AT budgetary institutions In order to carry out public procurement, responsible persons must be appointed or a special structural unit created. This provision is spelled out in the relevant document - 44-FZ. We will try to understand all the nuances and subtleties of this issue.
Field of activity contract service (COP) and the contract manager (KU)
The contract service (contract manager) is engaged in the procurement. The activity begins with the planning and determination stage of the contractor (supplier, contractor). The final stage is an analysis of the effectiveness of the result and the fulfillment of the obligations of all parties to the contract.
Therefore, the work of the contract manager (contract service) is the implementation of the full procurement cycle. It also includes the claim stage.
But this is only the tip of the iceberg. The main positions for which these specialists are responsible are many. We will try to understand the basic nuances of this process.
Creation of a contract service, or appointment of KU
This process consists of several stages.
To begin with, the leader should study the legal acts 44-FZ. Next is the creation of the service. The manager determines the boss and the number of employees.
Therefore, more than two people will be engaged in this process. The immediate boss can provide each of them with their own work front and special specialization. Similar situations usually develop in two main ways.
Firstly, the head can share the professional responsibilities of employees on the functionality of public procurement. For example, one deals with TK, the other deals with reporting, the third carries out the process of interaction with suppliers, the fourth monitors and so on.
The second option. Each employee has the opportunity to complete the entire cycle of procurement procedures. But the boss determines for each a specific list of directions.
Otherwise, if there is no need to create a separate unit (we will dwell on this below), the appointment of one or another employee by the contract manager is carried out. The latter will alone perform the duties of the whole unit. Specialists must act strictly in accordance with the prescribed rights and obligations.
In this way, the highlighted steps must be implemented.
The head needs to remember one more important fact. When working with public procurement, there are a lot of actions, the wrong decision of which can lead to negative legal consequences, fines and miscellaneous type of responsibility. Therefore, the activities of only the employees of the Constitutional Court or the contract manager are not enough. They should be able to receive qualified advice from a lawyer specializing in these matters (permanent or as necessary). If possible, such an employee should be on the staff of the organization, especially a large one.
Naturally, the manager needs to pay attention to the training or retraining of service employees. Let us dwell on this in more detail.
Employee training. Is it necessary?
It doesn't matter if it's special structural subdivision or just a contract manager. Training, according to federal law (44-FZ), is compulsory for those involved in procurement in government agency. An employee needs to have a secondary vocational or higher education.
Prior to the entry into force of the aforementioned law, the contract manager or the contract service had to correctly compose an application and ensure that the order was placed correctly. Often, all the main things ended on this.
At present, the responsibilities of the CS staff include ensuring the entire procurement process, from planning to disposal. Moreover, the contract manager is now obliged to calculate the risks and possible consequences of his decisions. It is often about strategic management decisions of these employees. Therefore, the work becomes more complicated, there are many additional responsibilities and subtleties.
The manager should give significant attention to the important issue of employee training. These employees, as noted above, make purchases under the organization’s contracts, being responsible for each stage of this process until the very end. They are responsible for the goods (service), for making payments on time, documentation and drawing up a procurement plan for this organization. These positions are basic.
Thanks to the quality work of the contract managers, the company will be able to increase its productivity, competitiveness and efficiency. Therefore, each organization must take care of the training of contract managers.
According to the law, each such employee who has experience in this field and has a specialized higher or secondary specialized education has the right and obligation to improve his qualifications every three years. The volume of hours can be various, from sixteen to two hundred and fifty.
In the event that there is work experience, but there is no specialized education, further training will not be enough. It is recommended to undergo professional retraining. The duration of the course should be at least two hundred and fifty hours. Acceptable internships at your workplace.
Professional part-time education is carried out in a specialized educational institution (higher and secondary specialized). Further education courses can be taken there. As a rule, such programs include both lecture courses and a practical unit.
In recent years, distance learning has become widespread. This is a special kind of continuing education. The student does not attend school and communicates with teachers via the Internet. In modern conditions, when employees are not always able to break away from work or go on vacation, this opportunity is optimal. The student will be able to independently manage his time and the educational process, studying the methodological materials received from the teacher. After mastering the material, he reports, passing tests and exams. With distance education, this process is often also carried out using the Internet.
In recent years, an increasing number of educational institutions offer such programs and courses.
When is it necessary to create a contract service (COP)?
According to the above law, the determining factor in the creation of the COP is a single indicator. We are talking about the total annual procurement in accordance with the schedule.
The customer is obliged to create a contract service if this indicator exceeds the amount of one hundred million rubles. But by law he has a choice. The customer can make changes to the organizational system of the company by creating a new department. However, the practice is such that usually a special structural unit is not created. Employees work on orders on a part-time basis. This is valid.
If the indicator of the total annual volume is equal to or less than one hundred million rubles, then the customer has the right to create a COP or not.Otherwise, a contract manager should be appointed, who will perform all functions. It is also spelled out in law.
Ways to create a COP
The first way. The customer can form, as noted above, a separate structural unit, headed by the head of the COP. This approach is usually used in very large companies. Usually in such situations, the service consists of a large number of permanent employees who work in it on a regular basis.
The second way. The customer issues an order on the permanent composition of employees. As a result, a separate service is formed, but not a separate structural unit. It is usually headed by a deputy leader. The main advantage of creating such a department is that, if necessary, it can be disbanded very quickly.
Traditionally, the contract service should include two or more employees.
In the event that there is no need to create a COP, the head issues an order for the contract manager. An employee who performs the above positions is assigned. On the one hand, there is little work for him. But I have to tinker. The specialist will have to study the law and practice. The main thing is that usually such a load is additional. Therefore, the responsibility remains the same as in large organizations, and paid poorly enough.
Functional duties and qualification requirements of the head and employees of the COP
Such specialists must have a secondary specialized or higher education or undergo professional retraining in the procurement programs in the field of procurement. This requirement is prescribed by law. Naturally, the manager and employees should have special knowledge and skills in the field of procurement.
Contract manager. Functional Responsibilities and Qualification Requirements
The contract manager is an official who is always a member of the Constitutional Court. But if the total annual volume of the customer is less than one hundred million rubles, then by law he may not have a separate structure. In this case, a contract manager is appointed. Naturally, this specialist must have the appropriate education, as mentioned above, and also have professional qualities.
The 44-FZ contract manager is the official who is responsible for the process of making all purchases. In an organization, there can only be one.
Job description of the contract manager. Powers and Responsibilities
The 44-FZ contract manager usually has a number of mandatory positions in his job description. But, of course, the head has the right to supplement it.
The positions of the contract manager include the development of a procurement plan, the process of amending it and placing it in the UIS.
This specialist also draws up a schedule, as well as making changes to it with a mandatory placement.
The job description of the contract manager includes the preparation and placement of procurement documents in the UIS. The specialist deals with draft contracts, event notifications and invitations to suppliers when determining them in a closed way.
The contract manager must ensure the procurement and, of course, the conclusion of accompanying contracts. He is involved in the process of considering complaints from suppliers and preparing materials for claims and claims.
These are the basic positions that a contract manager must fulfill. Responsibilities are provided and prescribed by law.
Therefore, the contract manager has a lot of real and fairly routine work.He must prepare documents, collect information, conduct monitoring and auditing, constantly interact with other employees, consult with suppliers, post the necessary information on the Internet, monitor and accompany the procurement process. In addition, if any problems arise, this specialist is obliged to make visits to regulatory bodies and courts, and so on. Therefore, work is enough, especially for one employee.
Responsibility of the members of the COP and the contract manager
According to the law, there is a personal responsibility for the management bodies and members of the Constitutional Court for the extent to which their government purchases comply with applicable laws. In the event that violations were discovered, then this is the basis for bringing to justice. Depending on the situation and severity, it can be disciplinary, civil law or even criminal. Moreover, officials are also held administratively liable. These provisions are spelled out in law.
Therefore, in modern conditions it is not so easy to occupy the position of “contract manager”. A sample of the instruction, its mandatory points, is contained in the picture.
Naturally, this is a basic option that the manager can supplement with the necessary information.
Is it possible to automate the public procurement process?
Specialists unequivocally answer what is possible. To do this, you must use the currently existing programs. They are intended to assist the contract manager or contract service of the state customer.
Programs allow specialists to optimize the procurement process in accordance with current federal laws. This is due to the fact that they automate difficult and time-consuming operations. It is enough for a specialist to enter only data into the program.
Conclusion
In recent years, the field of public procurement has become very popular, attracting a large number of people. There are more and more people who are interested in who the contract manager is (vacancies are an important factor). Since there are specialists who meet the requirements of 44-FZ in terms of education and level of professionalism. And among them there are those who just now decided to choose this specialization. But there are specialists who already have experience behind their backs in another field, but are changing their profession radically, hoping to achieve recognition and results in a new one.
What is the reason for such a stir?
There is a misconception that the work of a contract manager is uncomplicated and highly paid. However, practice shows that this is absolutely not the case. Working in public procurement is difficult, but very prestigious.
In practice, everything looks as follows.
The qualification guide does not contain such a profession as a contract manager. Therefore, an employee who will work in this position will not have such a beautiful phrase in the workbook. The record will sound like anything: an economist, lawyer, engineer, accountant or specialist, but not a contract manager. This is a common fact.
The most important thing is that ads "contract manager, vacancies are open" can be found not so often. Practice shows that heads of state enterprises usually delegate these powers to their most reliable employees.
Practice shows that the bulk of the employees who are engaged in public procurement in a public institution are really specialists in related professions. Leaders give them extra work and, naturally, a headache. Moreover, employers do not always pay worthy additional functionality. Naturally, the latter need to undergo advanced training or professional retraining in order to occupy this position.
Therefore, it is rather difficult for a person to find such a position.
