This instruction has been drawn up in accordance with the Resolution of the Ministry of Labor of the Russian Federation dated August 21, 1998. No. 37 “Industry-wide qualification characteristics of positions of workers employed in enterprises, institutions and organizations.” 1.2. A legal adviser belongs to the category of specialists. 1.3. This job description establishes the rights, responsibilities and job responsibilities of a legal adviser. Responsibilities of a lawyer in the field of procurement This job description has been developed in accordance with the provisions of the Labor Code of the Russian Federation, 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. Additional professional education (Certificate of advanced training dated August 27, 2014): Education Center "ELKOD", Moscow.

Instructions for a contract service lawyer (FZ-44)

Contract manager: training and professional standards In accordance with Part 1 of Article 9 of 44-FZ, the contract system in the field of procurement provides for the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement . Customers and specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (Part 2 of Article 9 44 -FZ).

Job description

The contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement. Thus, the Standard Regulations (Regulations) on contract service, approved by order of the Ministry of Economic Development of the Russian Federation dated October 29, 2013.
N 631 (hereinafter referred to as the Regulations), it is established that the contract service is created in order to ensure the planning and implementation by the state customer of procurement of goods, works, and services to meet state needs.

Job description of a contract service employee

Attention

The job description of the CU must necessarily specify job responsibilities and responsibility for their failure to fulfill them. The contract manager is responsible under labor legislation (Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of job duties provided for in the job description and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of its activities. Contract managers who have committed administrative offenses under Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

Rights of a lawyer in contract service

Info

This job description has been developed on the basis of the Professional Standard “Procurement Specialist”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ……… (details of local regulations of the organization) 6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).

The fact that the employee has familiarized himself with this job description is confirmed by ……… (by signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; in another way) 6.3.

Ipc-zvezda.ru

Federal Law). 5. Contract manager according to 44-FZ: job description The Customer has 3 possible options for appointing a contract manager: Option No. 1 - Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar responsibilities and powers; Option No. 2 - Transfer a full-time employee to the position of contract manager (or similar position) with the conclusion of an agreement to change the terms of the employment contract; Option No. 3 - Agree with the full-time employee on the possibility of combining positions according to the rules of Article 60.2 of the Labor Code of the Russian Federation (in this case, in accordance with Article 151 of the Labor Code of the Russian Federation, the employee is paid additionally, and appropriate changes are made to his job description).

Job description of a contract manager

Federal Treasury dated March 17, 2014 N 42-7.4-05/9.1-164 “On the inclusion of lawyers in the contract service” Federal Treasury in connection with the need to create a contract service within the framework of the Federal Law dated 04/05/2013 N 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs" and received numerous questions from the territorial bodies of the Federal Treasury to the Federal Treasury about the advisability of including employees of the legal department of the territorial bodies of the Federal Treasury (hereinafter referred to as lawyers) in the contract service created without the formation of a special structural unit, as well as the need to make changes to the job regulations of lawyers in terms of assigning additional responsibilities to them to perform the functions of a member of the contract service, reports the following.

Important

Prepare documents related to appealing procurement at the request of regulatory authorities, participate in the consideration of complaints, represent the interests of the customer, participate in control activities, inspections, provide all necessary information to inspection authorities. 2.6. Participate in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepare materials for performing claim work.

2.7. 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. 2.8.

Job responsibilities of the contract service legal adviser for 44 ap

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

1. organizing, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;

1. other powers provided for by 44-FZ.

A detailed list of functions and powers of the contract service (contract manager) is contained in Section II of the standard regulations (regulations), approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

Job responsibilities of a contract service legal adviser under 44-FZ

A contract service employee must be able to: 1) use computer and other auxiliary equipment, communications and communications equipment; 2) negotiate, analyze data on the progress of fulfillment of obligations; 3) organize and conduct procedures for attracting experts and expert organizations; 4) check the compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract; 5) apply liability measures and take other actions in case of violation by the supplier (contractor, performer) of the terms of the contract; 6) involve third-party experts or expert organizations to examine (check) the compliance of the results provided for in the contract with the terms of the contract; 7) draw up and execute documents based on the results of the inspection; 8) ……… (other skills and abilities) 1.4.
A contract service employee in his activities is guided by: 1) Federal Law dated 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, Federal Law dated 07/18/2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities”, Federal Law dated December 2, 1994 N 53-FZ “On the procurement and supply of agricultural products, raw materials and food for state needs”; 2) ……… (name of the constituent document) 3) Regulations on ……… (name of the structural unit) 4) this job description; 5) ……… (names of local regulations regulating labor functions by position) 1.5. The contract service employee reports directly to ……… (name of the manager’s position) 1.6.

The job description of a procurement specialist is a fairly important document that an employee signs on his first day of work, along with an employment contract, application for employment and other papers. The instruction defines a specific list of specialist responsibilities, his rights and responsibilities.

The activities of this employee are mainly determined by Federal Law No. 44, which sets out the main areas of work:

• planning purchases of various goods and services;
• identifying and working with suppliers;
• support of the procurement process at all stages;
• constant monitoring of prices for goods and services;
• verification of procurement results, preparation of relevant documentation.

Expert opinion

Chadova Svetlana

In fact, their areas of activity and real job tasks overlap in many ways. This includes searching for a supplier, analyzing prices and other delivery conditions, documenting the entire process, monitoring deadlines, etc. Therefore, the employer has the right to independently draw a line between these two specialists. Moreover, if there are both on staff, it is necessary to draw up 2 job descriptions, which clearly define the responsibilities of each employee.

Why are instructions needed?

Practice shows that this document should not be treated as a formal obligation. Particular attention should be paid to drawing up a job description for a purchasing manager, since this is in the interests of both parties:

1. The employee clearly knows his responsibilities, requirements for knowledge and skills, as well as the degree of his responsibility in case of making wrong decisions. This list of responsibilities and other information cannot be placed in an employment contract, so instructions are drawn up.
2. The employer clearly formulates his requirements for a specialist, on the basis of which he can objectively evaluate his work, offer or require appropriate adjustments.

Expert opinion

Chadova Svetlana

Leading HR specialist, lawyer, labor law consultant, website expert

Thus, the job description of a procurement specialist not only describes the professional responsibilities of the specialist, but also gives the company the right to demand their implementation and the right to apply responsibility when appropriate situations arise.

Sample and rules for drawing up instructions

The document must contain several mandatory sections - these are the requirements for the professional knowledge and skills of the specialist, his work tasks, a detailed description of job responsibilities (in the form of a list), as well as the employee’s responsibilities.

Expert opinion

Chadova Svetlana

Leading HR specialist, lawyer, labor law consultant, website expert

Requirements for knowledge and skills

The section can be placed at the beginning of the job description - for example, in “General Provisions” or highlighted as a separate paragraph. At the beginning of the document, you need to leave a space for the director’s visa “I approve”, give the full name of the specialist’s position, identify his replacement in the event of the absence of the main employee due to illness, vacation, business trip and other reasons.

know:

• fundamentals of legislation - civil, administrative, budgetary, antimonopoly and other branches of law;
• features of accounting when evaluating purchases;
• pricing in the market, price tracking methods;
• all types of basic documents, rules for their preparation, risks of the parties (supply agreements, purchase and sale agreements, etc.);
• classification, main characteristics, assortment of product groups that the organization needs to purchase;
• procurement principles/rules;
• features of documentary support of this process;
• labor regulations and other features of working in a particular company.

The purchasing specialist should be able to:

• select suppliers based on specified criteria;
• monitor pricing, master the methodology for determining and justifying initial contract prices;
• draw up procurement and other documentation and check it;
• conduct commercial negotiations, draw up proposals;
• computer skills at the level of a confident user (office programs and programs used in the field of procurement);
• develop information databases, enter information into them, process information, correct it if necessary;
• analyze and select applications;
• evaluate completed purchases based on approved criteria, adjust further actions if necessary;
• organize payment or return of funds in cash, by bank transfer, and be able to interact with banking organizations.

The specialist must be guided in work:

• legislation of the Russian Federation (primarily No. 44-FZ and other laws);
• job description;
• employment contract;
• internal acts of the company.

Separately, you can write labor functions of a specialist, which essentially coincide with his responsibilities, but are formulated in a generalized form, for example:

1. Analysis of data on the needs of the organization, as well as prices for goods/services.
2. Ensuring procurement from various suppliers to meet the company's needs.
3. Preparation of documentation for the procurement procedure.
4. Carrying out procurement, drawing up all related documentation.
5. Processing the results.
6. Carrying out individual instructions from the manager within the agreed responsibilities.

You can separately specify the rights of the employee. He has the right to act on behalf of the organization and represent its interests before contractors, state and municipal authorities. The specialist has the right to adjust his work, make independent decisions within the framework of his authority, and also make proposals for improving the organization of activities in the prescribed manner.

Responsibility of the specialist

Responsibility is established primarily for insufficient performance or evasion of duties. In this case, dismissal on appropriate grounds is applied. Liability also arises for causing damage to the company and for failure to comply with labor discipline.

Full-time legal adviser - full legal support for the company's activities, - organizing and conducting negotiations with suppliers, - accreditation of the company on electronic platforms of the Russian Federation. Instructions of an expert on public procurement, Art. 3. Responsibilities of a lawyer in the field of procurement Responsibilities of a lawyer in the field of procurement Ensuring procurement for state, municipal and corporate needs: 1) preliminary collection of data on needs, prices for goods, works, services; 2) preparation of procurement documentation; 3) processing of procurement results and conclusion of a contract. 2.2. ……… (other functions) 3. Job responsibilities 3.1. The procurement specialist performs the following duties: 3.1.1.

Responsibilities of a procurement lawyer

A corporate lawyer, in addition to resolving general legal issues of an enterprise, must have a perfect knowledge of joint stock law: requirements for the creation of joint-stock companies; types of shares, procedure for their registration; rules for forming blocks of shares and making transactions with shares; stock accounting; the essence of the dividend policy, etc. Job description of a public procurement specialist For failure to fulfill or improper performance of their duties provided for by this job description, in accordance with the current labor legislation of the Russian Federation. 4.2. For offenses committed during the period of its activities - in accordance with the current civil, administrative and criminal legislation of the Russian Federation.

Job Description for Procurement Department Lawyer

Attention

A person who meets the qualification requirements is appointed to the position of employee: having a higher education and working experience in a similar position for at least years. 1.5. 2. Attention Job Description for a Public Procurement Lawyer”; - This job description.

Job description of a lawyer in the procurement department Lawyer, legal consultant, public procurement specialist d.; - legal advice; - claims work, pre-trial dispute resolution; - coordination of contractual and legal work; - representation of interests in institutions, organizations, government bodies. 2010 - 2010 (11 months) Repairman LLC. Full-time legal adviser - full legal support for the company's activities, - organizing and conducting negotiations with suppliers, - accreditation of the company on electronic platforms of the Russian Federation. Instructions of an expert on public procurement, Art. 3.

Job Description for a Public Procurement Lawyer

Legislative acts regulating the production and economic activities of the organization2. Civil, administrative, financial law3. Legislation and regulations relating to the issue of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs4. Rules for the formation and submission of applications for participation in state (municipal) auctions and request for quotation prices 5. Rules for the formation and filing of complaints to the Federal Antimonopoly Service and statements of claim to the courts 6. Internal regulations 7. Rules and standards of labor protection 4. The legal adviser reports to the General Director 5. During the absence of the legal adviser, his duties are performed by a person , appointed by order of the General Director of the company.
The procedure for considering applications, evaluating and comparing applications for participation in tenders, declaring the tender invalid; - Criteria for evaluating applications for participation in tenders, comparative analysis of methods for evaluating applications for participation in tenders; - Efficiency of placing orders for state and municipal needs; - Structure and features of state and municipal contracts; - Specifics of placing orders for state and municipal needs; - Features of placing state and municipal orders for the supply of goods; - Features of placing state and municipal orders for the provision of services; - Features of placing state and municipal orders for various types of work; Job responsibilities: - Places an order for the supply of goods (performance of work, provision of services) to meet the needs of the Federal State Unitary Enterprise ".

Job responsibilities of a public procurement lawyer

The procedure for considering applications, evaluating and comparing applications for participation in tenders, declaring the tender invalid; - Criteria for evaluating applications for participation in tenders, comparative analysis of methods for evaluating applications for participation in tenders; - Efficiency of placing orders for state and municipal needs; - Structure and features of state and municipal contracts; - Specifics of placing orders for state and municipal needs; - Features of placing state and municipal orders for the supply of goods; - Features of placing state and municipal orders for the provision of services; - Features of placing state and municipal orders for various types of work; Job responsibilities: - Places an order for the supply of goods (performance of work, provision of services) to meet the needs of the Federal State Unitary Enterprise ".

Sample job description for a government procurement lawyer

Job responsibilities of a government procurement lawyer A person who meets the qualification requirements is appointed to the position of an employee: having a higher education and at least years of experience in a similar position. 1.2. The procurement economist belongs to the category of specialists, is hired and dismissed by order of the General Director.1.3.
A person with a higher professional (economic) education, without presenting requirements for work experience, or with a secondary vocational (economic) education and work experience as an economist for at least 3 years is appointed to the position of procurement economist.

Job Description for Procurement Economist

Job descriptions in small and medium-sized businesses During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner. This person acquires the corresponding rights and bears responsibility for the improper performance of the duties assigned to him.

2.1. Carries out the development of constituent documents; ensures registration of legal entities and amendments to constituent documents; determines the legal basis of the enterprise's bodies; develops regulations on transactions related to the acquisition or alienation of property. 2.2. Job responsibilities of a government procurement lawyer The procurement economist reports directly to the head of the material and technical department and carries out his activities in accordance with the organization’s Charter, internal labor regulations and other local acts.

Responsibilities of a procurement lawyer

A corresponding separate job description is drawn up only if a specialist who deals exclusively with public procurement is added to the department’s staff. Before drawing up instructions, study the regulations. When resolving issues related to government procurement and concluding government contracts, you need to be guided by the following documents: - Labor Code of the Russian Federation; - GOST R 6.30-2003 (contains the basic requirements for the content and design of the job description); - Budget Code of the Russian Federation (in terms of spending budget allocations for the purchase of goods, works or services for state (municipal) needs, as well as fulfillment of the conditions of state (municipal) procurement and maintaining a procurement register); - Code of the Russian Federation on Administrative Offenses (establishes a system of penalties imposed on a specialist who violates procurement management standards); - Federal Law of July 21, 2005

Job Responsibilities: Procurement Legal Adviser

Note that if the responsibility for managing public procurement is not the main one for the employee, then appropriate changes should be made to the existing job description. Lawyer, legal consultant, public procurement specialist - preparation of documentation for open auctions in electronic form, participation in tenders, finalization of the contract (FZ-94RF); - making changes to the constituent documents of the company: preparing the necessary documents, registration with the Federal Tax Service; - preparation of documentation for obtaining an SRO certificate; - drawing up documentation for contractual work; - legal examination for compliance with current legislation of draft contracts, government contacts, documentation for placing orders, job descriptions, powers of attorney, conclusion of internal audits, etc.

Job Description Procurement Legal Adviser

This person acquires the corresponding rights and is responsible for the improper performance of the duties assigned to him. Job responsibilities of a lawyer for public procurement 4. Carries out: checking the compliance with the law of draft orders, instructions, regulations and other legal documents submitted to the head of the enterprise for signature; checking compliance with the stages of approval of draft documents with responsible employees; approval of draft documents; issuing orders to responsible employees of the enterprise to amend or cancel acts caused by changes in federal legislation.

4.4. Familiarize yourself with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.

The position of a purchasing specialist involves purchasing goods and materials from manufacturers at favorable conditions and prices. Such a manager is required for commercial and industrial production. Since this profession appeared not so long ago, find a good specialist It's hard enough.

Organizations that include the need for a specialist vacancy in their personnel structure give preference to experienced experts. They quickly start working with new technologies, delve into the information system and easily adapt to market changes.

The profession of a procurement specialist requires the personal qualities of the employee, for example, the ability to negotiate, logistics, experience in trading enterprises, etc.

Regulatory acts (223-F3)

The work of procurement employees is regulated through legislative acts. The main ones are Federal laws (44-F3, directly on the purchase of goods 223-F3), the Tax Code, the Labor Code, as well as state regulations and documentation within the enterprise.

To provide the employee with legal protection, Law 223-F3 defines regulated goals, the legal basis of procurement, monitoring compliance with rules and liability for offenses.

In the annex to Law 223-F3 were developed professional standards, which determine the qualifications of employees. Later, changes were made to the Labor Code that any employer is obliged to apply such standards in practice when hiring an employee.

Purpose and structure

Job description definitely must be compiled according to business recordkeeping standards. It is considered to protect the rights and obligations of the employee of the enterprise. When a procurement specialist is hired, a contract is drawn up between him and the employer. contract with mailing for job description. Therefore, the more correctly and competently the instructions are drawn up, the more protected the specialist is.

Document header usually indicates the name of the organization, the information of the manager, and agrees with the text below. The document is certified in writing by the signature of the directors and the seal of the enterprise.

Section “About general provisions” determines the requirements for a candidacy, as well as a list of regulatory documents for review. The section indicates the number of staff units and the ratio to the staffing table. The rules for acceptance and dismissal are indicated.

Section "Rights and Responsibilities" defined by its meaning. The instructions indicate clear and specific rights and responsibilities of the employee who is hired. The more detailed they are defined, the better the workflow will be.

The next section explains to the future employee the amount of responsibility responsibility for illegal actions at the enterprise that go beyond the scope of their competence.

The final section is an indication that the instructions are drawn up in accordance with the standards of Federal legislation.

Requirements for candidates

When applying for a position as a procurement specialist, the employer places a number of requirements on candidates:

Availability of analytical skills.

Be able to master computer and new technologies.

Be sociable.

Be able to make correct and constructive decisions.

There are also certain requirements for completing training in this specific area.

Familiarization procedure

First of all, the employee becomes familiar with job responsibilities when concluding an employment agreement with an employer. Confirmation is a directly signed job description, which indicates the date, signature, position and surname of the employee.

Also, the examination is a signature in the registration log of newly arrived workers, a mark with the date and signature on the hiring order, a note in the log about the completion of instructions.

Accordingly, the instructions should be carefully prepared And claim certain rights and responsibilities from the purchasing officer. If necessary, for example, during expanded production, the manager needs to distinguish between the positions and responsibilities of a procurement specialist and the organization’s supply manager.

Working conditions

When determining working conditions, the employer is primarily guided by professional standards. The specific conditions of purchasing employees are determined by being in indoor conditions, dusty warehouses and outdoors under various weather conditions. Basic knowledge should be focused on numbers, calculations, formulas, charts, tables.

Working conditions are recognized as creative, since the procurement specialist carries out planning, analysis, and design of the work. This profession requires original thinking.

Sample document

Typical structure of instructions for a purchasing manager:

General provisions

The purchasing manager for commercial products is included in the specialist category.

Personnel changes occur in agreement with the head of the department and on the basis of orders from the head of the enterprise.

In the absence of a procurement specialist, his duties are performed by a responsible person appointed by the manager, who fully bears all types of responsibility in the area of ​​specialization.

The activities of a specialist are carried out according to methodological instructions.

The specialist is guided by the Regulations of the enterprise, orders for the organization and this job description.

Specialist must know:

global market trends;

procurement regulations;

assortment, types, classification necessity of goods included in its specialization;

developments about the activities of the enterprise, maintaining financial and tax reporting;

list of suppliers;

pricing tactics, methods and standards;

business communication etiquette;

knowledge of computer technologies.

Job responsibilities

The specialist is obliged to provide an assortment of goods that are in demand and eliminate shortages through monthly monitoring of goods on sale.

Determines the list of orders for the supplier, monitors the timing and quality of order fulfillment.

Determines the planned indicators according to which the turnover of goods occurs in the specialist’s subgroup.

Examines the profitability of new products and suppliers' selling propositions.

Performs scheduled reporting and submits it to the company's sales departments.

When sales decline, it identifies a specific product and takes measures to reduce the inventory balance.

Identifies types of goods that need to be supplemented or removed from sales if there is a trend of low prospects for sale.

Increases turnover indicators when compiling a list of purchased goods.

As of the reporting date, it calculates the balance in the enterprise's warehouses and increases the level of necessary goods in the warehouse.

Make proposals to the management of the enterprise to improve sales activities and improve the workplace of the sales department.

Represent the interests of the organization in other institutions within the scope of competence.

Require reporting within product divisions for full job responsibilities.

Distribute your workday to improve efficiency.

Maintain records and disposal of commodity resources within the framework determined by the position.

Responsibility

In case of damage to the property or materials of the enterprise, or their shortage, liability is imposed within the framework of labor laws.

In case of an offense in the conduct of business activities.

In case of failure to fulfill official duties as defined by the Labor Code.

In case of non-compliance with trade secrets and misuse of company funds.

Liability is provided for in criminal, civil and labor regulations.

Labor functions

Research information about market trends.

Read and carefully study the Procurement Regulations.

Decide on the types and classification requirements of goods.

Determine and remember the list of suppliers.

Identify the highest quality and lowest cost pricing methods and standards.

Working conditions

1. The specialist mode is designated by the internal regulations of the organization.
2. If an industrial need arises, a specialist may be sent on a business trip.

To work as a sales specialist, you must have education, work experience and logical thinking. When applying for a job, it is necessary to take into account all available production factors and documentation nuances. Before signing the agreement and instructions the structure should be carefully studied so that labor disputes do not arise later.

This video describes the possible areas of responsibility of purchasing managers.

Procurement Specialist

Sample job description for a purchasing specialist

A sample job description is compiled taking into account the professional standard Procurement Specialist

1. General Provisions

1.1. A person who has secondary vocational education, additional vocational education under an advanced training program and a professional retraining program in the field of procurement is accepted for the position of procurement specialist.

1.2. The purchasing specialist must know:

1) requirements of the legislation of the Russian Federation and regulations governing activities in the field of procurement;

2) the basics of civil, budget, land, labor and administrative legislation as they apply to procurement;

3) basics of antimonopoly legislation;

4) the basics of accounting as applied to procurement;

5) features of pricing in the market (by area);

6) methods for determining and justifying the initial maximum contract prices;

7) features of drawing up procurement documentation;

8) fundamentals of computer science as applied to procurement;

9) ethics of business communication and rules of negotiation;

10) labor discipline;

11) Internal labor regulations;

12) labor protection requirements and fire safety rules;

13) ……… (other documents, materials, etc.)

1.3. A purchasing specialist must be able to:

1) use computer and other auxiliary equipment, communications and communications equipment;

2) create and maintain an information database;

3) produce documents, form, archive, send documents and information;

4) summarize the information received, prices for goods, works, services, process it statistically and formulate analytical conclusions;

5) justify the initial (maximum) purchase price;

6) describe the object of purchase;

7) develop procurement documentation;

8) analyze received applications;

9) evaluate the results and summarize the procurement procedure;

10) formulate and coordinate minutes of meetings of procurement commissions based on decisions made by members of the procurement commission;

11) work in a unified information system;

12) check the necessary documentation for concluding contracts;

13) carry out the procedure for signing a contract with suppliers (contractors, performers);

14) interact with procurement commissions and technically support the activities of procurement commissions;

15) draw up and draw up a report containing information on the execution of the contract, on compliance with intermediate and final deadlines for the execution of the contract, on improper execution of the contract (indicating the violations committed) or on non-fulfillment of the contract and on sanctions that were applied in connection with violation of the terms of the contract or its non-performance, amendment or termination of the contract during its execution, amendment of the contract or termination of the contract;

16) organize payment/refund of funds;

17) organize the payment of amounts of money under a bank guarantee in prescribed cases;

18) ……… (other skills and abilities)

1.4. The purchasing specialist is guided in his activities by:

1) Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, Federal Law of 07/18/2011 N 223-FZ “On the procurement of goods, works, services certain types of legal entities”, Federal Law of December 2, 1994 N 53-FZ “On the purchase and supply of agricultural products, raw materials and food for state needs”;

2) ……… (name of the constituent document)

3) Regulations on ……… (name of structural unit)

4) this job description;

5) ……… (names of local regulations governing

labor functions by position)

1.5. The procurement specialist reports directly to ……… (name of manager’s position)

1.6. ……… (other general provisions)

2. Labor functions

2.1. Ensuring procurement for state, municipal and corporate needs:

1) preliminary collection of data on needs, prices for goods, works, services;

2) preparation of procurement documentation;

3) processing of procurement results and conclusion of a contract.

2.2. ……… (other functions)

3. Job responsibilities

3.1. The Purchasing Specialist performs the following responsibilities:

3.1.1. Within the framework of the labor function specified in subclause 1 of clause 2.1 of this job description:

1) processes and analyzes information on prices for goods, works, services;

2) prepares and sends invitations to identify suppliers (contractors, performers) in various ways;

3) processes, forms and stores data, information, documents, including those received from suppliers (contractors, performers).

3.1.2. Within the framework of the labor function specified in subclause 2 of clause 2.1 of this job description:

— initial (maximum) purchase price;

— description of the procurement object;

— requirements for the procurement participant;

— the procedure for evaluating participants;

2) draws up procurement documentation;

3) prepares and publicly posts notices of procurement, procurement documentation, draft contracts;

4) checks the necessary documentation for the procurement procedure;

5) provides organizational and technical support for the activities of procurement commissions;

6) monitors suppliers (contractors, performers) and customers in the field of procurement.

3.1.3. Within the framework of the labor function specified in subclause 3 of clause 2.1 of this job description:

1) collects and analyzes received applications;

2) provides organizational and technical support for the activities of procurement commissions;

3) processes applications, checks bank guarantees, evaluates results and sums up the procurement procedure;

4) prepares minutes of meetings of procurement commissions based on decisions made by members of the procurement commission;

5) carries out public posting of the results obtained;

7) checks the necessary documentation for concluding contracts;

8) carries out procedures for signing a contract with suppliers (contractors, performers);

9) carries out public posting of reports, information on non-fulfillment of a contract, sanctions, changes or termination of a contract, with the exception of information constituting a state secret;

10) prepares a document on acceptance of the results of a separate stage of contract execution;

— payment for goods delivered, work performed (its results), services provided, as well as individual stages of contract execution;

— payment of sums of money under a bank guarantee in prescribed cases;

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

3.1.4. As part of the performance of his job functions, he carries out instructions from his immediate supervisor.

3.1.5. ……… (other duties)

3.2. When performing his duties, a procurement specialist must comply with the following ethical standards:

1) maintain confidentiality of information;

2) comply with the ethics of business communication;

3) take an active position in the fight against professional dishonesty;

4) not to disclose materials of working research;

5) not create conflict situations in the workplace;

6) do not commit actions that discredit the profession and reputation of colleagues;

7) prevent slander and dissemination of information discrediting other organizations and colleagues.

3.3. ……… (other provisions on job responsibilities)

The purchasing specialist has the right:

4.1. Participate in discussions of draft decisions of the organization’s management, in meetings on their preparation and implementation.

4.2. Request clarifications and clarifications from your immediate supervisor regarding these instructions and assigned tasks.

4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information and documents necessary to carry out the assignment.

4.4. Familiarize yourself with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.

4.5. Submit proposals for the organization of work within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in discussions of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The purchasing specialist is held accountable for:

- for improper performance or failure to fulfill their official duties provided for by this job description - in the manner established by the current labor legislation of the Russian Federation, legislation in the field of procurement;

- for offenses and crimes committed in the course of their work activities - in the manner established by the current administrative and criminal legislation of the Russian Federation;

- for causing damage to the organization - in the manner established by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description has been developed on the basis of the Professional Standard “Procurement Specialist”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ……… (details of local regulations of the organization)

6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).

The fact that the employee has familiarized himself with this job description is confirmed by ……… (by signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; in another way)

6.3. ……… (other final provisions).

Legal Aid Center

Job description of the legal adviser of the procurement department under 44 Federal Laws

Resume of tender specialist-lawyer in the field of procurement No. 223, No. 44-FZ Pravoved.RU 348 lawyers are now on the site

3. Business law
4. Tenders, contract system in the field of procurement

Good afternoon I am looking for the job responsibilities of a contract service lawyer (federal law -44). Can you help? Thank you. Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

5. Should the contract service, according to 44 Federal Laws, deal with the posting of contracts in 1C?
6. Contract service under 44 Federal Laws

Lawyers' answers (4)

7. All legal services in Moscow Filing a complaint to the FAS and refuting the unreasonable rejection of an application Moscow from 4,000 rubles.

Within the framework of the labor function specified in subclause 2 of clause 2.1 of this job description: 1) forms: - the initial (maximum) purchase price; - description of the procurement object; - requirements for the procurement participant; - procedure for evaluating participants; - draft contract; 2) draws up procurement documentation; 3) prepares and publicly posts notices of procurement, procurement documentation, draft contracts; 4) checks the necessary documentation for the procurement procedure; 5) provides organizational and technical support for the activities of procurement commissions; 6) monitors suppliers (contractors, performers) and customers in the field of procurement. 3.1.3.

How is the job description of a legal consultant drawn up?

In the HR department, this is the approval of personnel documentation, preparation of LNA projects, in the sales department - preparation of tender documentation (applications), checking the actions of tender organizers for compliance with the Law “On the Contract System...” dated 04/05/2013 No. 44-FZ, appealing if necessary, in the procurement department - development of LNA on procurement, etc., verification of the integrity of counterparties. An analysis of the legal responsibilities of a legal adviser is of particular importance for determining his status as an official under the Code of Administrative Offenses of the Russian Federation.
Is a legal consultant an official of an organization under the Code of Administrative Offenses of the Russian Federation? Based on Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, persons who carry out:

8. organizational and administrative functions (management);
9. or administrative and economic (property management).

Instructions for a contract service lawyer (FZ-44)

Before drawing up instructions, study the regulations. When resolving issues related to government procurement and concluding government contracts, you need to be guided by the following documents: - Labor Code of the Russian Federation; - GOST R 6.30-2003 (contains the basic requirements for the content and design of the job description); - Budget Code of the Russian Federation (in terms of spending budget allocations for the purchase of goods, works or services for state (municipal) needs, as well as fulfillment of the conditions of state (municipal) procurement and maintaining a procurement register); - Code of the Russian Federation on Administrative Offenses (establishes a system of penalties imposed on a specialist who violates procurement management standards); - Federal Law of July 21, 2005. This person acquires the corresponding rights and is responsible for the proper performance of the duties assigned to him.

We are drawing up a job description for a public procurement specialist

This person acquires the corresponding rights and bears responsibility for improper performance of the duties assigned to him 6. JOB RESPONSIBILITIES OF A LEGAL CONSULTANT 1. Assess the economic feasibility of participating in the auction, based on the results, prepare information and materials for making a decision on participation in the auction 2. Request the necessary documentation from organizations for the possibility of further participation of these organizations in the auction, as well as study it 3. Request the necessary competitive (auction) documentation from customers, study their requirements.

Contract manager under 44-FZ: functions, duties, responsibilities, professional standards + sample job description

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



1. Who is a contract manager?

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

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

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

You can purchase the contract manager's book here.

2. Contract service or contract manager?

Customers whose total annual purchase volume >100 million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory). If the total annual volume of purchases of the Customer

Important point! According to Part 3 of Article 38 of 44-FZ, the contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement. Article 38 44-FZ does not provide responsibilities of the Customer to develop and approve regulations for the contract manager.

4. Contract manager job requirements



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

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager can be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (i.e. . training according to 94-FZ).

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

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

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

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

Option #3- Agree with the full-time employee on the possibility of combining positions according to the rules of Article 60.2 of the Labor Code of the Russian Federation (in this case, in accordance with Article 151 of the Labor Code of the Russian Federation, the employee is paid additionally, and appropriate changes are made to his job description).

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

10. introduction of a new position into the organization’s staffing table;
11. development of job description for CU ( Note: As a rule, a job description consists of several sections - general provisions, job responsibilities, rights and responsibilities);
12. issuance of an order appointing an official responsible for procurement (i.e. contract manager).

Job description of a contract manager (download sample) (doc, 41 Kb).

Order on the appointment of a contract manager (download sample) (doc, 32 Kb).

6. Responsibility of the contract manager under 44-FZ: fines



According to Part 5 of Article 38 of 44-FZ, the contract manager bears responsibility within the limits of the powers he exercises. The job description of the CU must necessarily specify job responsibilities and responsibility for their failure to fulfill them.

The contract manager is responsible under labor legislation (Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of job duties provided for in the job description and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of its activities. Contract managers who have committed administrative offenses under Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

You can learn more about the liability of officials and legal entities for violation of 44-FZ, as well as the amount of fines for these violations here.

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

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

7. Contract manager: training and professional standards



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

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

As I said earlier, until January 1, 2017, the contract manager may be a person who has 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 (Part 23 of Article 112 of 44-FZ).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” establishes that the minimum acceptable period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs is less than 250 hours .

Professional training of contract managers is carried out in a specialized educational institution (higher and secondary specialized). Training can take place both full-time and part-time. Advanced training courses can be taken there. As a rule, such programs include both theoretical and practical classes.

Currently, distance learning courses are becoming increasingly popular. In modern conditions, when an employee does not have the opportunity to take time away from work, distance learning courses are the most optimal solution. A person will need to have free time, a computer and Internet access.

Since July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for employers to apply professional standards have been in effect. Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n approved the professional standard “Procurement Specialist”. And by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n, the professional standard was approved “Procurement Expert”.

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

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

13. Procurement Specialist;
14. Leading Specialist;
15. Contract service employee;
16. Procurement Consultant;
17. Deputy Head of Division;
18. Head of department;
19. Head of contract service;
20. Advisor;
21. Supervisor.

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

22. Senior Procurement Specialist;
23. Procurement expert;
24. Deputy head/director (of department, department, organization);
25. Head/director (of department, department, organization);
26. Contract Manager;
27. Head of contract service.

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

1. www.hh.ru (HeadHunter);
2. www.avito.ru (Avito).

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

Sometimes such announcements are posted on specialized forums on government procurement or in thematic groups and communities on social networks.

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

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

Monitors the timeliness of submission of certificates, calculations, explanations and other materials for preparing responses to claims. 3.9. Prepares, together with other departments, proposals to change existing or cancel expired orders and other regulations issued at the technical school. 3.10. Conducts work on systematic recording and storage of current legislative regulations, makes notes on their repeal, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools. 3.11. Prepares opinions on legal issues arising in the activities of the technical school, draft regulations submitted for review, and also develops proposals for improving the activities of the technical school. 3.12.

Job Description for Purchasing Manager

This job description has been developed on the basis of the Professional Standard “Procurement Specialist”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 10, 2015 N 625n, taking into account ……… (details of local regulations of the organization) 6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract). The fact that the employee has familiarized himself with this job description is confirmed by ……… (by signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; in another way) 6.3.

Job description

Federal Law of the Russian Federation dated April 5, 2013 N44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”; - regulatory legal documents, methodological and regulatory materials on the legal activities of the technical school; - legislative acts regulating the production, economic and financial activities of the technical school; - the procedure for maintaining records and drawing up reports on the economic and financial activities of the organization; - the procedure for concluding and processing business contracts, collective agreements, tariff agreements; - the procedure for systematizing, recording and maintaining legal documentation using modern information technologies; - basics of economics, labor organization and management; - means of computer technology, communications and communications; - internal labor regulations; - labor protection rules and regulations.

Jobs for a purchasing specialist

Contract manager: training and professional standards In accordance with Part 1 of Article 9 of 44-FZ, the contract system in the field of procurement provides for the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement . Customers and specialized organizations must take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (Part 2 of Article 9 44 -FZ).

Job description of a contract manager according to Federal Law 44

3. www.superjob.ru (SuperJob);
4. www.rabota.ru (Rabota);
5. www.job.ru (Job);

The procurement specialist is held accountable: - for improper performance or failure to fulfill his job duties as provided for in this job description, - in the manner established by the current labor legislation of the Russian Federation, legislation in the field of procurement; - for offenses and crimes committed in the course of their work activities - in the manner established by the current administrative and criminal legislation of the Russian Federation; - for causing damage to the organization - in the manner established by the current labor legislation of the Russian Federation. 5.2. ……… (other liability provisions) 6. Final provisions 6.1.

Contract service under 44-FZ

It is unlikely that you will find two organizations where purchasing managers carry out the same set of activities and work. In large companies engaged in trade, the functionality of a purchasing manager is often divided into a number of other positions - brand managers, line managers. In small companies or enterprises where procurement is not the main area, these positions can be combined into one.

6. participation in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and preparation of materials for carrying out claim work;
7. organizing, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;
8. other powers provided for by 44-FZ.

A detailed list of functions and powers of the contract service (contract manager) is contained in Section II of the standard regulations (regulations), approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631.

Job description for a lawyer in the procurement department for 44 ap sample

So, for example, one contract manager may be involved in the purchase of construction and repair work, a second in the purchase of food products, a third in the purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889. You can purchase the contract manager's book here.
2. Contract service or contract manager? Customers whose total annual purchase volume is 100 million rubles create contract services (in this case, the creation of a special structural unit is not mandatory).

Job description for a lawyer in the procurement department under Federal Law 44, sample

It must be used when drawing up a job description for an employee whose activities are related to the implementation, control and management of procurement to meet state, municipal and corporate needs. Thus, when the activities of an enterprise are related to legally regulated procurement, a corresponding job description for a purchasing manager must be drawn up: a sample of it can be found in all reference and legal systems. The description of labor duties here cannot contradict the mandatory actions specified in Law No. 44-FZ and No. 223-FZ.

For improper performance or failure to fulfill one’s job duties as provided for in this job description - within the limits determined by the current labor legislation of the Russian Federation. 5.2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation. 5.3. For causing material damage - within the limits determined by the current labor and civil legislation of the Russian Federation. 5.4.

What should the job description of a procurement specialist contain: sample documents

Recently, the vacancy of a procurement specialist has begun to appear more and more on job search sites. However, not every applicant correctly understands what the work in this position is like and what the procurement employee is required to know.

Today we will talk about what provisions are contained in the job description of a procurement specialist and how to draw it up correctly.

How to compose: general provisions

The position of a procurement specialist is also called a supply manager and is relatively “young” on the labor market. The essence of this specialist’s work is to provide the enterprise with the necessary goods or raw materials.

The text of the standard job description begins with the “General Provisions” section and includes the basic requirements for an employee in the position of supplier:

level of education and age;

experience;

Practical skills;

knowledge of legislation (labor and related to its activities), as well as internal acts of the enterprise.

In addition, the general provisions of the instructions contain the main personnel aspects: how a specialist is appointed to a position and dismissed from it, to whom he directly reports, what place he occupies in the structure of the organization’s staffing table, who will replace him during his absence, etc.

Job responsibilities: what a procurement specialist is entitled to and his responsibilities

The “Responsibilities” section of the job description defines:

a list of tasks that a specialist must solve when collaborating with suppliers, clients and partners;

on what issues should he interact with other employees of the enterprise;

what powers relate exclusively to the functions of a procurement specialist, and only he can perform them;

rules by which an employee must report on work performed;

range of responsibilities of the employee when carrying out orders from managers.

The practical responsibilities of this specialist are extensive, since there are several job functions assigned to him. The main one is the preliminary collection of information about needs, prices for goods, works and services. This includes responsibilities such as:

processing and analysis of data on prices for goods, works, services;

preparing and sending invitations to counterparties in order to identify a supplier, contractor or performer;

identifying suppliers (contractors, performers) in various ways;

processing and storage of information and documents received from counterparties.

Equally important is the preparation of procurement documentation for participation in tenders. To carry out this function, the procurement specialist is responsible for:

preparation of procurement requirements;

preparation of procurement documentation;

placement of purchases in a unified information system;

conducting auctions.

Separately, it is worth highlighting the analysis of the procurement results and the signing of the contract. At this stage the employee must:

determine the winner of the procurement;

conclude a contract with him (resolving all controversial issues);

draw up acceptance documents;

control the process of supplying goods or performing work or providing services.

The rights of a procurement specialist are not specific. The instructions must contain the inalienable rights of an employee engaged in management:

• discuss draft decisions of the company management and participate in meetings on this matter;
• clarify with your immediate supervisor the essence of these instructions;
• fulfilling the instructions of the manager, request from colleagues the information and documents necessary for work;
• get acquainted with draft management decisions directly related to the function he performs and propose to management to improve the organization of their work;
• has the right to make any proposals for consideration by the manager regarding his activities.

A separate section should indicate the specialist’s responsibilities. Typically, the employee is responsible for:

• implementation of the purchasing plan for each month and its provision;
• compliance with internal regulations and compliance with discipline standards;
• carrying out transactions within their competence, signing contracts;
• compliance with fire safety requirements and safety regulations;
• fulfillment of all instructions of management and instructions, instructions, orders, and other acts issued by it.

For failure to comply with these provisions, the employee must be subject to legal sanctions:

• administrative responsibility for the disclosure of corporate secrets, which the enterprise refers to as such in special documents (is the property of the organization);
• financial liability under civil law for damage to the property of an enterprise or its business reputation;
• disciplinary liability for neglect of one’s official duties as enshrined in the job description and current legislative acts of the Russian Federation.

Sample job descriptions

I APPROVED
CEO
PJSC "Company"
____________ P.P. The smartest

"___"___________ G.

Job description
purchasing economist

1. General Provisions

1.1 This job description establishes the job responsibilities, rights, service relationships and responsibilities of the procurement economist of OJSC “Company” (hereinafter referred to as the organization).

1.2. in procurement belongs to the category of specialists, is hired and dismissed by order of the General Director.

1.3. A person with a higher professional (economic) education, without presenting requirements for work experience, or with a secondary vocational (economic) education and work experience as an economist for at least 3 years is appointed to the position of procurement economist.

1.4. The procurement economist reports directly to the head of the material and technical department and carries out his activities in accordance with the organization’s Charter, internal labor regulations and other local acts.

1.5. In his activities, the purchasing economist is guided by:

regulatory documents on the work performed;
methodological materials relating to relevant issues;
charter of the organization;
labor regulations;
orders and instructions of the general director of the organization;
this job description.

1.6. A purchasing economist should know:

legislative and regulatory legal acts, methodological materials on planning, accounting and analysis of the activities of the institution; organization of planned work;
the procedure for developing long-term and annual plans for the economic, financial and production activities of the organization;
procedure and deadlines for reporting;
labor legislation;
labor protection rules and regulations;
rules for drawing up contracts;
organization of document flow in the organization;

2 Functions

The purchasing economist is responsible for the following functions:

2.1. Carrying out work to carry out the economic activities of the organization.

2.2. Carrying out work for the organization to purchase goods, works, services in accordance with the Federal Law “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ dated July 18, 2018.

2.3. Preparation of reports.

3 JOB RESPONSIBILITIES

To perform the functions assigned to him, the purchasing economist is obliged to:

3.1 Check incoming contracts for compliance with the standards governing the organization’s procurement activities.

3.2 Monitor regulations governing the procurement of goods, works, services that are subject to the Federal Law “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ of July 18, 2018.

3.3 Prepare draft amendments to the Procurement Regulations in accordance with the procurement requirements established by the Civil Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation and promptly post changes to the Procurement Regulations on the official website www.zakupki.gov.ru no later than within 15 days from the date of approval of such changes.

3.4 Participate in the preparation and formation of a procurement plan for the year and post the procurement plan on the official website.

3.5 Make changes to the organization’s procurement plan and timely post information about these changes on the official website www.zakupki.gov.ru.

3.6 Participate in meetings of the procurement commission.

3.7 Prepare: procurement notices; procurement documentation for posting on the official website and electronic trading platform; protocols drawn up during the procurement.

3.8 Timely post information about the procurement (including the procurement notice, procurement documentation, draft contract, changes made to such notice and such documentation, explanations of such documentation, protocols drawn up during the procurement) on the official website in accordance with Part. 5 tbsp. 4, Article 5 of the Federal Law “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ dated July 18, 2018.

3.9 If necessary, purchase goods, works and services on specialized electronic platforms.

3.10 Conduct procurement in electronic form in accordance with the List of goods, works, services established by the Government of the Russian Federation (Resolution No. 616 dated June 21, 2018).

3.11 Check information about procurement participants in the register of unscrupulous suppliers on the official website.

3.12 Enter information about the procurement participant who evaded concluding a contract, about the supplier (performer, contractor) with whom the contract was terminated due to a significant violation of the contract, into the register of unscrupulous suppliers.

3.13 Prepare in a timely manner and post on the official website no later than the 10th day of the month in accordance with Article 19 of the Federal Law “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ dated July 18, 2018: information on the quantity and the total cost of contracts concluded by the customer based on the results of the purchase of goods, works, services; information on the number and total cost of contracts concluded by the customer as a result of procurement from a single supplier (performer, contractor); information on the quantity and total cost of contracts concluded by the customer based on the results of the procurement, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation were made in accordance with Part 16 of Art. 4 of the Federal Law “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ dated July 18, 2018

3.14 Timely provide procurement information for posting on the organization’s official website in the event of technical or other problems that block access to the official website for more than one business day.

3.15 Timely compile and submit to the Territorial body of the Federal State Statistics Service a statistical report “Information on procurement activities” in form No. 1-purchases (semi-annual) no later than the 25th day after the reporting period.

4 RIGHTS

The purchasing economist has the right:

4.1. Get acquainted with draft decisions of the organization’s management relating to its activities.

4.2. Submit proposals for improvement of work related to the responsibilities provided for in these instructions for consideration by management.

4.3. Receive from heads of structural divisions, specialists information and documents necessary to perform their job duties.

4.4. Involve specialists from all structural divisions of the organization to resolve the responsibilities assigned to him.

4.5. Require the management of the organization to provide assistance in the performance of their official duties and rights.

5 RESPONSIBILITY

The purchasing economist is responsible for:

5.1. For failure to perform (improper performance) of one’s job duties as provided for in this job description, within the limits determined by the current labor legislation of the Russian Federation.

5.2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.

5.3. For causing material damage - within the limits determined by the current labor, criminal and civil legislation of the Russian Federation.

Head of the logistics department I.I. Ivanov

AGREED

Legal adviser S.S. Sidorov

HR Department P.P. Petrov

With job description
Acquainted ___________________