Model provision on contractual service under 44 FZ. Regulations for the work of the contract service
Document text
APPROVED BY
by order of the Ministry of Economic Development
Of Russia
from "" ___________ 20__
№ ___
MODEL PROVISION (REGULATIONS)
contract service
I. General Provisions
1.1. The contract service is a structural unit of the Customer, created to ensure the implementation of purchases, 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 in the procurement of goods, works, services to meet state or municipal needs, including at the stage of procurement planning, determining suppliers (contractors, executors), conclusion and the execution of contracts.
1.3. The contract service in its activities is guided by:
The Constitution Russian Federation;
The Civil Code of the Russian Federation;
The Budget Code of the Russian Federation;
Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs";
other regulatory legal acts;
this model provision.
1.4. The main principles of the contract service in the procurement of 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 performed by the contract service aimed at meeting state and municipal needs, including the methods of procurement and their results. Openness and transparency of information is ensured, in particular, by placing complete and reliable information in a single information system in the field of procurement;
efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.
1.5. The concepts, terms and abbreviations used in this Regulation are applied in the meanings determined 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."
1.6. The information specified in this Regulation is placed in a unified information system in the field of procurement.
II. The procedure for the formation of a contract service
2.1. The structure and size of the contract service is determined and approved by the Customer.
The appointment and dismissal of an employee of the contract service is allowed 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 employees of the Customer. The contract service is headed by the head of the contract service, who is appointed and dismissed by the Customer.
2.3. Contract workers must have higher education or additional professional education in the field of procurement [*].
2.4. Employees of the contract service cannot be individuals who are personally interested in the results of the procedures for determining suppliers (contractors, performers), as well as who are directly exercising control in the field of procurement by officials of the bodies authorized to exercise such control.
2.5. If the specified persons are identified in the contract service, the Customer is obliged to immediately release the specified officials of the contract service from their position 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 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 carries out the following functions and powers:
3.1.1. Develops a procurement plan;
3.1.2. Prepares changes for the procurement plan;
3.1.3. Places in a unified information system the procurement plan and the changes made to it;
3.1.4. Develops a schedule;
3.1.5. Prepares changes for making to the schedule,
3.1.6. Places in a unified information system the schedule and the changes made to it;
3.1.7. Determination and justification of the initial (maximum) contract price;
3.1.8. Carries out preparation and placement in the unified information system of notices of procurement;
3.1.9. Carries out preparation and placement in a unified information system of procurement documentation and draft contracts;
3.1.10. Prepares and sends invitations to take part in determining suppliers (contractors, performers) closed ways;
3.1.11. Ensures the implementation of purchases, including the conclusion of contracts;
3.1.12. Participates in the consideration of cases on appealing the results of determining suppliers (contractors, executors);
3.1.13. Prepares materials for claim work;
3.1.14. 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, determine best technology and other solutions to meet state and municipal needs;
3.1.15. Exercises other powers stipulated by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs."
3.2. In order to implement the functions and powers specified in clause 3.1 of these Regulations, the 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 contractual system in the field of procurement of goods, works, services to meet state and municipal needs and this Regulation;
3.2.2. Prevent disclosure of information that has become known to them in the course of the procedures for determining the supplier (contractor, performer), except for cases directly 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. Not to negotiate with the procurement participants until the winner of the determination of the supplier (contractor, performer) of procurement procedures has been identified, except for cases directly provided for by the legislation of the Russian Federation;
3.2.5. Comply with other obligations and requirements established by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs."
3.2.6. If necessary, involve experts, expert organizations in their work in accordance with the requirements provided for by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" and other regulatory legal acts;
3.3. With the centralization of purchases provided for by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs", the contract service exercises 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 exercise the authority to identify suppliers (contractors, executors).
3.4. Contract manager:
3.4.1. Distributes responsibilities between employees of the contract service;
3.4.2. Submits for consideration by the Customer proposals for the appointment and dismissal of contract service workers;
3.4.3. Resolves, in accordance with this Regulation, 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 stipulated by the internal documents of the Customer.
IV. Responsibility of employees of the contract service
4.1. Actions (inaction) of employees of the contract service, including the head of the contract service, can be appealed in court or in the manner established by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to ensure 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. Employees of the contract service who are guilty of violating the legislation of the Russian Federation, other regulatory legal acts on the contractual system in the field of procurement, as well as the provisions of this Regulation, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
4.3. An employee of the contract service 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 post by the decision of the Customer.
[*] Until January 1, 2016, an employee of the contract service can be a person with vocational education or additional vocational education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.
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All institutions making purchases for more than 100 million rubles a year must form contract services. It is not necessary to create special structural units.
The work of the contract service is governed by the provision on the contract service, which should be drawn up on the basis of the adopted model provision.
In the regulation on the contract service of the organization, the functions and rights of the contract service are prescribed. The procedure for the formation and operation of the contract service in the field of procurement is indicated, the rules for selecting contractors are indicated, methods for planning and justifying procurement, the procedure for concluding contracts and other aspects of procurement are prescribed.
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POSITION
on the contract service in the field of procurement of goods, works, services to meet the needs
1. General Provisions
1.1. This Regulation on the contract service in the field of procurement of goods, works, services to meet the needs of ______________________ (hereinafter - the Regulation) establishes the procedure for the creation and functioning of the contract service in the procurement of goods, works, services to meet state or municipal needs, including at the planning stage procurement, determination of suppliers (contractors, performers), conclusion and execution of contracts.
1.2. The contract service is created in order to ensure the implementation of ______________________ (hereinafter referred to as the Customer) purchases of goods, works, services to meet the needs of the Customer (hereinafter referred to as the purchase).
1.3. The contract service is guided in its activities
The Constitution of the Russian Federation, civil legislation, budgetary legislation of the Russian Federation, Federal law
dated April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs"
(hereinafter referred to as the Law), other regulatory legal acts, including this Regulation.
1.4. The main principles for the creation and functioning of the activities of the contract service in the implementation of the procurement are:
professionalism - attracting qualified specialists with theoretical and practical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;
openness and transparency - free access to information about the actions performed by the contract service aimed at meeting state and municipal needs, including the methods of procurement and their results;
efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.
1.5. The structure and size of the 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.
Appointment and dismissal of an employee of the contract service is allowed only by decision of the head of the Customer or the person performing his duties.
The contract service is headed by the head of the contract service.
1.6. Officials of the contract service must have a higher education or additional vocational education in the field of procurement or vocational education or additional vocational education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.
1.7. Officials of the contract service cannot be individuals who are personally interested in the results of determining suppliers (contractors, performers), as well as persons of control bodies in the field of procurement, directly exercising control in the field of procurement in accordance with the Law. If an official of the contract service arises circumstances that may lead to a personal interest in the results of determining suppliers (contractors, performers), such a person is obliged to inform the head of the Customer in writing in order to exclude him from the contract service.
1.8. In case of identification in the composition of the contract service of the persons indicated
in clause 1.7 of this Regulation, the Customer is obliged to immediately release these officials from the performance of their duties and assign them to another official who meets the requirements of the Law and this Regulation.
II. Functions and powers of the contract service
2.1. The contract service carries out the following functions and powers.
2.1.1. When planning purchases:
develops a procurement plan;
organizes, if necessary, 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;
prepares changes for making to the procurement plan;
organizes the approval of the procurement plan;
places in the unified information system in the field of procurement (hereinafter referred to as the unified information system) the procurement plan and the changes made to it;
develops a schedule;
prepares changes for making to the schedule;
organizes the approval of the schedule;
places in a unified information system the schedule and the changes made to it;
organizes a mandatory public discussion of the purchase of goods, work or services in cases provided for by the Law;
based on the results of a mandatory public discussion of the procurement of goods, work or services, if necessary, makes changes to procurement plans, schedules, procurement documentation or organizes the cancellation of the procurement;
determines and justifies the initial (maximum) contract price;
2.1.2. When determining suppliers (performers, contractors):
prepares and places in a unified information system notifications about procurement;
prepares and places procurement documents and draft contracts in a unified information system, makes changes to procurement documents;
prepares and sends invitations to participate in the determination of suppliers (contractors, performers) in closed ways;
2.1.3. Upon execution, modification, termination of the contract:
ensures the implementation of purchases, including the conclusion of contracts;
participates in the consideration of cases on appealing the results of determining suppliers (contractors, executors);
prepares materials for the implementation of claim work.
2.2. The contract service exercises other powers provided for by the Law.
2.3. In order to implement the functions and powers specified in clause 2.1 of these Regulations, the officials of the contract service are obliged to:
1) prevent the disclosure of information that has become known to them in the course of the procedures for determining the supplier (contractor, performer), except for cases directly provided for by the legislation of the Russian Federation;
2) maintain the level of qualifications necessary for the proper performance of their official duties;
3) not to negotiate with the procurement participants until the winner of the determination of the supplier (contractor, performer) of procurement procedures is identified, except for cases directly provided for by the legislation of the Russian Federation;
4) if necessary, involve experts, expert organizations in their work in accordance with the requirements provided for by the Law and other regulatory legal acts;
5) comply with other obligations and requirements established by the Law.
2.4. With the centralization of procurement, provided for by the provisions of the Law, the contract service exercises the functions and powers provided for in paragraphs 2.1-2.2 of these Regulations and are not transferred to the relevant authorized body, authorized institution, which exercise the authority to determine suppliers (contractors, performers).
2.5. Contract manager:
2.5.1. Distributes responsibilities between employees of the contract service;
2.5.2. Submits for consideration by the Customer proposals for the appointment and dismissal of contract service workers;
2.5.3. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;
2.5.4. Exercises other powers stipulated by the Law.
III... Responsibility of employees of the contract service
3.1. Any procurement participant, as well as public associations exercising public control, associations of legal entities in accordance with the legislation of the Russian Federation have the right to appeal in court or in accordance with the procedure established by the Law, to the control body in the field of procurement actions (inaction) of officials of the contract service, contract manager, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.
3.2. Officials of the contract service guilty of violating the Law, other regulatory legal acts provided for by the Law, as well as the norms of this Regulation, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
File: Regulations on contract service
1. The contract service under 44-FZ is
Contract service- this is more function than a unit that carries out purchases for the needs of the state and municipalities. Such a service operates according to 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 of October 29, 2013.
The customer can create such a service if the annual purchase volume in accordance with the schedule is more than 100 million rubles, then it is regulated by Part 1 of Article 38 of Federal Law 44. If the Customer does not create a contract service and the annual volume of purchases is more than 100 million rubles, then he must appoint a contract manager - this is regulated by Part 2 of Article 38 of Federal Law 44.
The customer is not obliged to create a special unit, since the contract service has the right to exist without it, which is regulated by part 1 in article 38 of the Law under 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 this is regulated by sub-clause 2 in clause 6 of the Model Regulations.
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2. Regulations on contract service under 44-FZ
The contract service operates and is governed by a basic regulation, which has been drawn up on the model of the approved Model Regulation.In this provision, the company must prescribe 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, they write:
- Rules for the selection of suppliers and contractors;
- Methods in accordance with which the purchase will be planned and justified;
- The procedure for signing a contract;
- Other points from the number of procurement activities.
3. The procedure for creating a contract service according to Federal Law 44
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 ways:
1.
Create a separate structural unit (either on the basis of an existing one, or create a new such unit)
When creating a contract service, you need to prepare these documents:
In cases where the annual volume of purchases has not exceeded 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 relevant position and is responsible for the implementation of one or more purchases, as well as the implementation 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 3. Send assigned employees for training;
Stage 4. 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 proposed:
1.
Service with a special structural unit;
3. Appointment of the manager.
4. Powers and responsibilities of the contract service under 44-FZ
Based on part 4 in 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 such an opportunity as to centralize procurement by creating a special body that will determine Suppliers and Customers - which is regulated by Part 1 of Article 26 of Article 44-FZ. But all other actions that are carried out in 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 the 5th part in 38 article 44-FZ.
5. The composition of the contractual service of the customer and the leader.
We have already said earlier that the Customer independently approves the structure and number of employees of the contract service, not forgetting that there should be at least 2 of them.
It does not matter which of the forms 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 subdivision, then either the head of the Customer or his deputy should head it.
Please note that when individual employees are included in the service in connection with a change or expansion of their functions, as a result of which changes and employment contract, then this can only happen with the consent of these workers, while changes should be made to their job descriptions.
The rules for the contract service are established by the Ministry of Economic Development and are regulated in part 3, 38, article 44 of the Federal Law. This document contains additions to the main regulation in the following information:
- General position: purpose and condition of creation, the legislative framework, principle of operation, structure, number and duty;
- Powers in the performance of official duties and functions;
- The responsibility of the employees.
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In the event that the customer does not have a contract service and if the total volume of purchases per year does not exceed 100 million rubles, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract - the contract manager.
The contract manager exercises the functions and powers named in accordance with parts 4 and 5 of article 38 of Law 44-FZ:
The contract manager must have a higher education or additional professional education in the field of procurement (before 01.01.2017, a contract manager may be a person who has a professional education or additional vocational education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.)
To appoint a contract manager, it is required to draw up an order for the appointment of a contract manager. A sample contract manager order can be downloaded below.
A sample contract manager order can be downloaded below.
If you need the help of specialists, the lawyers of the Valuable Council Group of Companies will provide a full range of services in the field of competitive procurement.
For customers: The services for customers can be found in this section.
For suppliers: Services for suppliers can be found in this section.
Training: With services training center can be found in this section.
Creation of a contract service under 44-FZ
One of the requirements of Federal Law No. 44-FZ is the creation of a contract service, or the appointment of a contract manager. What does the contract service do and why does the customer need a commission, let's try to figure it out in our article.
Creation of a contract service
The contract service is, rather, an assigned functionality than the name of a department that carries out purchases for state and municipal needs. The contract service operates on the basis of the formalized Regulations on contract service (regulations), which is developed on the basis of the Model Regulations on contract service, approved by order of the Ministry of Economic Development No. 631 of October 29, 2013.
The contract service of the customer is created if the total annual volume of purchases, in accordance with the schedule, exceeds 100 million rubles (part 1 of Art. 38 44-FZ). If the customer does not have a contract service and the total annual volume of purchases of the customer does not exceed 100 million rubles, a contract manager is appointed (part 2 of article 38 44-FZ).
It is not necessary to create a special structural unit: the contract service can work without the formation of such (part 1 of article 38 of Law N 44-FZ). In the latter case, the customer must approve the permanent composition of the employees performing the functions of the contract service (clause 2, clause 6 of the Model Regulations).
Public and Municipal Procurement Management - An online course for contract managers, contract service specialists and procurement commissioners. An additional professional advanced training program was developed based on the requirements of the professional standard "Procurement Specialist".
Q: can one customer create multiple contract services?
Answer: Law No. 44-FZ, as well as Order No. 631 of the Ministry of Economic Development of Russia dated October 29, 2013, does not provide for the right of the customer to create several contract services. Consequently, the customer is not entitled to create multiple contract services.
The composition of the contract service of the customer
The customer must independently approve the structure and determine the number of employees of the contract service, given that it cannot consist of less than two people (clause 7 of the Standard Regulation).
Regardless of the form in which the contract service is created, the customer must appoint its head (clause 9 of the Model Regulations). If the contract service is created in the form of a separate structural unit, it is headed by the head of this unit. The contract service without the formation of a separate subdivision is headed by the head of the customer or one of his deputies.
Important! If the inclusion of individual employees in the contract service is associated with a change or expansion of their labor function, and, consequently, with a change in the employment contract, then such inclusion can be carried out only with the consent of these employees and subject to the introduction of appropriate changes in their job descriptions.
Question: Does the customer have the right to include a person in the contract service (appoint a contract manager) on the basis of a civil law contract (GPC contract)?
Answer: No, I have no right. According to Part 2 of Art. 38 of Law No. 44-FZ, only an official of the customer can be a contract manager. That is, the functions of employees of the contract service cannot be assigned to persons who are not members of labor or service relations with the customer. The Ministry of Economic Development of Russia agrees with this opinion in the Letter No. OG-D28-834 dated January 31, 2014.
Requirements for the education of contract service employees
The Ministry of Economic Development of Russia in P isma No. OG-D28-15539 dated 08.11.2013 explained that after January 1, 2017, all employees of the contract service will have to have either a higher education (without taking into account the profile) or additional professional education in the field of procurement (Letters of the Ministry of Economic Development Russia dated 06.04.2016 No. D28i-841, dated 13.05.2016 No. D28i-1220). In the joint letter of the Ministry of Economic Development of Russia No. 5594-EE / D28i, the Ministry of Education and Science of Russia No. AK-553/06 dated 12.03.2015 "On the direction of methodological recommendations" there is a recommendation to establish a minimum period for mastering additional professional programs, regardless of the training technologies used, at least 108 hours ( p. 2.3 of the Methodological Recommendations).
The educational requirements for members of the procurement commission are less stringent. The composition of the procurement commission by the customer includes:
- persons who have undergone professional retraining or advanced training in the field of procurement,
- persons with special knowledge related to the procurement object.
That is, in the composition of the procurement commission, the customer may include persons who do not have higher education or additional professional education specifically in the field of procurement, but have special knowledge related to the procurement object (Letters of the Ministry of Economic Development of Russia dated 09.23.2013 No. D28i-1070, p. . 1 letter of the Ministry of Economic Development of Russia dated 05.22.2014 N D28i-777).
The question of the need for training and advanced training of employees is decided by the customer independently (Letter of the Ministry of Economic Development of Russia dated 04.29.2016 No. D28i-1129).
The document confirming the availability of vocational education (secondary or higher) is a diploma, and the improvement or award of qualifications based on the results of additional vocational education is confirmed by a certificate of advanced training or a diploma of vocational retraining (part 7, part 10 of article 60 of the Law on Education) ...
Order to create a contract customer service
The organization has decided to create a contract service. The form for making such a decision has not been established by Law No. 44-FZ. As a rule, it is drawn up in the form of an order: in any form, on paper.
What must be indicated in the order:
- surname, name, patronymic, position of the head of the contract service;
- structural unit, which is entrusted with the functions of the contract service, or surnames, first names, patronymics, positions of employees of the contract service;
- the term for the preparation by the head of the contract service of documents (job regulations, instructions, etc.) that determine job duties and personal responsibility of employees of the contract service (clause 10 of the Model Regulation).
Who makes up: authorized official.
Who claims: the head of the customer or a person authorized by him.
Approval period: no later than the beginning of the financial year, in which the customer's total annual procurement volume (AGO) exceeds RUB 100 million. If the SGOZ exceeds the specified amount as a result of the approval of additional funding for the customer, - no later than the date the relevant decision is communicated to him (part 1 of article 38 of Law No. 44-FZ).
What does contract service and contract manager do
The contract service and the contract manager carry out the organization of the entire procurement cycle for the needs of the customer: from planning to the fulfillment of all obligations under the contract, including payment for the delivered goods, services provided, and work performed.
At the procurement planning stage, the contract service (contract manager) develops a procurement plan, a procurement schedule, makes changes, places the documentation in the EIS. In addition, the contract service provides preparation of the procurement justification, determines and justifies the NMC, the price of the contract concluded with sole supplier.
Functions of the contract service when defining suppliers:
- selection of a method, specification of the NMC, organization of preparation of a description of the procurement object;
- preparation of notices, documentation, draft contracts, minutes of commission meetings;
- organizational and technical support for the activities of the commissions;
- ensuring the provision of benefits to the penal system and organizations of disabled people, purchases from small businesses and socially oriented non-profit organizations(SMP and SONO);
- clarification of the provisions of the documentation;
- ensuring the safety of envelopes, providing audio recording, storage of documents;
- ensuring agreement with a single supplier;
- ensuring the conclusion of contracts, inclusion of evaded procurement participants in the RNP.
When executing, changing, terminating the contract, the contract service is engaged in:
- acceptance of goods, works, services (TRU), organization of payment and examination of TRU;
- interaction with the supplier when changing, terminating the contract, applying measures of responsibility, including inclusion in the RNP;
- placement in the EIS of a report on the execution of the contract; preparation and placement in the EIS of a report on the volume of purchases from the SMP and SONO;
- organizes consultations with suppliers, as well as mandatory public discussion of procurement;
- participates in the discussion of requirements for certain types of GWS and regulatory costs;
- develops draft contracts, including standard ones;
- checks bank guarantees and informs about the refusal to accept the guarantee; organizes the payment of monetary amounts under a bank guarantee;
- organizes the return of funds deposited as collateral.
Customer commission
For the vendor identification procedure, the purchaser creates a procurement commission, a collegial body that is created by the purchaser to identify vendors if purchases are made in a competitive manner.
Please note that to make a purchase from a single supplier, you do not need to create a commission (part 1 of Art. 39 44-FZ).
According to the current legislation, the customer has the right to create a commission both for carrying out a specific purchase, and for determining the supplier in one of the ways, as well as for carrying out all purchases, regardless of the method of determining the supplier (single commission).
Law 44-FZ limits only the minimum number of commission members, while the maximum number is not limited. Requirements for the minimum number of commission members: at least five people for competitive, auction, single commissions, at least three people - the rest of the commissions.
The customer includes in the commission mainly persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object (part 5 of article 39 44-FZ) - that is, most of the members of the commission must have knowledge and experience in procurement.
If the planned purchases do not have specific specifics, and the participation of certain specialists in the work of the commission is not required, it is recommended to create a single commission to carry out all purchases, regardless of the procurement object and the method of determining the supplier.
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According to the provisions of Federal Law No. 44-FZ, all institutions making purchases for more than 100 million rubles a year must form contract services. It is not necessary to create special structural units.
The work of the contract service is governed by the provision on the contract service, which should be drawn up on the basis of the adopted model provision.
In the regulation on the contract service of the organization, the functions and rights of the contract service are prescribed. The procedure for the formation and operation of the contract service in the field of procurement is indicated, the rules for selecting contractors are indicated, methods for planning and justifying procurement, the procedure for concluding contracts and other aspects of procurement are prescribed.
about contract service
POSITION
on the contract service in the field of procurement of goods, works, services to meet the needs
1. General Provisions
1.1. This Regulation on the contract service in the field of procurement of goods, works, services to meet the needs of ______________________ (hereinafter - the Regulation) establishes the procedure for the creation and functioning of the contract service in the procurement of goods, works, services to meet state or municipal needs, including at the planning stage procurement, determination of suppliers (contractors, performers), conclusion and execution of contracts.
1.2. The contract service is created in order to ensure the implementation of ______________________ (hereinafter referred to as the Customer) purchases of goods, works, services to meet the needs of the Customer (hereinafter referred to as the purchase).
1.3. The contract service is guided in its activities
The Constitution of the Russian Federation, civil legislation, budgetary legislation of the Russian Federation, Federal law
dated April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs"
(hereinafter referred to as the Law), other regulatory legal acts, including this Regulation.
1.4. The main principles for the creation and functioning of the activities of the contract service in the implementation of the procurement are:
professionalism - attracting qualified specialists with theoretical and practical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;
openness and transparency - free access to information about the actions performed by the contract service aimed at meeting state and municipal needs, including the methods of procurement and their results;
efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.
1.5. The structure and size of the 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.
Appointment and dismissal of an employee of the contract service is allowed only by decision of the head of the Customer or the person performing his duties.
The contract service is headed by the head of the contract service.
1.6. Officials of the contract service must have a higher education or additional vocational education in the field of procurement or vocational education or additional vocational education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.
1.7. Officials of the contract service cannot be individuals who are personally interested in the results of determining suppliers (contractors, performers), as well as persons of control bodies in the field of procurement, directly exercising control in the field of procurement in accordance with the Law. If an official of the contract service arises circumstances that may lead to a personal interest in the results of determining suppliers (contractors, performers), such a person is obliged to inform the head of the Customer in writing in order to exclude him from the contract service.
1.8. In case of identification in the composition of the contract service of the persons indicated
in clause 1.7 of this Regulation, the Customer is obliged to immediately release these officials from the performance of their duties and assign them to another official who meets the requirements of the Law and this Regulation.
II. Functions and powers of the contract service
2.1. The contract service carries out the following functions and powers.
2.1.1. When planning purchases:
develops a procurement plan;
organizes, if necessary, 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;
prepares changes for making to the procurement plan;
organizes the approval of the procurement plan;
places in the unified information system in the field of procurement (hereinafter referred to as the unified information system) the procurement plan and the changes made to it;
prepares changes for making to the schedule;
organizes the approval of the schedule;
places in a unified information system the schedule and the changes made to it;
organizes a mandatory public discussion of the purchase of goods, work or services in cases provided for by the Law;
based on the results of a mandatory public discussion of the procurement of goods, work or services, if necessary, makes changes to procurement plans, schedules, procurement documentation or organizes the cancellation of the procurement;
determines and justifies the initial (maximum) contract price;
2.1.2. When determining suppliers (performers, contractors):
prepares and places in a unified information system notifications about procurement;
prepares and places procurement documents and draft contracts in a unified information system, makes changes to procurement documents;
prepares and sends invitations to participate in the determination of suppliers (contractors, performers) in closed ways;
2.1.3. Upon execution, modification, termination of the contract:
ensures the implementation of purchases, including the conclusion of contracts;
participates in the consideration of cases on appealing the results of determining suppliers (contractors, executors);
prepares materials for the implementation of claim work.
2.2. The contract service exercises other powers provided for by the Law.
2.3. In order to implement the functions and powers specified in clause 2.1 of these Regulations, the officials of the contract service are obliged to:
1) prevent the disclosure of information that has become known to them in the course of the procedures for determining the supplier (contractor, performer), except for cases directly provided for by the legislation of the Russian Federation;
2) maintain the level of qualifications necessary for the proper performance of their official duties;
3) not to negotiate with the procurement participants until the winner of the determination of the supplier (contractor, performer) of procurement procedures is identified, except for cases directly provided for by the legislation of the Russian Federation;
4) if necessary, involve experts, expert organizations in their work in accordance with the requirements provided for by the Law and other regulatory legal acts;
5) comply with other obligations and requirements established by the Law.
2.4. With the centralization of procurement, provided for by the provisions of the Law, the contract service exercises the functions and powers provided for in paragraphs 2.1-2.2 of these Regulations and are not transferred to the relevant authorized body, authorized institution, which exercise the authority to determine suppliers (contractors, performers).
2.5. Contract manager:
2.5.1. Distributes responsibilities between employees of the contract service;
2.5.2. Submits for consideration by the Customer proposals for the appointment and dismissal of contract service workers;
2.5.3. Coordinates, within the competence of the contract service, the work of other structural divisions of the Customer;
2.5.4. Exercises other powers stipulated by the Law.
III... Responsibility of employees of the contract service
3.1. Any procurement participant, as well as public associations exercising public control, associations of legal entities in accordance with the legislation of the Russian Federation have the right to appeal in court or in accordance with the procedure established by the Law, to the control body in the field of procurement actions (inaction) of officials of the contract service, contract manager, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.
3.2. Officials of the contract service guilty of violating the Law, other regulatory legal acts provided for by the Law, as well as the norms of this Regulation, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
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Sample Order on the creation of a contract service and the Regulations on contract service under 44-FZ
By virtue of Part 1 of Art. 38 of Law 44-FZ, customers whose total annual procurement volume in accordance with the schedule exceeds one hundred million rubles, create contract services (while the creation of a special structural unit is not mandatory).
Within the framework of Part 3 of Art. 38 of Law 44-FZ, the Contract Service operates in accordance with a regulation (regulation) developed and approved on the basis of a standard regulation (regulation) approved by the federal executive body for regulating the contractual system in the field of procurement.
Currently, the model provision is approved by the Order of the Ministry economic development RF of October 29, 2013 N 631 "On the approval of the Model Regulations (regulations) on contract service."
Currently, most customers do not have the opportunity to create a separate structural unit. Due to the impossibility of providing budgetary organizations with remuneration of qualified personnel resources corresponding to the level of remuneration in the commercial sector, the vast majority of customers do not have one system training, there is a shortage of qualified professionals in the field of procurement and jurisprudence. In such conditions, objective difficulties arise in the development and application of legitimate algorithms for interaction between the structural units of the customer in the field of procurement (it is assumed from the beginning of planning and ending with acceptance, maintenance and disposal).
In view of the above, the preparation of a provision on contractual service with a detailed study of the distribution of functions becomes a pointless exercise. Since if the customer's management triples existing system or the customer, in fact, is a hostage of the situation, then a detailed provision on contract service will not save.
The provision on the contract service will be more in the nature of a disciplinary act, since in the end, in the event of a conflict within the contract service or between employees of the contract service and other divisions, the head of the organization will have to perform the role of an arbiter.
My personal opinion is that in the presence of, so to speak, "external" offenses within the framework of the current legislation, the head of the organization will be held liable, tk. employees of the contract service are employees of a legal entity.
By virtue of Part 1 of Art. 1068 of the Civil Code of the Russian Federation entity or a citizen compensates for the harm caused by his employee in the performance of labor (official, official) duties.
According to Art. 1069 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local authorities or officials of these bodies, including as a result of the issuance of an act of a state body or local government that does not comply with the law or other legal act, is refundable.
Ultimately, the provision on contractual service is mandatory within the framework of the law, but, in most cases, it will be a formal implementation of the law, and not a vital necessity for customers.
44-FZ contract service
The structure of the contract service is determined by the framework (standard) provision, but each customer sets it independently. We will analyze what functions to assign to the contract service and how to assign powers to the contract manager.
Contract service structure
If the contract manager does not cope with the duties: fire or retrain
find out the answer "
How perfect new system public procurement, the contract system has given customers a new responsibility 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 decides on how to implement this obligation. That is, the appointment of a contract manager is a right, not an obligation.
"Procurement Management (120 hours)"
The program is developed according to guidelines 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 over procurement activities. And it is simply necessary to forestall accidental or intentional procurement irregularities, which can then be detected by external controllers. What legal mechanisms are in place for this? The author believes that the most optimal of them is the expansion of the powers of the contract service and the contract manager.
Read more "
Contract manager under 44-FZ
If the customer has chosen the appointment of a contract manager, then such an employee will be assigned duties both in accordance with the position held by him and in accordance with his appointment as a contract manager.
An institution may have more than one contract manager. Moreover, if there are several of them, you need to write down what responsibilities each of them performs.
Retraining of contract managers. Why it is not necessary to split the training course, read the answer to the question "
Do I need to have an internal document to confirm that the employees of the contract service have been trained and their knowledge complies with the professional standard? find out the answer "
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 the schedules. The third - for entering information into the register of contracts.
But in practice it is very rare that there are several contract managers.
How to make a career in procurement: what the professional standard requires from contract managers
Read more "
So that in the contract service the punishment for mistakes is really borne by those who made them, create a table job tasks... And approve it as an annex to the contract service regulations. How to make and fill it - we will tell 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 (and not appoint a contract manager), which is due to the lack of proper motivation and material incentives in our country for a contract manager as an official who bears almost the entire responsibility for the purchases of a specific customer. Appointment of a contract manager leads to staff turnover in this position.
Ethics of communication of a specialist in the field of procurement: requirements and norms of the professional standard
Read more "
“What is your work experience” and “have you been retrained” are important, but not the only questions of the client, to whom you will come to apply for a job. Find out what else you will be asked when interviewing for the position of a contract manager in the article "6 control questions for a contract manager at an interview: a cheat sheet for applicants"
Indeed, in the case of the creation of a contract service, an even distribution of responsibilities between its members is assumed, and when a contract manager is appointed, such an official single-handedly exercises all functions and powers.
During the absence of the contract manager, the customer issues an order to appoint a person to temporarily perform his duties.
"How to apply GOSTs when describing a procurement object?"
Konstantin Edelev, expert of the State Order System 
Write in the terms of reference not only GOST, but also indicators from the standard. If you indicate only the name of the product and a link to GOST, it will be difficult for the participant to understand which product is needed. For example, one of the customers included in the documentation a requirement that materials must meet certain GOST standards. There were no specific indicators in the terms of reference. The inspectors and the courts considered this to be a violation. The materials on state standards are diverse: they are divided into types, classes, brands, classifications, so the participants did not understand what kind of goods to supply. See three more tips for using GOSTs in the recommendation:
"How to describe a procurement object in 2018"
44-FZ contract service
The structure and size of the contract service is determined and approved by the customer, but it cannot be less than two people.
Can the deputy head of the legal support department be the head of the contract service?
Read more "
The contract service can be organized by creating a separate structural unit or by the customer's approval of the permanent composition of its employees performing the functions of the contract service (without forming a separate structural unit). Therefore, it is not always necessary to change the staffing table.
Since the contract service conducts purchases from the moment of their planning until the time of execution of contracts and drawing up reports, it is assumed that the contract service should include representatives of the legal and financial structural divisions of the customer and, of course, the full complement of representatives of the structural division responsible for organizing public procurement.
A contract service can be a kind of add-on.
This is in the event that it goes without the formation of a structural unit. For example, it can be created by order of the head, which is assigned to individual employees of the accounting department. AXO, the procurement department (if such exists) are entrusted with the functions of the COP. At the same time, if the inclusion of individual employees in the composition of the CC is associated with a change or expansion of labor functions, and therefore with a change in the labor contract, then such inclusion can be carried out only with the consent of the basic 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 head, 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 subdivision, is headed by the head of the customer or one of the deputy heads of the customer, which is confirmed by the letter of the Ministry of Economic Development of Russia dated 04.06.2015 No. D28i-1514.
Checks reveal violations of this. For example, in the institution, the chief accountant or the head of the AXO, who are not the deputy heads, are appointed as the head of the Constitutional Court.
The head of the legal or financial department cannot be the head of the contract service, created without the formation of a separate structural unit, if such an employee does not have the status of deputy. the head of the organization.
It is very rare in practice when the head of the CC is appointed the head of the institution.
✔ Useful sample documents in the field of procurement:
At its core, the contract service assigns a special rank to all employees of the customer involved in the procurement process, with the exception of employees who open envelopes with bids from procurement participants, review and evaluate bids, and accept the execution of the contract.
An official for whom an EDS was issued, who does not have an order to transfer powers from the head, cannot sign a contract. If the manager goes on vacation, then the acting There may be 2 EDS in case of breakage, loss. Deadline... The flash drive is lost.
IMPORTANT! The customer must still have a procurement commission.
Unlike the contract service, the permanency of the procurement commission depends on the customer's decision. According to which it can be either a permanent structure (a single procurement commission), performing procurement functions by using any of the methods for determining a supplier (except for a single supplier), or created separately for different ways determination of the supplier (tender, auction, quotation commissions, commissions for consideration of applications for participation in the request for proposals and final proposals). The purchase commission can be created, including separately for each purchase.
The main purpose of the work of the procurement commission- determination of the supplier (contractor, executor) - means the need to open envelopes with bids, assessment, consideration and comparison of bids of procurement participants, which predetermines the possibility and consistency of including both internal and external specialists in the field of public procurement in the procurement commission.
It is interesting that the implementation of this right of the customer is possible within the framework of the creation of a procurement commission by him, according to the order of work of which its composition is constant, except for one of its members - a specialized specialist who is appointed before the implementation of each purchase in accordance with the characteristics of the specific product required by the customer. work or service.
The functional responsibilities of the contract service are determined by an unspoken rule, according to which it includes employees of the customer, and any need to involve third-party individuals absent.
Consequently, the contract service is a permanent “purchasing body” of the customer.
APPROVED BY
by order ___________
from __.__. 20__ No. ____
Regulations for the work of the contract service
___________________________________________
1. General Provisions
1.1. These Regulations for the work of the contract service _______________ (hereinafter - the Regulations) determine the procedure for the contract service to exercise its powers, as well as the procedure for interaction of the contract service with units - administrators of budget expenditures, procurement commissions in order to ensure the planning and implementation of _______________ purchases of goods, works , services to meet state needs in accordance with Federal Law dated 04.05.2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law dated 04.05.2013 No. 44- FZ).
2. Procurement planning
2.1. Procurement planning is carried out on the basis of the Plans for the corresponding period, containing a list of measures 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 proposals of scientific and technical (expert ) advice on industries, as well as needs for goods, works, services necessary to perform the functions of _______________ through the formation, approval and maintenance of:
- procurement plans;
- schedules.
2.2. When planning purchases, the following should be ensured:
- timely satisfaction of the needs of _______________ in goods, works, services;
- Achievement of 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 considering draft budgets budget system Of the Russian Federation, taking into account the provisions of the budgetary legislation of the Russian Federation for a period corresponding to the period of validity of the law on the budget for the next fiscal year and the planning period, and is approved by the Head of the organization.
3.2. The head of the contract service ensures the approval of the Procurement Plan within 10 working days after bringing to _______________ the amount of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budgetary legislation of the Russian Federation.
3.3. The contract service _______________ carries out the formation, approval and maintenance of the Procurement Plan in the manner prescribed by the Government of the Russian Federation, including ensuring the preparation of the procurement justification by the administrative units of budgetary funds (hereinafter - Expense Administrators) when forming the Procurement Plan.
4. Formation of the 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, by __ _________ 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 purchases for the planning period by the Expenses Administrator includes information about the purchases of the Administrator of expenses 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 about the procurement of the Administrator of the costs provided for by the Plan of Research and Development, the Plan for Applied scientific research and developments (research and development work) for the corresponding financial year in _______________.
4.4. In relation to each purchase provided for in the List of purchases for the planning period, the Expense Administrator, inter alia, provides the following information:
- name and description of the procurement object, indicating the minimum necessary requirements applied to the procurement object, which may include functional, technical, quality and performance characteristics associated with determining the conformity of the supplied goods, the work performed, the services provided to the needs of the customer and allowing to identify the subject of the contract. The description of the object of the procurement should be formed on the basis of the provisions of the relevant proposals of scientific and technical (expert) councils by industry and be drawn up taking into account the requirements of Article 33 of the Federal Law dated 04.05.2013 No. 44-FZ;
- copies of sources of information necessary and sufficient for the Contract Service _______________ to prepare a justification for the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) in the manner prescribed by Article 22 of Federal Law No. 44-FZ dated 04.05.2013;
- quantity, planned time, frequency of delivery of goods (performance of work, provision of services);
- the amount of the advance (if an 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 of such requirements provided for by Part 2 of Article 31 of Federal Law No. 44-FZ of May 4, 2013;
- the estimated start date of the purchase;
- information on the amount of the provided security for the respective 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 the work (if the specified criterion is applied) when determining a supplier (contractor, performer);
- information on prohibitions on the admission of goods (works, services), as well as restrictions and conditions for the admission of goods (works, services) for the purposes of procurement in accordance with Article 14 of the Federal Law dated 04.05.2013 No. 44-FZ;
- the advantages provided to the procurement participants in accordance with Articles 28 and 29 of the Federal Law dated 04.05.2013 No. 44-FZ (if there are such advantages).
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 Administrator of Expenses.
4.6. The list of purchases for the planning period, except for the cases provided for in clause 4.7. of these Regulations, is formed by the Administrator of expenses, in accordance with the established procedure, is agreed by the supervising Deputy Head of the organization after agreement with the relevant divisions _______________:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;
4.7. The list of purchases for the planning period, carried out by the Administrative Unit and the Unit for the Implementation of Convention Obligations, is formed by the Expenses Administrator, in the prescribed manner, is agreed upon by the supervising Deputy Head of the organization after agreement with the budgetary policy and finance unit regarding the limits of budgetary commitments and compliance of the budget classification codes with the approved budget list, and also with the Contract Service in terms of compliance with the Procurement Plan, the Organizational and Management Plan, as well as the availability of information necessary for the formation of the Procurement Schedule.
4.8. The list of purchases for the planning period, agreed in the manner prescribed by clause 4.6. of these Regulations, provided by the Administrator of expenses 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. Not later than _________________ from the date of approval by the Head of the organization of the List of purchases for the planning period, the Administrator of expenses, by _____________________________, submits the specified document to the Contract Service of _____________ and a copy to the budget department.
4.10. Contract service on the basis of the Lists of purchases for the planning period provided in accordance with clause 4.8. of this Regulation, forms a Procurement Schedule, including for each procurement provided for by the relevant Procurement List for the planning period:
- determines the method of determining the supplier (contractor) of the contractor;
- forms the rationale for the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer);
- indicates information about the banking or treasury support of the contract;
- indicates information about the mandatory public discussion of the purchase of goods, work or services (number and date of the protocol);
- indicates information on restrictions related to participation in the procurement of only small businesses, socially oriented non-profit organizations in accordance with the provisions of Article 30 of the Federal Law of 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 amount of rights in monetary terms to accept and (or) fulfill obligations.
4.12. The procurement schedule is placed in a unified informational one within 3 working days after its approval.
4.13. If it is necessary to make changes to the Procurement Schedule, the Cost Administrator generates changes to the Procurement List for the Planning Period and agrees on the changes in accordance with the procedure established by clause 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 division of budgetary policy and finance.
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 the Schedule of procurement procedures
5.1. Within _____________ days from the date of approval of the Procurement Schedule, the Expense Administrators form the Procurement Schedules of the divisions, which, after approval by the Deputy Head of the Organization in charge of the Expense Administrator, are transferred to the Contract Service of _____________.
5.2. The Contract Service _____________ draws up the Schedule for the procurement procedures based on the Procurement Schedules of the divisions, taking into account the time, human and material and technical resources necessary for the procurement and submits the drawn up document for approval to the Head of the Contract Service _____________.
5.3. The organization of work in _____________ to carry out purchases at the expense of the federal budget is carried out in strict accordance with the Schedule for determining the supplier (contractor, executor).
6. Determination of suppliers (contractors, performers)
6.1. The basis for starting the procedure for determining a supplier (contractor, executor) at the expense of the federal budget (hereinafter referred to as the definition of a supplier) is a procurement order approved by _____________.
6.2. The draft order is prepared by the responsible employee of the contract service in accordance with the division of duties on the basis of the Schedule at least _____________ before the planned date of posting a purchase notice in the unified information system using the organization's information system, except for cases of procurement through closed methods of determining a supplier ( contractor, performer).
This order reflects the method for determining the supplier, determined by the contract service in accordance with the Schedule, the official authorized to approve the notice of procurement, procurement documentation, to sign the contract on behalf of _____________ following the results of determining the supplier (contractor, executor), the composition is approved and the procedure for the work of the procurement commission, the deadline for submission by the Administrator of expenses to the contract service of the duly approved technical (functional) requirements for the procurement object.
6.3. The draft order, with the exception of the case specified in clause 10 of these Regulations, is coordinated by the following divisions:
– _____________________________________;
– _____________________________________;
– _____________________________________;
– _____________________________________;
6.4. The draft order on the implementation of procurement in the areas of expenses of the Administrative Unit and the Unit for the implementation of convention obligations, formed in the manner prescribed in clause 6.3. of this Regulation, is coordinated with the budgetary policy and finance subdivision in terms of budgetary commitments limits and compliance of the budget classification codes with the approved budget list, as well as with the Contract Service _____________ in terms of compliance with the procurement schedule, the Organizational and Management Plan.
6.5. Draft orders containing information constituting a state secret are prepared in accordance with the procedure established by the legislation of the Russian Federation on the protection of state secrets, if there is an agreement on a decision to carry out purchases by conducting closed methods of determining a supplier (contractor, executor).
6.6. After the issuance of the order, the contract service:
- based on the costs presented by the Administrator to the contract service, duly approved technical (functional) requirements for the procurement object, as well as sample forms posted in the organization's information system, prepares a procurement notice, procurement documentation and a draft contract, prepares invitations to participate in determining suppliers (contractors, performers) by closed methods;
- approves the specified documents in the manner specified in clauses 6.4, 6.5 of these Regulations;
- approves the notice of procurement, procurement documentation.
6.7. The contract service is responsible for the compliance of draft state contracts included in the procurement documentation with the requirements of the legislation of the Russian Federation, which regulates the issues of securing rights to the results of intellectual activity.
6.8. After the 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 determination of suppliers (contractors, performers) by closed methods, provides in the manner and terms stipulated by the current legislation of the Russian Federation , procurement, including the conclusion of contracts.
6.9. Prior to the expiration of the deadlines established by Federal Law No. 44-FZ of 04.05.2013, amendments may be made to the procurement notice, procurement documentation. Changes can be made at the initiative of the Cost Administrator, Contract Service. Changes are approved by order _____________, formed and agreed upon in the manner prescribed by clauses 8, 9, 10 of these Regulations.
If a decision is made to amend the procurement notice, procurement documentation, the deadline for submitting applications must be extended in accordance with Federal Law No. 44-FZ dated 04.05.2013.
The placement of changes in the procurement notice, 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 time period established by Federal Law No. 44- of 04.05.2013 FZ, if such a request was received by _____________ before the expiration of the period established by Federal Law No. 44-FZ of 04.05.2013.
Within one working day from the date of sending the clarifications of the provisions of the procurement documentation, the contract service posting the clarification on the official website indicating the subject of the request, but without indicating the procurement participant from which the request was received.
6.11. Prior to the expiration of the deadlines established by Federal Law No. 44-FZ of May 4, 2013, _____________ a decision may be made to cancel the determination of the supplier (performer, contractor). Such a decision can be made at the initiative of the Administrator of Expenses, Contract Service. The contract service places on the official website a notice of refusal to determine the supplier (performer, contractor).
6.12. In case of receipt of an application from the procurement participant for the provision of procurement documentation, such an application is registered by the contract service. The contract service provides procurement documentation to an interested party within the time frame established by Federal Law No. 44-FZ of May 4, 2013, and enters information about the person to whom the documentation was issued to the journal for issuing tender documentation.
6.13. Each envelope with an application received within the time period specified in the notice of purchase, procurement documentation, is subject to registration by the contract service in the register of applications. At the request of the procurement participant, the contract service issues a receipt for the envelope with 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 content of applications for participation in procurements is considered only after opening the envelopes with applications for participation in procurements.
6.14. Acceptance of applications is terminated at the time specified in the notice of procurement, procurement documentation.
The envelopes with applications received after the end of accepting applications are registered by the contract service in the application registration log and are opened (if the mailing address (for a legal entity) or information about the place of residence (for an individual) of the participant in the order placement is not indicated on the envelope).
On the day of receipt of such an envelope with an 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 the late application on the day it is received.
6.15. All applications received before the deadline for submission of 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 the procurement commissions, including, at the written request of the Chairman of the procurement commission, provides verification of:
- compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, rendering services, which are the object of the procurement;
- failure to liquidate a procurement participant - a legal entity and the absence of an arbitration court decision on recognizing a procurement participant - a legal entity, or individual entrepreneur insolvent (bankrupt) and on the opening of bankruptcy proceedings;
- non-suspension of the procurement participant's activities in the manner established by the Code of Administrative Offenses of the Russian Federation, as of the date of filing an application for participation in the procurement;
- the procurement participant has no arrears in taxes, fees, arrears on other obligatory payments to the budgets of the budgetary system of the Russian Federation;
- absence in the register of unscrupulous suppliers (contractors, executors) of information about the procurement participant - a legal entity, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant;
- the procurement participant - an individual or the head, members of the collegial executive body, the person performing the functions of the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a criminal record for economic crimes 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 whose convictions have been canceled or canceled), as well as the non-application of punishment to these individuals in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the supply of goods, performance work, provision of services, which are the object of the procurement being carried out, and administrative punishment in the form of disqualification;
- procurement participant - a legal entity that, within two years prior to the filing of the application for participation in the procurement, was not brought to administrative responsibility for committing an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation;
- the procurement participant's possession of exclusive rights to the results of intellectual activity;
- no conflict of interest between the procurement participant and the customer;
- the procurement participant is not an offshore company;
- the procurement participant has no restrictions for 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 of the results of the inspection.
6.17. The contract service provides an 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, provides audio recording of the opening of envelopes with applications for participation in procurement.
6.18. An employee of the contract service must be present at the meetings of the procurement commission, who prepares the minutes of the procurement commission meetings on the basis of decisions taken by the 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 the legislation, of the protocols drawn up during the procurement process, bids for participation in procurement, procurement documentation, amendments to procurement documentation, clarifications of the provisions of procurement documentation and audio recording of the opening of envelopes with bids for participation in purchases.
6.20. Based on the decision of the procurement commission, the contract service ensures the conclusion of the contract by notifying the Cost Administrator of the results of the procurement and providing information about the participant with whom the contract is concluded.
If necessary, the contract service provides referral required documents to conclude a contract with a single supplier (contractor, performer) based on the results of failed procedures for determining the supplier in the cases established by the Federal Law, to the relevant authorities specified in clauses 24 and 25 of Part 1 of Article 93 of Federal Law No. 44-FZ of 04.05.2013.
6.21. In the event that the procurement participant with whom the contract is concluded is recognized as evading the conclusion of the contract, the contract service organizes the inclusion of information about the 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.
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