The standard provision for the functioning of the customer's contract service is approved. Standard regulations (Regulations) of contract service

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Question

We are going to update all orders “On the contract service, on approval of the composition of the commission for acceptance of goods. The composition of the unified commission for procurement, on the appointment of persons responsible for working with the register of contracts on the all-Russian official website, on the appointment of persons responsible for the exchange of information signed electronic digital signature, determination of the initial maximum price)". And related provisions and procedures for working with 44 Federal Laws.

Answer

The regulations on contract service must comply with Order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013 No. 631. The legislation does not establish standard forms for other documents. Special requirements there are no such documents.

When developing the acceptance regulations, it is necessary to take into account that the commission may also include persons who are not on the customer’s staff (Letter of the Ministry of Economic Development of the Russian Federation dated March 17, 2016 No. D28i-634).

When developing regulations on NMCC, it is necessary to take into account Order of the Ministry of Economic Development of the Russian Federation dated October 2, 2013 No. 567, which is advisory in nature.

The rationale for this position is given below in the materials of the State Finance System .

“Responsible employees work with procurement. Large customers create a contract service. If there are not many purchases, a contract manager is appointed.

How to create a contract service

The contract service is created by customers with (SGOZ) more than 100 million rubles. If the SGOS is smaller, the customer himself chooses: to create a contract service or appoint a contract manager. This is stated in Part 1 of Article 38 of the Law of April 5, 2013 No. 44-FZ.

Create a contract service in one of two ways.

1. Form a new structural unit or assign functions and powers to a unit that performs supply functions. Head contract service will be the head of the department. He is appointed by the head of the institution or enterprise by his order.

2. Create a consolidated, non-staff service from employees of various structural divisions. In this case, the contract service will be headed by the customer’s manager or one of his deputies.

Important: create one contract service. The possibility of creating several services or appointing a contract manager in addition to the service is not provided for in Law No. 44-FZ.

For contract service, develop and approve regulations (Part 3, Article 38 of Law No. 44-FZ of April 5, 2013). In it, write down how you create the service, the number of employees, and functions. Follow the standard regulations (regulations) approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

Appoint employees with special education. Outside citizens cannot be included in the contract service.

Such clarifications are provided by the Ministry of Economic Development of Russia in letters dated July 13, 2016 No. D28i-1807, dated January 31, 2014 No. OG-D28-834.

How to appoint a contract manager

Appoint a contract manager, if not more than 100 million rubles.

The contract manager is appointed by the customer's manager by order. And all functions are described in detail in the job description. It does not matter what position the employee holds. The customer is not required to allocate a separate contract manager position in the staffing table.

You can appoint multiple contract managers. Assign certain functions and powers to each. But it is impossible to appoint a contract manager and create a contract service at the same time.

This is stated in Part 2 of Article 38 of Law No. 44-FZ dated April 5, 2013 and letters of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889, dated February 18, 2015 No. OG-D28-2128, dated January 31 2014 No. OG-D28-834.

What are the requirements for specialists?

Appoint employees with special education and who meet professional standards to the contract service or contract manager.

To work with procurement, specialists must have a higher or additional professional education in the field of procurement. Appoint a contract service employee or contract manager to the position:

• with higher education in procurement;
• with higher education in any specialty and additional professional retraining in the field of procurement of at least 250 hours;
• with any secondary vocational education and additional professional retraining in the field of procurement of at least 250 hours.

For civil servants, any higher education and a 16-hour advanced training program are sufficient.

This is stated in Part 6 of Article 38 of the Law of April 5, 2013 No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated July 13, 2016 No. D28i-1807.

These requirements have been in effect since 2017. In the meantime, the education that they received under Law No. 94-FZ is sufficient for specialists. For Crimeans your order. Until 2017, their specialists will only need education in Ukrainian legislation on public procurement.

This conclusion follows from Part 23 of Article 112 of the Law of April 5, 2013 No. 44-FZ and is explained in letters of the Ministry of Economic Development of Russia dated May 25, 2015 No. D28i-1327, dated March 2, 2015 No. D28i-438.

In addition to the contract manager and contract service employees, other employees also need to be trained in procurement. Those whose job responsibilities include working in this area. For example, members of the procurement commission. Organize advanced training for them in a timely and efficient manner. In the future, employees undergo training as necessary, but at least every three years. This is stated in the letter of the Ministry of Economic Development of Russia dated September 23, 2013 No. D28i-1070 and Methodological recommendations for the implementation of programs additional education in the field of procurement to the joint letter dated March 12, 2015 of the Ministry of Economic Development of Russia No. 5594/EE/D28i and the Ministry of Education and Science of Russia No. AK-55Z/06. From July 1, 2016, be sure to use professional standards in terms of requirements for education, knowledge and skills contract manager and contract service employees. The procurement law requires checking their qualifications.

For the contract manager and contract service employees, apply professional standards:

• specialist in procurement, approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n;
• expert in the field of procurement, approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n.

What do contract managers and services do?

The contract service and contract manager organize the entire procurement process, including:

• plan purchases: draw up a purchase plan and schedule, make changes;
• post notices and documentation in the Unified Information System, invite participants for closed procurements;
• conclude contracts, etc.

The list of main functions and powers is given in Part 4 of Article 38 of the Law of April 5, 2013 No. 44-FZ. The list is open, so the customer has the right to determine additional functions and powers based on Law No. 44-FZ*.

Specialized organization

For procurement purposes, customers have the right to involve . The presence of a contract service or a contract manager in this case does not matter. But some of the customer’s powers cannot be transferred to a specialized organization. She has no right:

• create a procurement commission;
• determine the NMCC of the contract and its essential terms;
• approve the draft contract, tender or auction documentation;
• to sign a contract.

This conclusion follows from Part 1 of Article 40 of the Law of April 5, 2013 No. 44-FZ and it is explained by specialists of the Russian Treasury in a letter dated June 3, 2015 No. 05-07-09/19.

Does the government need to create a contract service or appoint a contract manager if it delegates its powers as a customer to other persons? No no need. After all, almost all functions are transferred. Authorized body or institution:

• plans and conducts procurement;
• identifies suppliers, contractors and performers;
• concludes state and municipal contracts;
• executes state and municipal contracts.

This follows from Part 5 of Article 26 of the Law of April 5, 2013 No. 44-FZ and is explained in the letter of the Ministry of Economic Development of Russia dated April 11, 2014 No. D28i-477.”

Model regulations (regulations) on contract service (Order of the Ministry economic development RF dated October 29, 2013 N 631) came into force on January 1, 2014. The exception is 4 subparagraphs of paragraphs 11 and 13, which will come into force on January 1, 2015.

Let us consider the structure and content of this by-law, which determines the procedure for the creation and functioning of the contract service.

The standard provision (regulations) on contract service consists of three parts:

I. General provisions

II. Functions and powers of the contract service

III. Responsibility of contract workers

Part I of the regulations reveals the following key points:

1. Purpose of the Model Regulations on Contract Service.
2. Goals of contract service.
3. Requirements for creating a contract service.
4. Regulatory documents that guide the contract service in its activities.
5. Basic principles of creation and functioning of a contract service
6. Methods for creating a contract service.
7. Structure and number of contract service
8. Head of a contract service with the formation of a separate structural unit and without the formation of a separate unit.
9. Functional responsibilities of the contract service:

• coming into force on January 1, 2015;
• coming into force on January 1, 2014.

Part II of the regulations defines the functions and powers of the contract service

10. Functions and powers of the contract service at various stages of the procurement process:

• when planning purchases;
• when identifying suppliers (contractors, performers);
• upon execution, modification, termination of the contract:

11. Other powers provided for by Federal Law.

12. Obligations and requirements established by Federal Law for contract service employees

13. Powers of the head of the contract service.

III. part of the regulations establishes the responsibility of contract service employees

Comparative analysis of the functions of the contract service according to 44-FZ and the Model Regulations (Regulations) on contract service.

An approximate calculation of the functions of the contract service gives an idea of ​​at what points in the activities of the contract service a detailed specification is given.

In 44-FZ part 4. Art. 38 “Contract service” is given 6 main functions of the CS:

1. stage planning procurement - 3 functions;
2. stage - 3 functions;
3. stage supplier definitions(contractors, performers) - there is no list of functions;
4. stage implementation of the contract- 2 functions;
5. stage contract appeals- 2 functions.

The Model Regulations on Contract Service define the following: functions and powers of the contract service:

1. stage planning procurement - 13 functions;
2. stage placement in a single information system - 12 functions;
3. stage supplier definitions(contractors, performers) - 10 functions;
4. stage implementation of the contract- 19 functions;
5. stage contract appeals- 3 functions.

Characteristics of the functions of the CS according to the Standard Regulations

The functions and powers of the contract service are defined at various stages procurement process:

1. stage planning procurement - 13 functions;
2. stage 12 functions;
3. stage supplier definitions(contractors, performers) - 10 functions;
4. stage implementation of the contract-19 functions;
5. stage contract appeals - 3 functions

In part 4. Art. 38 “Contract service” is given 6 main functions of the CS

1. stage planning procurement - 13 types of activities - 3 functions;
2. stage placement in a unified information system - 3 functions;
3. stage supplier definitions(contractors, performers) - there is no list of functions;
4. stage implementation of the contract-2 functions;
5. stage contract appeals - 2 functions

Stage of procurement planning according to the Standard Regulations

a) develops plan procurement;

b) provides justification procurement when forming a procurement plan;

d) organizes statement procurement plan, schedule;

e) defines and justifies initial (maximum) contract price,

p.2 p.14 organizes mandatory public discussion purchases of goods;

p.6 p.13 organizational and technical ensuring activities commissions on procurement;

p.7 p.13 attraction experts, expert organizations;

p.1 p.14 organizes if necessary consultations with suppliers(contractors, performers) and participates in such consultations;

clause 3 clause 14 accepts participation in approval of requirements to certain types of goods, works, and services purchased by the Customer;

p.5 p.14 is developing draft contracts, including standard Customer contracts, standard terms and conditions of Customer contracts;

clause 6 clause 14 carries out checking bank guarantees received as security for the execution of contracts, for compliance with the requirements Federal Law;

clause 8 clause 14 organizes payment of funds under a bank guarantee;

item 1 is being developed plan procurement, prepare changes for inclusion in the procurement plan, place the plan in the unified information system procurement and changes made to it;

clause 2. develops schedule, prepare changes for inclusion in the schedule, place the schedule and the changes made to it in a unified information system;

clause 6 organizes, 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, and determine the best technologies;

clause 7 implements other powers provided for by Federal Law.

Stage of placement in a unified information system according to the Standard Regulations

Stage of placement in a unified information system for 44-FZ

clause 8 clause 13 preparation and placement in the UIS notices;

paragraph 9 paragraph 13 direction invitations, accommodation plans and schedules in the UIS ;

p.p.3 p.14 approval of requirements to purchased goods, works, services;

(contractors, performers).

clause 3 preparation and placement in the UIS notices , procurement documentation and draft contracts, direction invitations take part in determining suppliers (contractors, performers) in closed ways

Stage of identifying suppliers (contractors, performers according to the Standard Regulations)

The stage of identifying suppliers (contractors, performers) according to 44-FZ

a) chooses supplier determination method(contractor, performer);

b) clarifies as part of the price justification contract price and its justification ;

c) carries out preparations minutes of commission meetings ;

d) provides provision institutions and enterprises of the penal system, organizations of disabled people advantages in relation to the contract;

e) ensures implementation purchases from small businesses .

Stage procurement, including concluding contracts according to the Standard Regulations

Stage procurement, including concluding contracts under 44-FZ

review of bank guarantees;

organization of contract conclusion ;

inclusion in the register of unscrupulous suppliers

return Money contributed as security for the execution of applications or security for the execution of contracts.

clause 4 provide implementation procurement, including conclusion of contracts;

Stage of appealing the actions (inaction) of the Customer according to the Standard Regulations

Stage of appealing the Customer’s actions (inaction) 44-FZ

inclusion in the register of unscrupulous suppliers(contractors, performers);

direction to the supplier(contractor, performer) claims for payment of penalties(fines, penalties);

participation in the consideration of cases of appeal against actions(inaction) of the customer and implementation preparation of materials to carry out claim work.

P. 5. participate in the consideration of appeal cases results of identifying suppliers (contractors, performers) and carry out preparation of materials to carry out claim work;

Obligations and requirements established for CS employees according to the Standard Regulations:

Obligations and requirements established for CS employees according to 44-FZ (Article 9) :

do not allow disclosure of information that became known to them during the procedures for determining the supplier (contractor, performer), except for cases expressly provided for by the legislation of the Russian Federation;

don't negotiate with procurement participants until the winner is identified and the supplier (contractor, performer) is identified, except in cases expressly provided for by the legislation of the Russian Federation;

attract in cases, in the manner and taking into account the requirements provided for by the current legislation of the Russian Federation for their work experts, expert organizations .

Professional basis in the field of procurement.

Training and advanced training of employees.

Materials used to prepare the article:

1. Law No. 44-FZ of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”
2. Model regulations (regulations) on contract service (approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631).

Reproduction of materials is subject to copyright law.

Contract service under 44-FZ

The structure of the contract service is determined by the framework (standard) provision, but each customer sets it independently. Let's look at what functions to assign to the contract service and how to assign powers to the contract manager.

Contract service structure

How much is the consulting market worth for the work you do every day?

Like a completely new system public procurement, the contract system imposed a new obligation on customers to create a contract service or appoint a contract manager.

If the total annual volume of purchases of the customer does not exceed 100 million rubles., then the customer independently makes decisions on how to implement this obligation. That is, the appointment of a contract manager is a right, not an obligation.

The program was developed according to methodological recommendations Ministry of Economic Development of Russia and Ministry of Education and Science of Russia and fully complies with the Professional Standard.

A serious problem for any customer is the organization of internal control of procurement activities. And it is simply necessary to prevent accidental or intentional violations during procurement, which can then be detected by external controllers. What legal mechanisms are there for this? The author believes that the most optimal of them is expanding the powers of the contract service and the contract manager.

Contract manager under 44-FZ

If the customer has chosen to appoint a contract manager, then such employee is assigned responsibilities both in accordance with his position and in accordance with his appointment as a contract manager.

An institution may have several contract managers appointed. Moreover, if there are several of them, you need to specify what duties each of them performs.

Retraining of contract managers. Why there is no need to split the training course, read the answer to the question"

For proper registration, it is necessary to issue a local act of appointment.

One, for example, is responsible for purchasing products. The other is for plans and schedules. The third is for entering information into the register of contracts.

But in practice it is very rare for there to be several contract managers.

How to make a career in procurement: what the professional standard requires from contract managers

So that in a contract service, those who made them are actually punished for mistakes, create a table of job tasks. And approve it as an annex to the contract service regulations. How to make and fill it - We'll tell you in the article"

Russian practice shows that the majority of customers whose income does not exceed the established limit decide to create a contract service (rather than appointing a contract manager), which is due to the lack in our country of proper motivation and material incentives for the contract manager as an official who bears almost exclusively the entire responsibility for the procurement of a specific customer. The appointment of a contract manager leads to staff turnover in this position.

Ethics of communication of a procurement specialist: requirements and norms of professional standards

“What is your work experience” and “have you undergone retraining” are important, but not the only questions of the customer to whom you will come to apply for a job. Find out what else you will be asked about when interviewing for a contract manager position in the article “6 control questions for a contract manager during an interview: a cheat sheet for applicants”

Indeed, in the case of creating a contract service, it is assumed that there will be an equal distribution of responsibilities between its members, and when a contract manager is appointed, such an official individually exercises all functions and powers.

During the absence of the contract manager, the customer issues an order to appoint a person temporarily performing his duties.

“Terms of reference without errors - 10 recipes from FAS practice”

Konstantin Edelev, State Order System expert

Use the phrase “or equivalent” only with the trademark. For example, the customer planned to renovate the premises and wrote in the terms of reference: “Tiefengrund primer or equivalent.” If you put a phrase next to a product or technology that does not have a trademark, the FAS will consider that you have violated the law. Read the recommendations for other mistakes to avoid when drawing up technical specifications:

Contract service under 44-FZ

The structure and number of contract service is determined and approved by the customer, but cannot be less than two people.

Can the deputy head of the legal support department be the head of the contract service?

The contract service can be organized by creating a separate structural unit or by approving by the customer a permanent composition of its employees performing the functions of the contract service (without creating a separate structural unit). Therefore, it is not always necessary to change the staffing table.

Since the contract service conducts procurement from the moment of planning until the moment of execution of contracts and reporting, it is assumed that the contract service should include representatives of the legal and financial structural divisions of the customer and, of course, full representatives of the structural division responsible for organizing public procurement.

The contract service may be a kind of add-on.

This is the case if it proceeds without the formation of a structural unit. For example, it can be created by an order from a manager issued to individual accounting employees. AO, procurement department (if such exists) are assigned the functions of the KS. Moreover, if the inclusion of individual employees in the CS is associated with a change or expansion labor functions, and therefore with a change employment contract, then such inclusion can only be carried out with the consent of base employees and subject to changes in their job descriptions.

The contract service is headed by the head of this service. If it is created as a separate structural unit, it is headed by a manager who is also appointed to the position by order of the head of the customer or an authorized person performing his duties. The contract service, created without the formation of a separate division, is headed by the head of the customer or one of the deputy heads of the customer, which is confirmed by letter of the Ministry of Economic Development of Russia dated 06/04/2015 No. D28i-1514.

Inspections reveal violations of this. For example, in an institution, the chief accountant or the head of the administrative office, who are not deputies of the head, has been appointed head of the CS.

The head of the legal or financial departments cannot be the head of a contract service created without the formation of a separate structural unit, if such an employee does not have the status of deputy. head of the organization.

It is very rare in practice when the head of an institution is appointed as the head of the CS.

✔ Useful forms (templates) in the field of procurement:

At its core, the contract service assigns a special rank to all customer employees involved in the procurement process, with the exception of employees who open envelopes with applications from procurement participants, review and evaluate applications, as well as accept contract execution.

An official for whom an electronic digital signature has been issued who does not have an order to transfer authority from the manager cannot sign a contract. If the manager goes on vacation, then the acting There may be 2 digital signatures in case of breakdown or loss. Deadline... The flash drive is lost.

IMPORTANT! The customer must also have a purchasing commission.

Unlike the contract service, the permanent work of the procurement commission depends on the decision of the customer. According to which it can either be a permanent structure (a single procurement commission) that performs procurement functions by using any of the methods for determining a supplier (except for a single supplier), or be created separately for in various ways supplier determinations (tender, auction, quotation commissions, commissions for reviewing applications for participation in the request for proposals and final proposals). A purchasing commission can also be created separately for each purchase.

The main purpose of the work of the procurement commission- determination of the supplier (contractor, performer) - means the need to open envelopes with applications, evaluate, review and compare applications of procurement participants, which determines the possibility and logic of including both internal and external specialists in the field of public procurement in the procurement commission.

Interestingly, the implementation this right the customer is possible within the framework of his creation of a procurement commission, according to the operating procedure of which its composition is constant, except for one of its members - a specialized specialist, who is appointed before each purchase in accordance with the characteristics of the specific product, work or service required by the customer.

The functional responsibilities of the contract service determine the unspoken rule according to which it consists of the customer’s employees, and there is no need to involve third-party individuals.

Consequently, the contract service is a permanent “purchasing body” of the customer.

What does the commission do?

What does a contract service do?

Opens envelopes with applications for participation in the competition

Develops a procurement plan (schedule), including preparing changes to them

Keeps a record of opening envelopes with applications for participation

Prepares and places procedural documentation in the Unified Information System

(notification, documentation, draft contracts)

Signs the envelope opening protocol

Ensures the procurement process, including the conclusion of contracts

Reviews and evaluates applications for participation in the competition (request for quotations, auction of the first and second parts) and makes a decision on admission

Participates in the consideration of cases of appealing the results of procedures and prepares materials for claims work

Signs the protocol of consideration and evaluation of applications and the protocol of summing up the results

Organizes consultations with suppliers at the planning stage

Draws up a protocol for considering applications

Other powers provided for by the contract system

The functions prescribed in Art. 38 of Law No. 44-FZ

The contract service and contract manager exercise the following functions and powers:

1. develop a procurement plan, prepare changes for inclusion in the procurement plan, place the procurement plan and 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 the Unified Information System of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the identification of suppliers (contractors, performers) in closed ways;
4. ensure procurement, including the conclusion of contracts;
5. participate in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work; (as amended by Federal Law dated June 4, 2014 N 140-FZ)
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.

Requirements for contract service employees

In accordance with Part 23 of Art. 112 of Law No. 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.

At the moment, there is a joint letter from the Ministry of Economic Development of Russia No. 5594-EE/D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated March 12, 2015 “On the direction of methodological recommendations.”

It is recommended to set a minimum period for mastering programs, regardless of the training technologies used, of at least 108 hours, except for the cases established by clause 2.4 Methodological recommendations(clause 2.3 of the Methodological Recommendations).

Thus, for most employees, advanced training should be at least 108 hours. The exception is the heads of customer organizations - for them at least 40 hours.

Find out how to choose the right procurement courses and where to get your state-certified training. read the article"

What requirements do employers place on contract managers?

Example of a job description

Contract manager (skill level 6)

Department of Culture of the City of Moscow "Izmailovsky Park of Culture and Leisure" Moscow

Salary: up to 45,000 rubles, work experience from 3 to 6 years, higher education

1. develops a procurement plan, prepares changes for inclusion in the procurement plan, places the procurement plan and changes made to it in a unified information system;
2. develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in a unified information system;
3. prepares and places in the unified information system notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in identifying suppliers (contractors, performers) in closed ways;
4. ensures procurement, including the conclusion of contracts;
5. participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers) and prepares materials for performing claim work;
6. organizes, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participates 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 provide state and municipal

Knowledge of the Federal Law of 04/05/2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

At least three years of experience in procurement

Regulations on contract service

The contract service operates in accordance with regulations (regulations) developed and approved on the basis of standard regulations (regulations) approved by the federal body executive power on regulation of the contract system in the field of procurement.

In addition to the order on the composition of the contract service, the customer is obliged to approve the order on the regulations (regulations) of the work of the contract service based on the standard regulations.

Thus, the responsibilities of contract service employees are listed as:

• Article 38 of the Law on the Contract System;
• Order of the Ministry of Economic Development of Russia dated October 29, 2015 No. 631 “On approval of the standard regulations (regulations) on contract service.”;
• order of the customer on the regulations (regulations) on contract service.

According to the specified order of the Ministry of Economic Development of Russia, there is only one reservation regarding membership of the contract service: the regulations (regulations) on the customer’s contract service can establish that contract service employees cannot be members of the procurement commission.

In the same time this order assigns contract service employees responsibilities for:

• preparing minutes of meetings of procurement commissions based on decisions made by members of the procurement commission;
• providing organizational and technical support for the activities of procurement commissions, including ensuring verification of information about the procurement participant;
• ensuring the safety of envelopes with applications for participation in procurement, security, integrity and confidentiality of applications for participation in procurement submitted in the form of electronic documents and ensuring consideration of the contents of applications for participation in procurement only after opening envelopes with applications for participation in procurement or opening access to those submitted in form of electronic documents for applications for participation in procurement.

In fact, the same responsibilities lie with the members of the procurement commission, which makes it impossible to exclude the majority of members of the procurement commission from the contract service. In addition, the regulations on the contract service may determine the procedure for interaction of the contract service with other departments of the customer and the procurement commission.

Requirements for additional professional education are established by Art. 76 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation.”

According to clause 12 of the “Procedure for organizing and implementing educational activities for additional professional programs", approved by Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499, the minimum permissible period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs cannot be less than 250 hours.

An example of building contract services in the institutions of Rosvodresurs

Rosvodresursy, as a federal executive body, has a network of territorial bodies and subordinate institutions in all regions of the Russian Federation. In this regard, a decentralized procurement organization has been adopted here, in which more than 60 agency institutions are customers. The article describes the experience of building contract services in subordinate organizations.

With a total annual procurement volume of about 6 billion rubles, among organizations Federal agency water resources(Rosvodresursy) there are both customers who purchase more than 400 million rubles per year, and customers whose purchases amount to 4-5 million rubles.

In accordance with such a significant difference in the volume of procurement, the formation of contract services in the agency’s organizations took place differently.

Contract service structure

In the Rosvodresursov system, more than half of the organizations that have the right to appoint contract managers have moved on to creating contract services. If the contract service is created as a separate structural unit, it is headed by the head of the structural unit, appointed to the position by order of the head of the customer or an authorized person performing his duties. Rosvodresursy did not use this method of organizing contract service.

In the system of the Federal Water Resources Agency, contract services have been created in 68% of territorial bodies and subordinate organizations, and contract managers have been appointed in 32%. At the same time, the contract services include on average 57% of the management team and 43% of specialists, given that the performance of the functions assigned to the contract service requires the involvement of specialists from various fields - suppliers, financiers, lawyers, economists, technical specialists, estimators, builders (designers), accountants.

Specialization of Rosvodresursy contract services employees

As for the specialization of service employees, production workers and business executives account for 30% and 10%, respectively, of the total number of contract service employees. Accountants and financiers make up 14%, legal advisers - 9%, economists - 16%. Managers and IT specialists account for 18% and 3%, respectively:

Quantitative composition of the contract service under 44-FZ

The quantitative composition of contract services in the Rosvodresurs system can be divided into several groups.

Contract services, where the composition includes 2 or 3 people, account for 29%. The share of contract services consisting of 5-7 people is 49%. In other cases, contract services consist of 8 to 15 people.

An example is the structure of the contract service, which includes:

• supervisor;
• group of procurement initiators - 4 employees;
• group for organizing procurement planning and identifying suppliers - 4 employees;
• group for organizing the acceptance of goods, work, services - 3 employees;
• payment assurance group - 1 employee;
• group for carrying out claims work - 2 employees.

Is it possible to create a contract service in an organization instead of the position of a contract manager? The volume of purchases increased, but did not exceed the threshold required to organize a contract service.

Major violations of Law No. 44-FZ by employees of contract services of Rosvodresursy

The main violations of the Law on the Contract System committed by employees of contract services of Rosvodresursy include:

• violation of legal requirements governing placement on environmental protection facilities;
• incorrect determination of the method of placing orders, concluding contracts without carrying out procedures, inflating the price of contracts, failure to comply with legal requirements when organizing and conducting competitions that violate competitive mechanisms;
• inclusion of illegal conditions in the tender and auction documentation, which entails limiting the circle of procurement participants;
• violations in the content of tender/auction documentation, as well as failure to fulfill the obligation to make purchases from SMP and SONPO;
• violation of the procurement procedure;
• absence from contracts mandatory conditions on the liability of the supplier (contractor, performer) for failure to fulfill or improper fulfillment of obligations, etc.

Contract service employees who have committed administrative offenses under Art. 7.29-7.32.1, part 7, 7.1 art. 19.5, Art. 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

Contract service. Contract service in the army. Regulations on contract service

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 serviceman 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 in this case the parties who have entered into such a contract cannot be subject to the same sanctions as for violation of a civil contract.

Regarding labor relations, leadership of the federal executive body, which provides for military service, has 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. Regulatory framework the employment contract is 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 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 legal basis with a clear indication mutual rights and responsibilities of 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 circumstances, such as large-scale natural disasters, holding special state 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 are undergoing military training educational institutions professional, secondary or higher education, postgraduate or doctoral studies, contract service with them is concluded for the entire duration of study, 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;

With a conscript soldier, the first contract 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 prescribed in the contract and include the terms, procedure for assignment and removal military ranks, as well as the movement and advancement of a fighter along 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;
• care minor child who is being raised without another parent;
• vesting a military officer with the powers of a senior official government official;
• obtaining a deputy mandate;
• court verdict.

Requirements for applicants for contract service

A citizen who enters contract military service must communicate freely in state language 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:

• lack of vacant positions that correspond to the candidate’s specialty and training;
• negative decision according to the results competitive selection;
• non-compliance;
• conviction, serving a sentence, unexpunged or unexpunged conviction;
• court decision on deprivation of the right to hold a military position.

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 work book and documents confirming this or that education. In addition, marriage and birth certificates (if available) will be required.

Material support for contract military personnel

1. Salary and additional payments for length of service, qualifications, work with classified materials, special conditions services, performing risk-related tasks, special achievements, qualification level informational 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.

Regulatory framework governing 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 contract manager. 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.

Model Regulations on Contract Service

MODEL PROVISIONS (REGULATIONS)

I. General provisions

1.1. The Contract Service is a structural division of the Customer, created to ensure the implementation of procurement, the total annual volume of which, in accordance with the schedule, exceeds one hundred million rubles.

1.2. This standard regulation (regulation) (hereinafter referred to as the Regulation) establishes the procedure for the formation and powers of the contract service when purchasing goods, works, services to meet state or municipal needs, including at the stage of procurement planning, identifying suppliers (contractors, performers), conclusion and execution of contracts.

1.3. The contract service in its activities is guided by:

The Constitution of the Russian Federation;

Civil Code of the Russian Federation;

Budget Code of the Russian Federation;

Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”;

other regulatory legal acts;

by this standard Regulation.

1.4. The basic principles of the activities of the contract service when purchasing goods, work, services to meet state or municipal needs are:

professionalism - attracting qualified specialists with theoretical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions taken by the contract service aimed at meeting state and municipal needs, including methods of procurement and their results. Openness and transparency of information are ensured, in particular, by placing complete and reliable information in a unified information system in the field of procurement;

efficiency and effectiveness - concluding government contracts on conditions that ensure the most effective achievement of the specified results in meeting state and municipal needs.

1.5. The concepts, terms and abbreviations used in these Regulations are used in the meanings defined by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

1.6. The information specified in these Regulations is placed in the unified information system in the field of procurement.

II. The procedure for forming a contract service

2.1. The structure and number of contract service is determined and approved by the Customer.

The appointment and dismissal of a contract service employee is permitted only by decision of the Customer.

2.2. The contract service includes at least two people - employees (officials) of the contract service from among the Customer's employees. The contract service is headed by the head of the contract service, appointed and dismissed by the Customer.

2.3. Contract service employees must have higher education or additional professional education in the field of procurement[*].

2.4. Contract service employees cannot be individuals, who are personally interested in the results of the procedures for identifying suppliers (contractors, performers), as well as who are directly exercising control in the field of procurement by officials of bodies authorized to exercise such control.

2.5. If the specified persons are identified as part of the contract service, the Customer is obliged to immediately release the specified officials of the contract service from their positions and appoint to the vacant position a person who meets the requirements of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods” , works, services to meet state and municipal needs” and these Regulations.

III. Functions and powers of the contract service

3.1. The Contract Service performs the following functions and powers:

3.1.1. Develops a procurement plan;

3.1.2. Prepares changes for inclusion in the procurement plan;

3.1.3. Places the procurement plan and changes made to it in the unified information system;

3.1.4. Develops a schedule;

3.1.5. Prepares changes to be included in the schedule,

3.1.6. Places the schedule and changes made to it in a unified information system;

3.1.7. Determination and justification of the initial (maximum) contract price;

3.1.8. Prepares and places procurement notices in the unified information system;

3.1.9. Prepares and places procurement documentation and draft contracts in the unified information system;

3.1.10. Prepares and sends invitations to participate in the determination of suppliers (contractors, performers) through closed means;

3.1.11. Ensures procurement, including the conclusion of contracts;

3.1.12. Participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers);

3.1.13. Prepares materials for performing claim work;

3.1.14. Organizes, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participates 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;

3.1.15. Exercises other powers provided for by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

3.2. In order to implement the functions and powers specified in paragraph 3.1 of these Regulations, officials of the contract service are obliged to:

3.2.1. Know and be guided in their activities by the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations;

3.2.2. Prevent the disclosure of information that became known to them during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by the legislation of the Russian Federation;

3.2.3. Maintain the level of proficiency necessary to properly perform your duties job responsibilities;

3.2.4. Do not negotiate with procurement participants until the winner of the supplier (contractor, performer) of procurement procedures is identified, except in cases expressly provided for by the legislation of the Russian Federation;

3.2.5. Comply with other obligations and requirements established by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

3.2.6. If necessary, involve experts and expert organizations in your work in accordance with the requirements stipulated by the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and other regulations legal acts;

3.3. With the centralization of procurement provided for by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the contract service carries out the functions and powers provided for in paragraphs 3.1-3.2 of these Regulations and not transferred to the relevant authorized body, authorized institution, which exercises the authority to identify suppliers (contractors, performers).

3.4. Head of contract service:

3.4.1. Distributes responsibilities among contract service employees;

3.4.2. Submits proposals for the appointment and dismissal of contract service employees for consideration by the Customer;

3.4.3. Resolves, in accordance with these Regulations, issues within the competence of the contract service;

3.4.4. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;

3.4.5. Exercises other powers provided for by the Customer’s internal documents.

IV. Responsibility of contract workers

4.1. Actions (inaction) of contract service employees, including the head of the contract service, may be appealed to judicial procedure or in the manner established by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, to the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

4.2. Contract service employees guilty of violating the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement, as well as the provisions of these Regulations, are subject to disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation.

4.3. A contract service employee who has committed a violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs may be removed from his position by decision of the Customer.

[*] Until January 1, 2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.

Draft Model Regulations (Regulations) on contract service

The Ministry of Economic Development of Russia has determined the procedure for the creation and functioning of a contract service when purchasing goods, works, and services to meet state or municipal needs

According to the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", a contract service is created in order to ensure the implementation by the state or municipal customer or budgetary institution procurement of goods, works, services to meet state or municipal needs, the total annual volume of which, in accordance with the procurement plan, exceeds one hundred million rubles.

The draft Model Regulations establish, in particular, the following:

• the structure and number of contract service is determined and approved by the customer. At the same time, the contract service includes at least two people - officials of the contract service from among the customer's employees. The appointment and dismissal of a contract service employee is permitted only by decision of the customer’s manager or the person performing his duties;
• officials of the contract service must have a higher education or additional professional education in the field of procurement (until January 1, 2016, an official of the contract service may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs);
• officials of the contract service cannot be individuals who are personally interested in the results of identifying suppliers (contractors, performers), as well as persons of control bodies in the field of procurement who directly exercise control in the field of procurement;
• contract service officials are required to:
• not to allow the disclosure of information that became known to them during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by the legislation of the Russian Federation;
• not to conduct negotiations with procurement participants until the winner of the determination of supplier (contractor, performer) of procurement procedures is identified, except in cases expressly provided for by the legislation of the Russian Federation.

Regulations

11/22/2015 Decree of the Government of the Russian Federation dated 11/11/2015 N 1217

List of goods, works and services, the purchase of which is carried out in electronic form, presented in a new edition

11/22/2015 Decree of the Government of the Russian Federation dated 11/16/2015 N 1236

The Government of the Russian Federation has established a ban on government procurement of foreign software, effective from January 1, 2016

APPROVED
by order ___________
from __.__.20__ No. ____

Regulations for the contract service
___________________________________________

1. General Provisions

1.1. These Regulations for the work of the contract service _______________ (hereinafter referred to as the Regulations) determine the procedure for the actions of the contract service to exercise its powers, as well as the procedure for the interaction of the contract service with departments - administrators of budget expenditures, procurement commissions in order to ensure the planning and implementation of _______________ purchases of goods and works , services to meet state needs in accordance with Federal Law dated 05/04/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law dated 05/04/2013 No. 44- Federal Law).

2. Procurement planning

2.1. Procurement planning is carried out on the basis of Plans for the corresponding period, containing a list of activities provided for by state programs of the Russian Federation (including federal target programs, other documents of strategic and program-target planning of the Russian Federation), approved by the Head of the organization, relevant scientific and technical (expert) proposals ) councils for industries, as well as the needs for goods, works and services necessary to perform the functions of _______________ through the formation, approval and maintenance of:
– procurement plans;
– plans and schedules.
2.2. When planning procurement, the following must be ensured:
– timely satisfaction of _______________’s needs for goods, works, services;
– achieving the specified results of meeting state needs.

3. Formation of the Procurement Plan

3.1. The procurement plan is formed in the process of drawing up and reviewing draft budgets budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation for a period corresponding to the validity period of the law on the budget for the next fiscal year and planning period, and is approved by the Head of the organization.
3.2. The head of the contract service ensures approval of the Procurement Plan within 10 working days after the volume of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budgetary legislation of the Russian Federation is brought to _______________.
3.3. The contract service _______________ carries out the formation, approval and maintenance of the Procurement Plan in the manner established by the Government of the Russian Federation, including ensuring the preparation by divisions-administrators of budget expenditures (hereinafter referred to as Expenditure Administrators) of justification for procurement when forming the Procurement Plan.

4. Formation of a procurement schedule

4.1. The procurement schedule is formed annually for one year and approved by the Head of the organization.
4.2. The Contract Service, before __ _________ of the current year, provides the Cost Administrators with the form of the List of Purchases for the planning period and instructions for its preparation.
4.3. The List of Procurements for the planning period by the Cost Administrator includes information on the purchases of the Cost Administrator provided for by the Procurement Plan for the planning period, formed in accordance with Section 2 of these Regulations. Until __ _________ 20__, the Procurement Schedule includes information on the Administrator’s purchases of expenses provided for by the Research and Development Plan, the Plan for Applied Works, approved by the Head of the organization. scientific research and development (research and development work) for the corresponding financial year in _______________.
4.4. For each purchase provided for in the List of Purchases for the planning period, the Cost Administrator, among other things, provides the following information:
– name and description of the procurement object, indicating the minimum necessary requirements for the procurement object, which may include functional, technical, quality and operational characteristics related to determining the conformity of the supplied goods, work performed, services provided to the customer’s needs and allowing to identify the subject of the contract. The description of the procurement object must be formed on the basis of the provisions of the relevant proposals of scientific and technical (expert) councils for industries and be drawn up taking into account the requirements of Article 33 of Federal Law No. 44-FZ dated May 4, 2013;
– copies of sources of information necessary and sufficient for the Contract Service _______________ to prepare a justification for the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) in the manner prescribed by Article 22 of the Federal Law of 04.05.2013 No. 44-FZ;
– quantity, planned timing, frequency of supply of goods (performance of work, provision of services);
– the amount of the advance (if advance payment is provided), stages of payment (if the execution of the contract and its payment are provided in stages);
– additional requirements for procurement participants (if any) and justification for such requirements provided for in Part 2 of Article 31 of Federal Law No. 44-FZ dated 04.05.2013;
– expected procurement start date;
– information on the amount of security provided for the corresponding application of the procurement participant and security for the execution of the contract;
– information on the application of the cost criterion life cycle goods or an object created as a result of performing work (if the specified criterion is applied) when determining the supplier (contractor, performer);
– information on prohibitions on the admission of goods (work, services), as well as restrictions and conditions for the admission of goods (work, services) for the purposes of procurement in accordance with Article 14 of the Federal Law of 04.05.2013 No. 44-FZ;
– benefits provided to procurement participants in accordance with Articles 28 and 29 of Federal Law No. 44-FZ dated May 4, 2013 (if such benefits are available).
4.5. Information provided for in clause 4.4. of these Regulations must comply with the provisions of the Organizational and Management Plan for the planning period, approved by the Deputy Head of the organization supervising the Cost Administrator.
4.6. List of purchases for the planning period, except for the cases provided for in clause 4.7. of these Regulations, is formed by the Cost Administrator, in accordance with the established procedure, agreed upon by the supervising Deputy Head of the organization after agreement with the relevant departments _______________:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
4.7. The list of purchases for the planning period carried out by the Administrative Unit and the Unit for the Implementation of Conventional Obligations is compiled by the Expenditure Administrator and, in the prescribed manner, approved by the supervising Deputy Head of the organization after agreement with the Budget Policy and Finance Unit regarding the limits of budget obligations and compliance of budget classification codes with the approved budget schedule, and also with the Contract Service in terms of compliance with the Procurement Plan, Organizational and Management Plan, as well as the availability of information necessary for the formation of the Procurement Schedule.
4.8. List of purchases for the planning period, agreed upon in the manner established by clause 4.6. of these Regulations, is submitted by the Expense Administrator for approval to the Head of the organization no later than __________ from the date of approval of the law on the federal budget for the corresponding year and planning period.
4.9. No later than _________________ from the date of approval by the Head of the organization of the List of purchases for the planning period, the Cost Administrator, within the period before _____________________________, submits the specified document to the Contract Service _____________ and a copy to the budget division.
4.10. Contract service based on the Lists of purchases for the planning period provided in accordance with clause 4.8. of these Regulations, creates a procurement schedule, including in relation to each purchase provided for in the relevant List of Procurements for the planning period:
– determines the method for determining the supplier (contractor) of the performer;
– forms the justification for the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer);
– indicates information about banking or treasury support of the contract;
– indicates information about the mandatory public discussion of the procurement of goods, work or services (protocol number and date);
– indicates information about restrictions associated with the participation in procurement only of small businesses that are socially oriented non-profit organizations in accordance with the provisions of Article 30 of Federal Law dated 04.05.2013 No. 44-FZ.
4.11. The procurement schedule, formed in accordance with clause 3.8 of these Regulations, is approved by the Head of the organization after approval by the Head of the Contract Service _____________ within 10 working days after receiving _____________ the volume of rights in monetary terms to accept and (or) fulfill obligations.
4.12. The procurement schedule is posted in the unified information within 3 working days after its approval.
4.13. If it is necessary to make changes to the Procurement Schedule, the Cost Administrator forms changes to the List of Procurements for the planning period and agrees on the changes in the manner established by paragraph 4.6 of these Regulations, and, after approval of the changes by the Head of the organization, submits the specified document to the Contract Service _____________, and a copy in the budget policy and finance department.
4.14. Contract service based on changes to the List of purchases for the planning period provided in accordance with clause 4.10. of these Regulations, forms changes to the Procurement Schedule and, after approval by the Head of the Contract Service _____________, within 3 working days places such changes in the unified information system.

5. Formation of a schedule for procurement procedures

5.1. Within _____________ days from the date of approval of the Procurement Schedule, Cost Administrators create Divisional Procurement Schedules, which, after approval by the Deputy Head of the organization supervising the Cost Administrator, are transferred to the Contract Service _____________.
5.2. The Contract Service _____________ draws up a Schedule of procurement procedures based on the procurement schedules of departments, taking into account the time, human and material and technical resources necessary for procurement and submits the compiled document for approval to the Head of the Contract Service _____________.
5.3. The organization of work in _____________ for procurement at the expense of the federal budget is carried out in strict accordance with the Schedule for determining the supplier (contractor, performer).

6. Identification of suppliers (contractors, performers)

6.1. The basis for starting the procedure for identifying a supplier (contractor, performer) at the expense of the federal budget (hereinafter referred to as identifying a supplier) is the approved _____________ procurement order.
6.2. The draft order is prepared by the responsible employee of the contract service in accordance with the division of duties based on the Schedule no less than _____________ before the planned date of placement of the procurement notice in the unified information system using the organization’s information system, except in cases of procurement through closed methods of determining the supplier ( contractor, performer).
The specified order reflects the method of determining the supplier, determined by the contract service in accordance with the Schedule, the official authorized to approve the procurement notice, procurement documentation, to sign the contract on behalf of _____________ based on the results of determining the supplier (contractor, performer), the composition is approved and the procedure for the work of the procurement commission, the deadline for the Cost Administrator to submit to the contract service the technical (functional) requirements for the procurement object approved in the prescribed manner.
6.3. The draft order, with the exception of the case specified in paragraph 10 of these Regulations, is agreed upon by the following departments:

– _____________________________________;
– _____________________________________;
– _____________________________________;
– _____________________________________;
6.4. A draft order for procurement in the areas of expenditure of the Administrative Unit and the Unit for the Implementation of Convention Obligations, formed in the manner established in clause 6.3. of these Regulations, is agreed with the budget policy and finance department in terms of limits on budget obligations and compliance of budget classification codes with the approved budget schedule, as well as with the Contract Service _____________ in terms of compliance with the procurement schedule and the Organizational and Management Plan.
6.5. Draft orders containing information constituting state secrets are prepared in the manner established by the legislation of the Russian Federation on the protection of state secrets, if there is agreement on the decision to carry out procurement through closed methods of determining the supplier (contractor, performer).
6.6. After the order is issued, the contract service:
– on the basis of the technical (functional) requirements for the procurement object submitted by the Administrator to the contract service, approved in the prescribed manner, as well as approximate forms, posted in the organization’s information system, prepares a notice of procurement, procurement documentation and a draft contract, prepares invitations to participate in identifying suppliers (contractors, performers) in closed ways;
– approves the specified documents in the manner specified in paragraphs 6.4, 6.5 of these Regulations;
– approves the procurement notice and procurement documentation.
6.7. The contract service is responsible for the compliance of draft government contracts included in the procurement documentation with the requirements of the legislation of the Russian Federation regulating the issues of securing rights to the results of intellectual activity.
6.8. After approval of the procurement documentation, the contract service places in the unified information system a notice of procurement, procurement documentation and draft contracts, sends invitations to participate in the identification of suppliers (contractors, performers) by closed means, provides in the manner and within the time frames provided for by the current legislation of the Russian Federation , procurement, including concluding contracts.
6.9. Before the expiration of the deadlines established by Federal Law No. 44-FZ dated May 4, 2013, changes may be made to the procurement notice and procurement documentation. Changes may be made at the initiative of the Cost Administrator, contract service. Changes are approved by order _____________, formed and agreed upon in the manner established by paragraphs 8, 9, 10 of these Regulations.
If a decision is made to make changes to the procurement notice, procurement documentation, the deadline for submitting applications must be extended in accordance with Federal Law No. 44-FZ dated May 4, 2013.
The placement of changes in the procurement notice and procurement documentation is carried out by the contract service.
6.10. In case of receiving requests for clarification of the provisions of the procurement documentation, the contract service registers the request in the log of requests for clarification of the procurement documentation and sends a response to the procurement participant in writing or in the form of an electronic document within the period established by Federal Law dated 05/04/2013 No. 44-FZ, if such a request was received on _____________ before the expiration of the period established by Federal Law dated 05/04/2013 No. 44-FZ.
Within one working day from the date of sending clarifications of the provisions of the procurement documentation, the contract service will post the clarification on the official website indicating the subject of the request, but without indicating the procurement participant from whom the request was received.
6.11. Before the expiration of the deadlines established by Federal Law No. 44-FZ dated May 4, 2013, _____________, a decision may be made to cancel the determination of the supplier (performer, contractor). Such a decision may be made on the initiative of the Cost Administrator, contract service. The contract service posts on the official website a notice of refusal to identify a supplier (performer, contractor).
6.12. If an application is received from a procurement participant to provide procurement documentation, such an application is registered by the contract service. The contract service provides procurement documentation to the interested party within the time limits established by Federal Law No. 44-FZ dated May 4, 2013, and enters information about the person to whom the documentation was issued in the journal for issuing tender documentation.
6.13. Each envelope with an application received within the period specified in the procurement notice or procurement documentation is subject to registration by the contract service in the application registration register. At the request of the procurement participant, the contract service issues a receipt for the envelope containing such an application, indicating the date and time of its receipt.
The contract service ensures the safety of envelopes with applications for participation in procurement and ensures that the contents of applications for participation in procurement are considered only after the envelopes with applications for participation in procurement are opened.
6.14. Acceptance of applications ceases within the period specified in the procurement notice and procurement documentation.
Envelopes with applications received after the end of acceptance of applications are registered by the contract service in the application registration journal and opened (if the envelope does not indicate the postal address (for a legal entity) or information about the place of residence (for an individual) of the order participant).
On the day of receipt of such an envelope with the application, the contract service draws up an act of return of the application, signed by the head of the contract service. The contract service returns a late application on the day it is received.
6.15. All applications received before the deadline for submitting applications are submitted by the contract service to a meeting of the procurement commission.
6.16. The contract service provides organizational and technical support for the activities of procurement commissions, including, at the written request of the Chairman of the procurement commission, ensures verification of:
– compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, providing services that are the object of procurement;
– failure to liquidate the procurement participant - a legal entity and the absence of a decision of the arbitration court on recognition of the procurement participant - a legal entity or individual entrepreneur insolvent (bankrupt) and the opening of bankruptcy proceedings;
– non-suspension of the activities of a procurement participant in the manner established by the Code of the Russian Federation on Administrative Offences, on the date of filing an application for participation in the procurement;
– the procurement participant has no arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation;
– the absence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant - a legal entity, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant;
– the absence of a procurement participant - an individual or a manager, members of a collegial executive body, a person performing the functions of a sole executive body, or the chief accountant of a legal entity - a procurement participant - having a criminal record for crimes in the sphere of economics and (or) crimes provided for in Articles 289, 290 , 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons who have such a criminal record expunged or withdrawn), as well as the non-application of punishment in relation to these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities that are related to the supply of goods, performance work, provision of services that are the object of the procurement, and administrative punishment in the form of disqualification;
– procurement participant - entity who, within two years before submitting an application for participation in the procurement, was not brought to administrative responsibility for committing an administrative offense under Article 19.28 of the Code of the Russian Federation on Administrative Offences;
– the procurement participant has exclusive rights to the results of intellectual activity;
– absence of a conflict of interest between the procurement participant and the customer;
– the procurement participant is not an offshore company;
– the procurement participant has no restrictions on participation in procurement established by the legislation of the Russian Federation;
– compliance with additional requirements established in accordance with Part 2 of Article 31 of the Federal Law.
The contract service is obliged to immediately inform the procurement commission about the results of the audit.
6.17. The contract service provides the opportunity for all procurement participants who have submitted applications for participation in the procurement, or their representatives, to be present at the opening of envelopes with applications for participation in the procurement, and ensures audio recording of the opening of envelopes with applications for participation in procurement.
6.18. At meetings of the procurement commission, a contract service employee must be present who prepares minutes of meetings of the procurement commissions on the basis of decisions made by members of the procurement commission.
6.19. After signing the relevant protocol, the procurement commission is obliged to immediately transfer it to the contract service for posting on the official website.
The contract service ensures the storage, within the time limits established by law, of protocols drawn up during procurement, applications for participation in procurement, procurement documentation, changes made to procurement documentation, explanations of the provisions of procurement documentation and audio recordings of the opening of envelopes with applications for participation in procurement
6.20. Based on the decision of the procurement commission, the contract service ensures the conclusion of the contract by notifying the Cost Administrator about the results of the procurement and providing information about the participant with whom the contract is concluded.
If necessary, the contract service ensures the sending of the necessary documents for concluding a contract with a single supplier (contractor, performer) based on the results of failed procedures for identifying a supplier in the cases established by Federal Law to the relevant authorities specified in clauses 24 and 25 of part 1 of Article 93 of the Federal Law of 04.05. 2013 No. 44-FZ.
6.21. In the event that a procurement participant with whom a contract is concluded is recognized as having evaded concluding a contract, the contract service organizes the inclusion of information about procurement participants in the register of unscrupulous suppliers (contractors, performers) by sending the necessary information and documents to the procurement control body.
6.22. The contract service exercises other powers that may be determined by the Head of the organization.

1. Contract service according to 44-FZ is

Contract service- this is more a function than a division that makes purchases for the needs of the state and municipalities. Such a service operates under the Regulations on Contract Service, which is based on the Model Regulations on Contract Service and was adopted by the Ministry of Economic Development in order number 631 dated 10.29.13.

The customer can create such a service if the annual procurement volume in accordance with the schedule is more than 100 million rubles, which is regulated by Part 1 of Article 38 of Article 44 of the Federal Law. If the Customer does not create a contract service and the annual procurement volume is more than 100 million rubles, then he must appoint a contract manager - this is regulated by Part 2 of Article 38 of Article 44 of the Federal Law.

The Customer is not obliged to create a special unit, since the contract service has the right to exist without one, which is regulated by Part 1 of Article 38 of the Law, number 44. But in this case, the Customer undertakes to approve the staff on a permanent basis, which will perform the functions of this service, in its own right. In turn, this is regulated by subparagraph 2 in paragraph 6 of the Model Regulations.

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2. Regulations on contract service under 44-FZ

The contract service operates and is regulated by a basic regulation, which was drawn up on the model of the approved Model Regulation.
In this provision, the company must specify the functions and rights of this service. And also indicate the order in which the service will be formed and how it will work, that is, the following are written down:

• Rules for selecting suppliers and contractors;
• Methods in accordance with which the purchase will be planned and justified;
• Procedure for signing a contract;
• Other points related to procurement activities.

3. The procedure for creating a contract service under 44 Federal Laws

When creating a contract service, the Customer must independently determine and approve the number and structure. There is one rule here: this service cannot consist of less than 2 people.

Ways to create a contract service

To create a contract service, you need to choose one of two methods:

1. Create a separate structural unit (either on the basis of an existing one, or create a new such unit)

2. Approve permanent staff workers who will perform the functions of a contract service, and there is no need to create a separate unit.

When creating a contract service, you need to prepare these documents:

In cases where the annual volume of purchases does not exceed 100 million rubles and the Customer does not have a contract service, then he MUST appoint a contract manager.

Contract Manager- this is a person who holds the corresponding position and is responsible for the implementation of one or more purchases, as well as the execution of contracts - this is regulated by Part 2 of Article 38.

Stages of creating a contract service

In order to create a contract service, you need to complete the following preparatory steps:

Stage 1. Study of legal acts on the FCC;

Stage 2. Direct creation of a contract service or appointment of a contract manager;
Stage 3. Send designated employees for training;
Stage 4. To develop and approve a new regulation on commissions.

Contract service models

So, let's summarize the above information. Within the framework of Federal Law 44, only 3 models of contract service are offered:

1. Service with a special structural unit;

2. Service without a special structural unit;
3. Appointment of a manager.

4. Powers and responsibilities of the contract service under 44-FZ

Based on Part 4 of Article 38, the list of powers of the contract service consists of:

In addition to the above powers, Article 38 also prescribes the duties of employees, such as:

The law provides for the possibility of centralizing procurement by creating a special body that will determine Suppliers and Customers - which is regulated by Part 1 of Article 44-FZ, Article 26. But all other actions that are carried out during the procurement process must be performed by the Customer and his contract service. But the service is still responsible only within the framework of its powers - which is regulated by part 5 of Article 44-FZ, Article 38.

5. Composition of the customer’s contract service and manager.

We have already said earlier that the Customer independently approves the structure and number of contract service employees, not forgetting that there must be at least 2 of them.

No matter which form the Customer chooses, he undertakes to appoint a manager. If this contract service is created in the form of a separate structural unit, then it should be headed by the head of this unit. If the contract service is not created on the basis of any department, then it must be headed either by the head of the Customer or his deputy.

Please note that when individual employees are included in the service due to a change or expansion of their functions, resulting in changes to the employment contract, this can only happen upon obtaining consent from these employees, and changes should also be made to their job descriptions .

The rules for contract service are established by the Ministry of Economic Development and regulated in Part 3, Article 44, Part 38 of the Federal Law. This document contains additions to the main resolution in the following information:

• General position: purpose and condition of creation, the legislative framework, principle of operation, structure, number and responsibility;
• Powers when performing official duties and functions;
• Responsibility borne by employees.

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Project

APPROVED
by order of the Ministry of Economic Development of Russia
from "___" ___________ 20__ N ___

I. General provisions

1.1. The Contract Service is a structural division of the Customer, created to ensure the implementation of procurement, the total annual volume of which, in accordance with the schedule, exceeds one hundred million rubles.

1.2. This standard regulation (regulation) (hereinafter referred to as the Regulation) establishes the procedure for the formation and powers of the contract service when purchasing goods, works, services to meet state or municipal needs, including at the stage of procurement planning, identifying suppliers (contractors, performers), conclusion and execution of contracts.

1.3. The contract service in its activities is guided by:

Constitution of the Russian Federation;

Civil Code of the Russian Federation;

Budget Code of the Russian Federation;

;

other regulatory legal acts;

by this standard Regulation.

1.4. The basic principles of the activities of the contract service when purchasing goods, work, services to meet state or municipal needs are:

professionalism - attracting qualified specialists with theoretical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions taken by the contract service aimed at meeting state and municipal needs, including methods of procurement and their results. Openness and transparency of information are ensured, in particular, by placing complete and reliable information in a unified information system in the field of procurement;

efficiency and effectiveness - concluding government contracts on conditions that ensure the most effective achievement of specified results in meeting state and municipal needs.

1.5. The concepts, terms and abbreviations used in these Regulations are used in the meanings defined by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

1.6. The information specified in these Regulations is placed in the unified information system in the field of procurement.

II. The procedure for forming a contract service

2.1. The structure and number of contract service is determined and approved by the Customer.

The appointment and dismissal of a contract service employee is permitted only by decision of the Customer.

2.2. The contract service includes at least two people - employees (officials) of the contract service from among the Customer's employees. The contract service is headed by the head of the contract service, appointed and dismissed by the Customer.

2.3. Contract service employees must have higher education or additional professional education in the field of procurement*.

________________

* Until January 1, 2016, a contract service employee may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.

2.4. Contract service employees cannot be individuals who are personally interested in the results of the procedures for identifying suppliers (contractors, performers), as well as who are directly exercising control in the field of procurement by officials of bodies authorized to exercise such control.

2.5. If the specified persons are identified as part of the contract service, the Customer is obliged to immediately release the specified contract service officials from their positions and appoint to the vacant position a person who meets the requirements of Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and these Regulations.

III. Functions and powers of the contract service

3.1. The Contract Service performs the following functions and powers:

3.1.1. Develops a procurement plan;

3.1.2. Prepares changes for inclusion in the procurement plan;

3.1.3. Places the procurement plan and changes made to it in the unified information system;

3.1.4. Develops a schedule;

3.1.5. Prepares changes for inclusion in the schedule;

3.1.6. Places the schedule and changes made to it in a unified information system;

3.1.7. Determination and justification of the initial (maximum) contract price;

3.1.8. Prepares and places procurement notices in the unified information system;

3.1.9. Prepares and places procurement documentation and draft contracts in the unified information system;

3.1.10. Prepares and sends invitations to participate in the determination of suppliers (contractors, performers) through closed means;

3.1.11. Ensures procurement, including the conclusion of contracts;

3.1.12. Participates in the consideration of cases of appealing the results of identifying suppliers (contractors, performers);

3.1.13. Prepares materials for performing claim work;

3.1.14. Organizes, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participates 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;

3.1.15. Exercises other powers provided for by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

3.2. In order to implement the functions and powers specified in paragraph 3.1 of these Regulations, officials of the contract service are obliged to:

3.2.1. Know and be guided in their activities by the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations;

3.2.2. Prevent the disclosure of information that became known to them during the procedures for identifying a supplier (contractor, performer), except in cases expressly provided for by the legislation of the Russian Federation;

3.2.3. Maintain the level of qualifications necessary for the proper performance of their duties;

3.2.4. Do not negotiate with procurement participants until the winner of the supplier (contractor, performer) of procurement procedures is identified, except in cases expressly provided for by the legislation of the Russian Federation;

3.2.5. Comply with other obligations and requirements established by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

3.2.6. If necessary, involve experts and expert organizations in your work in accordance with the requirements stipulated by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and other regulatory legal acts;

3.3. With the centralization of procurement provided for by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the contract service carries out the functions and powers provided for in paragraphs 3.1-3.2 of these Regulations and not transferred to the relevant authorized body, authorized institution, which exercises the authority to identify suppliers (contractors, performers).

3.4. Head of contract service:

3.4.1. Distributes responsibilities among contract service employees;

3.4.2. Submits proposals for the appointment and dismissal of contract service employees for consideration by the Customer;

3.4.3. Resolves, in accordance with these Regulations, issues within the competence of the contract service;

3.4.4. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;

3.4.5. Exercises other powers provided for by the Customer’s internal documents.

IV. Responsibility of contract workers

4.1. Actions (inaction) of contract service employees, including the head of the contract service, can be appealed in court or in the manner established by Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for meeting state and municipal needs" to the control body in the field of procurement, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

4.2. Contract service employees guilty of violating the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement, as well as the provisions of these Regulations, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.

4.3. A contract service employee who has committed a violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs may be removed from his position by decision of the Customer.

Explanatory note to the draft order of the Ministry of Economic Development of Russia "On approval of the standard regulations (regulations) on contract service"

The draft order was developed in accordance with Part 3 of Article 38 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (Collected Legislation of the Russian Federation, 2013, N 14 , art. 1652).

This standard provision (regulation) establishes the procedure for the formation and powers of the contract service when purchasing goods, works, services to meet state or municipal needs, including at the stage of procurement planning, identifying suppliers (contractors, performers), concluding and executing contracts.

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regulatory legal acts
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http://regulation.gov.ru
as of 10/29/2013