Contract manager: job description. How and when an order for the appointment of a contract manager is needed - rules for execution and samples Sample order for the appointment of a contract manager

Hello, dear colleague! As you know, for procurement under contract system(44-FZ) The customer must appoint a contract manager or create a contract service. The decision to choose between creating a contract service or appointing a contract manager depends on the size of the Customer's total annual procurement volume. In this article we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and responsibilities he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy as a contract manager. ( Note: This article was updated on January 3, 2018).

1. Who is a contract manager?

Contract Manager — official, responsible for the implementation of a purchase or several purchases, including the execution of each contract.

The contract manager is appointed in the case when the total annual volume of purchases (abbreviated as AGPO) of the Customer does not exceed 100 million rubles and the Customer does not have a contract service (Part 2 of Article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for individual sectors of procurement activities. For example, one contract manager may be involved in the procurement of construction and repair work, the second is the purchase of food, the third is the purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can purchase the contract manager's book.

2. Contract service or contract manager?

Customers whose total annual purchase volume >100 million rubles , create contract services(while creating a special structural unit is optional). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. with SHOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Responsibilities of the contract manager under 44-FZ

According to Part 4 of Article 38 of 44-FZ, the responsibilities of the contract manager include:

1. development, preparation of changes for inclusion in the procurement plan, placement in the procurement plan and changes made to it;

1. development, preparation of changes for inclusion in the schedule, placement in a unified information system of the schedule and changes made to it;

1. 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 identifying suppliers (contractors, performers) through closed means;

1. procurement, including concluding contracts;

1. participation in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and preparation of materials for carrying out claim work;

1. organizing, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participation 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;

1. other powers provided for by 44-FZ.

A detailed list of the functions and powers of the contract service (contract manager) is contained in Section II of the standard regulations (regulations) approved.

Important point! According to Part 3 of Article 38 of 44-FZ, 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. Article 38 44-FZ does not provide responsibilities of the Customer to develop and approve regulations for the contract manager.

4. Contract manager job requirements

According to Part 6 of Article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager can 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 (i.e. . training according to 94-FZ).

5. Contract manager according to 44-FZ: job description

The Customer has 3 possible options for appointing a contract manager:

Option #1— Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar responsibilities and powers;

Option No. 2— Transfer a full-time employee to the position of contract manager (or similar position) with the conclusion of an agreement to change the terms of the employment contract;

Option #3— Agree with the full-time employee on the possibility of combining positions according to the rules of Article 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, the employee is paid additionally, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning CG should be as follows:

• introduction of a new position into the organization’s staffing table;

• development of job description for CU ( Note: As a rule, a job description consists of several sections - general provisions, job responsibilities, rights and responsibilities);

• issuance of an order appointing an official responsible for procurement (i.e. contract manager).

Also, Part 2 of Article 12 of 44-FZ establishes that officials of Customers bear personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation (Part 1 of Article 107 44-FZ).

7. Contract manager: training and professional standards

According to Part 1 of Article 9 of 44-FZ, the contract system in the field of procurement provides for the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers and specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (Part 2 of Article 9 44 -FZ).

As I said earlier, until January 1, 2017, the contract manager can be a person who has vocational 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 44-FZ).

In addition, a connection has been established between these standards and the Unified Qualification Directory of Positions of Managers, Specialists and Other Employees) and OKPDTR (All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Classes).

The professional standard “Procurement Specialist” (qualification level from 5 to 8) was developed for a group of positions:

• Purchasing Specialist;
• Leading specialist;
• Contract service employee;
• Contract Manager;
• Procurement Consultant;
• Deputy Head of Division;
• Head of department;
• Head of contract service;
• Advisor;
• Supervisor.

The professional standard “Procurement Expert” (skill level 6 to 8) was developed for a group of positions:

• Procurement Consultant;
• Senior Procurement Specialist;
• Procurement expert;
• Deputy head/director (of department, department, organization);
• Head/director (of department, department, organization);
• Contract Manager;
• Head of contract service.

In accordance with professional standards specialist in the field of procurement must have:

• Secondary vocational education;
• Additional professional education - advanced training programs and professional retraining programs in the field of procurement;

A expert must have:

• Higher education - specialty, master's degree;
• Additional professional education - advanced training programs / or professional retraining programs in the field of procurement.

For the second group of positions (i.e. “Expert in procurement”), it is mandatory not only to have appropriate education, but also work experience - at least 5 years in the field of procurement, including in management positions at least 3 years .

8. Search for a contract manager vacancy

I am often asked, “Where can I find a vacancy for a contract manager?” In fact, finding a job as a contract manager is easy. To get started, I recommend that you take a look at the most popular online job search sites:

1. www.hh.ru (HeadHunter);
2. www.superjob.ru (SuperJob);
3. www.rabota.ru (Rabota);
4. www.job.ru (Job);
5. www.avito.ru (Avito).

In addition, you can go to the websites of administrations or the websites of state (municipal) Customers, where sometimes there are advertisements for the search for procurement specialists.

Sometimes such advertisements are posted on or in thematic groups and communities on social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next issues.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

This position appears when the customer’s total annual purchases are no more than 100 million rubles, and there is no contract service.

One customer may have several contract managers on staff who will be involved in procurement in different areas. For example, one manager can purchase construction and repair work, another – a food basket, a third – various equipment, etc.

Responsibilities

The provisions of Part 4 of Article 38 of 44-FZ describe what the contract manager must do, whose duties are as follows:

• Develop and prepare changes for inclusion in this plan, place the plan in a unified information system, and enter changes into the plan.
• Develop a schedule, prepare changes for it, enter the schedule into the Unified Information System, make changes to the schedule.
• Prepare and post in the Unified Information System notices of procurement execution, procurement documents, prepare and send invitations to participate in the selection of suppliers in a closed way.
• Carry out procurement and conclude contracts.
• Participate in the consideration of cases related to appealing the results of the selection of suppliers and prepare material for carrying out claim work.
• Organize consultations with suppliers, if the case so requires, take part in such consultations to identify the competitive environment, identify the best technologies, and resolve issues related to the provision of government needs. This work should be carried out at the procurement planning stage.
• Perform other duties provided for by 44-FZ.

Requirements

The federal law does not contain specific requirements for an employee applying for the position of “contract manager” to improve his qualifications. But nevertheless, according to Article 39 of 44-FZ, only those persons who have undergone professional training or have certain skills can be included in the customer’s commission.

Federal law defines the requirements for those employees who want to become contract managers. Firstly, the employee must have a higher education, and secondly, a document confirming additional education in the procurement field.

There is also such a thing as professional standards according to 44-FZ. The law has decided to no longer use the concept of “advanced training” in everyday life. There is professional training and retraining. Why not advanced training? The first concept is aimed at updating existing skills and increasing professionalism within the framework of existing education. The second concept is aimed at obtaining new qualifications, that is, the employee will be retrained.

The law established deadlines until January 1, 2017, for all employees in the position of contract manager to undergo retraining and meet the stated requirements.

A contract manager under 44-FZ is an employee who has the following documents:

• for those employees who received training at seminars with a completion time of 72-100 hours;
• certificate of advanced training: for those who have studied over 100 hours;
• Diploma of professional retraining: for those who have studied over 1000 hours.

Professional standards

Based on Part 1 of Article 9 of 44-FZ, employers must ensure their activities and the activities of the contract manager on a professional basis. Therefore, the customer is obliged to assign the position of “contract manager” only to those employees who have the necessary skills and knowledge related to the procurement area.

In addition, such a specialist has the right, while working, to improve the level of professional training, knowledge about procurement activities, skills corresponding to the position held, as well as the level of qualifications in the field of public procurement.

An employee who decides to undergo retraining must undergo training as a contract manager. Training can take place both full-time and part-time. Nowadays distance courses are very popular. This form of training involves continuous learning from the work itself. These courses consist of theoretical and practical parts.

When choosing distance learning, the employer must still be ready to provide the employee with some free time to complete practical tasks. For those employees who improve their qualifications, a minimum of 16 hours of training is given. And for those who undergo retraining, a minimum of 250 hours is given.

The contract manager can be a new employee, an employee who is transferred to this position by order, or an employee who combines this position with the main one.

Job description

The legislation does not contain any notes on what exactly the contract manager’s job description should contain and what it should even contain. Therefore, the manager can independently choose a document that will regulate the work of the contract manager, which sets out the duties and rights of this employee.

You can indicate job obligations in an employment contract or in an appendix to it, but in this case they must be drawn up in accordance with the professional standards of the contract manager.

Sometimes this option is not entirely convenient for implementation, so the management of the organization can draw up a document not specifically for the employee, but for the position as a whole. There is no specific sample of what the job description of a contract manager should look like. Therefore, each organization that has a similar position can create its own unified form.

There is one nuance that must be taken into account and the employee intending to occupy the specified position must be notified about this. The contract manager's instructions under 44-FZ must contain information that this employee is responsible before the law and may be fined or incur administrative punishment for failure to fulfill his duties or for abuse of his powers.

Responsibility

Taking into account the provision of Part 5 of Article 38 of 44-FZ, the responsibility of the contract manager is within the limits of the duties that he performs. The instructions must clearly describe the duties of the employee in this position and the responsibility that he bears for failure to fulfill these duties.

An employee is liable in accordance with the Labor Code of the Russian Federation for failure to fulfill or neglect of his official duties as provided for in the instructions, as well as for causing material harm to the employer.

In addition, the contract manager may face criminal, civil or administrative penalties for an offense that is committed in the course of his employment.

It is legally established that contract managers may be individually responsible for compliance with the requirements established by the law on the contract system in the field of procurement. Persons who violate the laws and regulations may face penalties, including criminal penalties.

Penalties

As mentioned above, a contract manager under 44-FZ, whose job description implies responsibility, must be attentive to his work. Penalties for failure to fulfill or abuse of one’s duties include:

1. Administrative punishment. The amounts of fines are determined by the Code of Administrative Offenses of the Russian Federation.
2. Disciplinary action.
3. Criminal punishment.

Purpose

When appointing a contract manager, the customer must adhere to the following algorithm:

• a new position is introduced into the current staffing table of the organization;
• a job description of the contract manager is drawn up;
• an order is issued to appoint a contract manager in this organization.

Process automation

Currently, many programs are being created that are aimed at helping in making management decisions. Automation in public procurement is becoming increasingly popular.

Special programs perform monitoring, create schedules, notify suppliers and perform many other useful actions. But it won’t be long before machines replace human labor. Even though the program does most of the work, the employee must double-check all the information. But, nevertheless, automation significantly reduces work time and labor costs.

Creation of a contract service

According to 44-FZ, mentioned more than once, the determining point in creating a contract service is the total annual volume of government procurement in accordance with the schedule.

The customer must create a contract service if the figure exceeds 100 million rubles.

Legislation gives customers a choice - to change the structural system of their organization by creating a new department, or to distribute responsibilities between working employees through part-time work. And this is with an indicator below 100 million rubles. If it is not created, a contract manager is appointed in accordance with 44-FZ, whose job description includes all the duties prescribed by law.

Creation methods

If the employer has decided to create a contract service, then he has several ways to do this:

1. The customer forms a separate structural unit, the head of which is the head of the contract service. This method is relevant for very large enterprises, where the department includes a large number of employees working on a permanent basis.
2. The customer prepares an order indicating the permanent composition of employees. As a result of this, a separate service is formed (not to be confused with a structural unit). Leadership is assumed by the deputy head of the organization. The main advantage of this method is the quick disbandment of the department if necessary. Typically such a service consists of several people.

Public Procurement Commission

According to Article 39 of 44-FZ, the customer is obliged to decide on the formation of a commission before the start of procurement to identify suppliers. He appoints the composition of the commission, the order of work and the chairman. The exception is the situation when there is only one supplier.

The composition of the commission includes at least five people if it is:

• holding competitions;
• holding auctions;
• requests for quotes, proposals (single commission).

The composition of the commission must be at least three people if it is:

• conducting quotes;
• commission to review applications and final proposals.

If, when creating a commission, it turns out that it includes a person who is personally interested in choosing a specific supplier, the customer must immediately replace him with another individual who is not interested in the final result of the procurement.

The commission can perform its duties and make decisions if at least half of its members are present at the meeting.

Members of the commission must be notified in advance of the date, time and location of the meeting. Absentee decision-making, as well as transfer of voting rights, are prohibited.

The provisions of Law No. 44-FZ provide for the customer’s obligation to determine the official who will be responsible for conducting procurement procedures and bear responsibility for this. This is the contract manager. It should be borne in mind that such a position is introduced in an organization only if the annual volume of procurement procedures is no more than one hundred million rubles and there is no contract service.

What is an order

An order for the appointment of a contract manager is a document that confirms that a specific employee has been appointed to this position. Note that it can be taken by any employee of the organization who has the necessary knowledge in the field of tendering (higher or special additional education in this field).

There are several types of such documents:

• a local act on determining who is responsible for one trade procedure (it is necessary to indicate the specific purchase in question);
• appointment order for all procedures.

Let's figure out whether the order for the contract manager is mandatory. An employee can be appointed to this position in any way provided for by labor legislation. If we are talking about combining positions, then a local act is issued assigning the corresponding responsibilities to him (in this case, there is no need to create a separate local act on the appointment of a manager). If we are talking about a new employee who has come to this position, then it is necessary to issue an order “Contract Manager under 44 Federal Laws”; you will find a sample at the end of the article.

If the employee who is responsible for conducting tenders is not documented, then the head of the organization will bear the responsibility.

As follows from the provisions of 44-FZ, this local act is drawn up in any form in writing. In this case, you must provide the following information:

• surname, name, patronymic and position of the employee who is involved in the performance of duties;
• an indication of the purchase for which he is responsible (if we are talking about the implementation of all tenders, then it is necessary to refer to this fact);
• timing of individual actions (for example, development of procurement documentation or posting a notice of the procedure in the Unified Information System).

The preparation of such local acts of the organization is carried out by an authorized person (for example, a personnel officer or assistant manager), and this document is approved by the head of the organization.

It should be borne in mind that, from the point of view of labor legislation, the labor function of an employee upon appointment to the position in question expands, therefore the employer needs to make changes to the job description and the employment contract (which, we note, cannot be done without the consent of the employee).

If the customer plans to involve several employees in procurement, then the order of appointment must indicate which tenders each of them is responsible for (for example, for the purchase of software, computer equipment and components, or tenders related to food and medicines and drugs).

31.03.2018

To appoint a contract manager, it is necessary to issue an order; its form is not defined by law 44-FZ, so it can be drawn up in free form.

There may be several such persons; you can appoint someone responsible for one, several or all purchases. The total number of such persons is determined by the customer himself depending on his needs, this is stated in Article 38 of Law 44-FZ.

A contract manager is a person who monitors the execution of contracts, monitors the purchase of goods, and ensures their acceptance. It is convenient to assign this person according to the types of purchased values ​​(services, works). It is recommended that you select a suitable employee who has sufficient knowledge to perform the duties of the assigned role in the best possible way.

As a manager, the customer should choose an official who meets the specific requirements for the level of education set out in the legislation.

From January 1, 2017, the requirements for the level of education of contract managers have changed due to the next edition of 44-FZ.

Requirements
Until 01/01/2017	After 01/01/2017

How to issue an order (according to law 44-FZ)

One or more managers can be appointed with one order; responsibilities should be assigned to each, the scope of their responsibilities should be determined, and the process of their interaction should be coordinated.

The legislation does not establish a standard order form; it is recommended to draw up a free written form, drawn up on paper and certified by the signature of the customer’s manager. It is recommended to include the following information:

• general standard details - information about the customer’s company, name of the document, its number, place and date of execution;
• title;
• the reason for issuing the order is to ensure the provisions of Part 2 of Article 38 of Federal Law 44-FZ;
• Full name and position of the person who is appointed as the contract manager to carry out the purchase(s) during the period (time period);
• the moment the order comes into force;
• validity period of the order;
• signature of the manager and contract manager (the first approves the document, the second gets acquainted with it).

If there is a seal, it should be signed by the manager.

Download sample

Sample order for the appointment of a contract manager -

Useful video

See the video for specific features of the appointment:

Such an act is a documentary order of the manager, which he gives within the limits of his official powers, to appoint the employee specified in the text as a contract manager. This order is mandatory for execution by subordinates.

44-FZ does not stipulate either the registration procedure or the mandatory form of such a document, but without it it is impossible to build an effective procurement system for the customer.

The customer sets the type of document independently; it is sufficient to reflect the mandatory legal requirements for the contract manager. It is advisable to issue an order that performs the following functions:

• regulates procurement issues;
• assigns to individual employees specific powers to prepare, coordinate and approve documents that are necessary for procurement;
• fixes deadlines for fulfilling duties and responsibility for violating them.

How does the appointment take place?

Due to the fact that the appointment of an employee to such a position entails a change in his job responsibilities, as a rule, an expansion of his job function, it is necessary to carry out the following actions:

1. Obtain the employee's written consent to change his job duties.
2. Make adjustments to the employment contract (service contract) by changing the job description.
3. Issue a local act - an order appointing an employee to the position of contract manager.

Another, simpler way is to hire a new employee for this position with the conclusion of an employment contract.

What are the orders?

The appointment document is necessary to streamline and systematize all procurement activities of the customer.

There are two types of it.

The first is for a separate purchase or a separate area of ​​orders. For example, responsible for the purchase of a car with an initial contract price of 1 million rubles, or for the purchase of all medical consumables in the 1st half of 2017. One customer may simultaneously have several contract managers, each of whom is responsible for a separate sector of procurement activities.

The second - for all orders of the organization. That is, when one specialist controls all procurement activities and is responsible for it.

The expediency of such division is determined by the customer. In this case, you need to be guided by the specifics of the organization’s activities, as well as the frequency of procurement procedures. In any of the two cases, it must be remembered that the document must be drawn up in advance of the planned date of the order, taking into account the time that will be required for its planning, as well as the preparation of the notice and other documentation.

Content requirements

So, let’s figure out what is important to take into account when drawing up the order “Contract manager under 44 Federal Laws,” a sample of which you can download below. The document must contain the following information:

1. Link to Article 44-FZ on the appointment of a person responsible for public procurement.
2. Last name, first name, patronymic, position of the appointed official.
3. Functions and assigned powers, reflecting the timing of their implementation.
4. Information about whether the employee will be responsible for all purchases or only a specific area.
5. The person responsible for executing the order.
6. Signatures of the manager and designated persons.

The document is drawn up by an authorized official and approved by the manager. An important point is that when choosing a manager, the customer must make sure that he has a higher education, as well as additional professional education in the field of procurement (Part 6 of Article 38 of 44-FZ).

The preparation of an order for the appointment of a contract manager mainly occurs at unitary enterprises in the public sector. The peculiarity of these organizations is that they have the right to conduct commercial activities, but do not have their own property, and in order to carry out various types of procurement they need to have a contract service or, in the absence of one, a contract manager. This norm is established in Federal Law 44-FZ.

Tasks of a contract manager

The main function of the contract manager is to carry out procurement for the needs of the enterprise in the full cycle, starting from the selection of a supplier of goods or a contractor to the analysis of the carried out event.

Thus, at their core, his responsibilities include elements of strategic management, making major decisions, and calculating consequences.

After the order is issued

This document is the basis for making appropriate entries in the employee’s personal file and his work book, which is the responsibility of the HR specialist, as well as for calculating wages in the established amount, which is the function of an accountant.

How and for how long to store a document

During the entire period of validity, the order must be kept together with other administrative documentation of the enterprise in a separate folder in a place with limited access. After the relevance of the document is lost, it must be transferred to the archive of the organization, where it must be stored for a period specified in the internal local acts of the company or established by law (but not less than three years), then it can be disposed of.

We draw up an order for the appointment of a contract manager

The provisions of Law No. 44-FZ provide for the customer’s obligation to determine the official who will be responsible for conducting procurement procedures and bear responsibility for this. This is the contract manager. It should be borne in mind that such a position is introduced in an organization only if the annual volume of procurement procedures is no more than one hundred million rubles and there is no contract service.

What is an order

An order for the appointment of a contract manager is a document that confirms that a specific employee has been appointed to this position. Note that it can be taken by any employee of the organization who has the necessary knowledge in the field of tendering (higher or special additional education in this field).

Read also: Is it possible to keep the old plates when buying a new car?

There are several types of such documents:

• a local act on determining who is responsible for one trade procedure (it is necessary to indicate the specific purchase in question);
• appointment order for all procedures.

Let's figure out whether the order for the contract manager is mandatory. An employee can be appointed to this position in any way provided for by labor legislation. If we are talking about combining positions, then a local act is issued assigning the corresponding responsibilities to him (in this case, there is no need to create a separate local act on the appointment of a manager). If we are talking about an employee who has recently come to this position, then it is necessary to issue an order “Contract Manager under 44 Federal Laws”; you will find a sample at the end of the article.

As follows from the provisions of 44-FZ, this local act is drawn up in any form in writing. In this case, you must provide the following information:

• surname, name, patronymic and position of the employee who is involved in the performance of duties;
• an indication of the purchase for which he is responsible (if we are talking about the implementation of all tenders, then it is necessary to refer to this fact);
• timing of individual actions (for example, development of procurement documentation or posting a notice of the procedure in the Unified Information System).

The preparation of such local acts of the organization is carried out by an authorized person (for example, a personnel officer or assistant manager), and this document is approved by the head of the organization.

It should be borne in mind that, from the point of view of labor legislation, the labor function of an employee upon appointment to the position in question expands, therefore the employer needs to make changes to the job description and the employment contract (which, we note, cannot be done without the consent of the employee).

If the customer plans to involve several employees in procurement, then the order of appointment must indicate which tenders each of them is responsible for (for example, for the purchase of software, computer equipment and components, or tenders related to food and medicines and drugs).

Sample order for the appointment of a contract manager

Order on the appointment of a contract manager - one of the documents, the publication of which imposes on the employee responsibilities in the field of procurement, provided for by the Law “On the Contract System...” dated 04/05/2013 No. 44-FZ. In the proposed material we will tell you when such an order is issued and what information it contains.

Job responsibilities of the contract manager

When an order is issued to appoint a contract manager or to assign his duties under Law No. 44-FZ

Law No. 44-FZ, which regulates the procurement of goods (services, etc.) for state and municipal needs, has made it mandatory to appoint contract managers or form contract services in organizations carrying out public procurement subject to this law. Analysis of Part 2 of Art. 38 of the law allows you to formulate the basic conditions for publication order for the appointment of a contract manager(two conditions must be met) :

1. The volume of purchases for the coming year does not exceed 100 million rubles.
2. The organization does not have an active contract service. Such a service can also exist in an organization with a small volume of purchases; for example, it can be created earlier and continue to operate if the volume of purchases has decreased. If the service is available, a contract manager is not required.

An employee is appointed to a position in any way provided for by the Labor Code of the Russian Federation. Not a single regulatory act contains a ban on combining the position of a contract manager with another in accordance with Art. 60.2 Labor Code of the Russian Federation. In this case, no publication is required order for the appointment of a contract manager, it will be replaced by an order assigning appropriate responsibilities to the selected employee, issued with the latter’s consent.

Another option is to transfer the employee to this position. In this case, a transfer order is issued and the additional issuance of an appointment order is not required.

Part 6 art. 38 of Law No. 44-FZ established that such an employee must have any higher or additional professional education in the field of procurement, but, taking into account the peculiarities of work in this area, additional restrictions related to the candidate’s education were in force until January 1, 2017 and have now been removed.

Based on clause 2 of Art. 38 of Law No. 44-FZ and the clarifications of the Ministry of Economic Development on the application of this law, set out in the department’s letter dated September 30, 2014 No. D28i-1889, it becomes clear that several contract managers involved in various procurements can work in one organization at once.

The position of contract manager is not included in the Unified Qualification Directories of Positions and Professions. Therefore, it can be difficult for state and municipal institutions to hire an employee for this position. In this regard, the practice has developed of hiring an employee with the corresponding job responsibilities to replace an economist or accountant as being as close as possible to the position in question. However, there are 2 professional standards: “Procurement Specialist” and “Procurement Expert”, which can also be used.

Contents of the order for the appointment of a contract manager

The law does not contain a rigid form for drawing up such an order, but, like any other document, it must comply with business customs and personnel records rules. This means that it must indicate:

• name of the document;
• date of publication and registration number;
• wording on the appointment or assignment of responsibilities, if we are talking about the appointment of a manager for a specific purchase or several contracts, then this can be indicated separately;
• date of entry into office;
• signature of the manager and employee.