilities.
What sections does the job description of a procurement specialist contain:
- general provisions - procedure for appointment and dismissal, general information about the position, requirements for the employee based on professional standards;
- job responsibilities of a procurement specialist 44-FZ;
- employee rights;
- responsibility;
- final provisions - links to professional standards that are taken as the basis of the document.
If trading company wants to ensure success for herself, then she simply needs a specialist who can correctly build a procurement strategy, find best supplier products and negotiate with a partner on favorable conditions for the company. Such a person is a procurement specialist. Today, such a logistics profession is very in demand and relevant. Such a person must be able to navigate the market and be able to maintain a balance.
What is a Purchasing Specialist?
Purchasing specialist 223 Federal Law is a highly specialized specialist. The responsibilities of such an employee include drawing up purchasing plans (both long-term and short-term), checking the quality of the product purchased by the company, monitoring price changes and product promotion on the market, creating and implementing purchasing programs, managing the purchasing department, supply control, checking the needs of the enterprise in one product or another. At the same time, the trade procurement specialist must maintain the appropriate documentation and prepare it for the accounting department and database. Among the requirements that are usually presented to a specialist in this field is knowledge foreign language, as well as the ability to work with a computer with knowledge of Excel, Access, 1C.
And also a very important component is the availability of knowledge and the ability to navigate in the field of goods purchased by the company. Trade purchasing specialist must be a mobile, sociable person, able to compromise, diplomatic, attentive. It is such a person who negotiates with cooperating companies and must be able to conclude an agreement on terms that will be most beneficial for the company. At the same time, it is very important to have an analytical mindset, systematic thinking, responsibility, decency and at the same time cunning (because a trade procurement specialist must be able to find a workaround if necessary).
At the same time, such a specialist must have knowledge of the recently published law 223 Federal Law. This law (223 Federal Law) is on the procurement of goods, on the work and services of individual legal entities. It came into force not so long ago, in 2011. That is, without knowledge of the law 223 Federal Law no one can even call a specialist a specialist, and today when applying for a job (or in advertisements for the provision of logistics services) they very often indicate knowledge of the law 223 Federal Law. Purchasing Specialist- is a representative of logistics, and today logistics is a developing industry, it is simply necessary for companies that want to develop successfully. The demand for high-level specialists is growing more and more every year.
Job descriptions taking into account professional standards 2016-2017
Sample job description for a purchasing specialist
A sample job description is compiled taking into account the professional standard Procurement Specialist
1. General provisions
1.1. A person who has secondary vocational education, additional vocational education under an advanced training program and a professional retraining program in the field of procurement is accepted for the position of procurement specialist.
1.2. The purchasing specialist 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) the basics of accounting as applied to procurement;
5) features of pricing in the market (by area);
6) methods for determining and justifying the initial maximum contract prices;
7) features of drawing up procurement documentation;
8) fundamentals of computer science as applied to procurement;
9) ethics of business communication and rules of negotiation;
10) labor discipline;
11) Internal labor regulations;
12) labor protection requirements and fire safety rules;
13) ……… (other documents, materials, etc.)
1.3. A purchasing specialist must be able to:
1) use computer and other auxiliary equipment, communications and communications equipment;
2) create and lead information base data;
3) produce documents, form, archive, send documents and information;
4) summarize the information received, prices for goods, works, services, process it statistically and formulate analytical conclusions;
5) justify the initial (maximum) purchase price;
6) describe the object of purchase;
7) develop procurement documentation;
8) analyze received applications;
9) evaluate the results and summarize the procurement procedure;
10) formulate and coordinate minutes of meetings of procurement commissions based on decisions made by members of the procurement commission;
11) work in a unified information system;
12) check the necessary documentation for concluding contracts;
13) carry out the procedure for signing a contract with suppliers (contractors, performers);
14) interact with procurement commissions and technically support the activities of procurement commissions;
15) draw up and draw up a report containing information on the execution of the contract, on compliance with intermediate and final deadlines for the execution of the contract, on improper execution of the contract (indicating the violations committed) or on non-fulfillment of the contract and on sanctions that were applied in connection with violation of the terms of the contract or its non-performance, amendment or termination of the contract during its execution, amendment of the contract or termination of the contract;
16) arrange payment/refund cash;
17) arrange payment sums of money By bank guarantee in appropriate cases;
18) ……… (other skills and abilities)
1.4. The purchasing specialist is guided in his activities by:
1) Federal law dated 04/05/2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs", Federal Law dated July 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 governing
labor functions by position)
1.5. The procurement specialist reports directly to ……… (name of manager’s position)
1.6. ……… (other general provisions)
2. Labor functions
2.1. Ensuring procurement for state, municipal and corporate needs:
1) preliminary collection of data on needs, prices for goods, works, services;
2) preparation of procurement documentation;
3) processing of procurement results and conclusion of a contract.
2.2. ……… (other functions)
3.1. The Purchasing Specialist performs the following responsibilities:
3.1.1. Within the framework of the labor function specified in subclause 1 of clause 2.1 of this job description:
1) processes and analyzes information on prices for goods, works, services;
2) prepares and sends invitations to identify suppliers (contractors, performers) in various ways;
3) processes, forms and stores data, information, documents, including those received from suppliers (contractors, performers).
3.1.2. Within the framework of the labor function specified in subclause 2 of clause 2.1 of this job description:
1) forms:
Initial (maximum) purchase price;
Description of the procurement object;
Requirements for the procurement participant;
The procedure for assessing participants;
Draft contract;
2) draws up procurement documentation;
3) prepares and publicly posts notices of procurement, procurement documentation, draft contracts;
4) checks necessary documentation to carry out the procurement procedure;
5) provides organizational and technical support for the activities of procurement commissions;
6) monitors suppliers (contractors, performers) and customers in the field of procurement.
3.1.3. Within the framework of the labor function specified in subclause 3 of clause 2.1 of this job description:
1) collects and analyzes received applications;
2) provides organizational and technical support for the activities of procurement commissions;
3) processes applications, checks bank guarantees, evaluates results and sums up the procurement procedure;
4) prepares minutes of meetings of procurement commissions based on decisions made by members of the procurement commission;
5) carries out public posting of the results obtained;
7) checks the necessary documentation for concluding contracts;
8) carries out procedures for signing contracts with suppliers (contractors, performers);
9) carries out public posting of reports, information on non-fulfillment of a contract, sanctions, changes or termination of a contract, with the exception of information constituting a state secret;
10) prepares a document on acceptance of the results of a separate stage of contract execution;
11) organizes:
Payment for goods supplied, work performed (its results), services provided, as well as individual stages of contract execution;
Carrying out payment of amounts of money under a bank guarantee in prescribed cases;
Refund of funds contributed as security for the execution of applications or security for the execution of contracts.
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, a 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
The purchasing specialist 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. Familiarize yourself 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 purchasing specialist is held accountable for:
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. This job description has been developed based on Professional standard"Specialist in the field of procurement", 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).
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