APPROVE
CEO
PJSC "Company"
____________ P.P. smartest
"___"___________ G.
Job description
purchasing economist
1. General Provisions
1.1 This job description establishes the job duties, rights, service relationships and responsibilities of the procurement economist of JSC "Company" (hereinafter referred to as the organization).
1.2. in procurement belongs to the category of specialists, is hired and dismissed by order CEO.
1.3. A person who has a higher professional (economic) education, without presenting requirements for work experience, or who has a secondary professional (economic) education and at least 3 years of experience as an economist, is appointed to the position of a procurement economist.
1.4. The Procurement Economist reports directly to the Head of the Logistics Department and carries out his activities in accordance with the Charter of the organization, the rules of the internal work schedule and other local regulations.
1.5. In his work, the procurement economist is guided by:
normative documents on the work performed;
methodological materials related to relevant issues;
the charter of the organization;
labor regulations;
orders and instructions of the general director of the organization;
this job description.
1.6. The Purchasing Economist should know:
legislative and regulatory legal acts, teaching materials on planning, accounting and analysis of the activities of the institution; organization of planned work;
procedure for developing prospective and annual plans economic and financial and production activities organizations;
the procedure and terms for reporting;
labor legislation;
rules and norms of labor protection;
rules for drawing up contracts;
organization of document circulation in the organization;
2 Functions
The purchasing manager is responsible for the following:
2.1. Doing work on implementation economic activity organizations.
2.2. Performance of work on the organization's procurement of goods, works, services in accordance with the Federal Law "On the Procurement of Goods, Works, Services certain types legal entities» No. 223-FZ dated July 18, 2018
2.3. Reporting preparation.
3 JOB RESPONSIBILITIES
To perform the functions assigned to him, the procurement economist must:
3.1 Review incoming contracts for compliance with the organization's procurement regulations.
3.2 Monitor the regulations governing the procurement of goods, works, services, which are subject to federal law"On the procurement of goods, works, services by certain types of legal entities" No. 223-FZ of 07/18/2018.
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 post amendments to the Procurement Regulations on the official website www.zakupki.gov.ru in a timely manner 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 post information about these changes on the official website www.zakupki.gov.ru in a timely manner.
3.6 Participate in meetings of the procurement committee.
3.7 Prepare: purchase notices; procurement documentation for posting on the official website and electronic trading platform; protocols drawn up during the procurement.
3.8 Post procurement information in a timely manner (including a procurement notice, procurement documentation, a draft contract, changes to such a notice and such documentation, clarifications of such documentation, protocols drawn up during the procurement) on the official website in accordance with Part 1 of Art. 5 st. 4, article 5 of the Federal Law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” No. 223-FZ of July 18, 2018.
3.9 To carry out, if necessary, the purchase of goods, works and services on specialized electronic platforms.
3.10 Carry out purchases 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 the conclusion of the contract, about the supplier (executor, contractor) with whom the contract was terminated due to a material breach of the contract, in the register of unscrupulous suppliers.
3.13 Timely prepare 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 and Services by Certain Types of Legal Entities” No. 223-FZ dated July 18, 2018: information on the number and the total cost of contracts concluded by the customer as a result of the purchase of goods, works, services; information on the number and total cost of contracts concluded by the customer as a result of the purchase from sole supplier(performer, contractor); information on the number and total cost of contracts concluded by the customer as a result of the procurement, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation have been 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 of July 18, 2018
3.14 Timely provide information on the purchase for posting on the official website of the organization in case of technical and other problems that block access to the official website for more than one working day.
3.15 Compile and submit in a timely manner Territorial body Federal Service state statistics statistical report "Information on procurement activities" in the form No. 1-procurement (semi-annual) no later than the 25th day after the reporting period.
4 RIGHTS
The Procurement Economist has the right to:
4.1. Get acquainted with the draft decisions of the organization's management regarding its activities.
4.2. Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.
4.3. Receive from the heads of structural divisions, specialists information and documents necessary for the performance of their duties.
4.4. Involve specialists from all structural divisions of the organization to solve the duties assigned to him.
4.5. Require the management of the organization to assist in the performance of their duties and rights.
5 RESPONSIBILITY
The Purchasing Specialist is responsible for:
5.1. For non-performance (improper performance) of their official duties provided for by this job description, within the limits determined by the current labor law 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 Counsel S.S. Sidorov
Personnel Department P.P. Petrov
With job description
Acquainted with ___________________
Purchases of state and municipal customers must be carried out by professionals - these are the requirements of Law 44-FZ. The organization must have a contract service or one specialist is hired - contract manager. The duties of the manager are prescribed in a separate document - the job description.
How to form a service
If the purchase volume of the customer does not exceed 100 million rubles, you can get by with a contract manager. Otherwise, it is necessary to form a full-fledged contract service. It is necessary to develop a regulation on contract service, a sample of which is contained in the order of the Ministry of Economic Development of October 29, 2013 No. 631.
The customer can hire a manager in different ways:
Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
- Take on the job from the side and conclude an employment contract with him.
- Transfer an employee to this position from among those who already work for the customer and meet the criteria. He must first undergo professional training.
- Hire an existing employee on a part-time basis(half-time).
Regardless of the choice of option, the customer's manager must issue order appointing a contract manager and approve it job description. In addition, you have to change staffing- add the corresponding position there.
Manager functions
What should a contract manager do? The list of its functions is given in the law. These include the following:
- Formation, modification and publication.
- Preparation of notices and procurement documentation, as well as invitations to closed procedures.
- Participation in the procedure, including the conclusion of the contract.
- Consulting suppliers and contractors.
- Participation in disputes related to the purchase, determination of the supplier.
Requirements for employees who are responsible for public procurement are contained in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. The specialist must have knowledge and experience in the field of procurement. He must know not only the law 44-FZ, but also be familiar with civil, budgetary and other codes and laws. The specialist must be able to draw up documents and evaluate applications, know the intricacies of procurement planning and work with electronic platforms.
What to include in a job description
Job description contract manager is an internal document of the customer, which defines the requirements for him, his duties and rights. It shows what exactly is included in the area of responsibility of the manager and what powers are given to him.
The instruction consists of several sections - their contents are presented in the following table. And at the end of the article is a sample job description for a contract manager.
Table. Sections of the job description of a contract manager
| Chapter | Content |
| General provisions | The procedure for appointment and dismissal, general information about the position and requirements for the employee who is hired for it |
| Functions | General specialist functions |
| Responsibilities | Actions to be taken by the manager |
| Rights | Scope of rights of a specialist |
| Responsibility | Measures to be taken in case of violations |
| Final provisions | Links to professional standards, the procedure for making changes to the job description |
Job Description Sample Page 1
Job Description Sample Page 2
1. The job description of a procurement specialist is
Purchasing Specialists are very popular in our time, they are perfect for companies that are engaged in the acquisition of goods or services based on the requirements of 223 FZ. The procurement specialist is responsible for the process of carrying out procedures and monitors compliance with all legal rules. There is a job description for this position. Therefore, when carrying out work, customers must delve into all the requirements for filling out the document and for general rules its design.
Job description is a document that specifies all the requirements for the employee, it prescribes all his duties and powers that the employee will have to perform in the process of work.
The main function of the job description is to determine the boundaries of responsibility that the procurement specialist will bear in the course of work.
With the help of the job description and non-compliance with any of its requirements, in this case, the employer has the right to apply disciplinary action to the worker.
A job description is also required to understand the employee of all his duties that he must perform and for a more accurate understanding of his rights.
A correctly drafted job description must comply with all the requirements of 223 FZ, on the basis of the Tax Code and the Labor Code of Russia.
- Purchasing Specialist Requirements
These specialists do not need to undergo regular advanced training, this was canceled at the legislative level.
Basically, the position of a procurement specialist will be appointed by one who has practical experience in this field of activity.
IN without fail these specialists must be well versed in the requirements of the law, the specialist must have analytical skills, know the procedure for working in the EIS and with the ETP, and also be able to make decisions quickly in difficult situations.
- Design rules
Based on the requirements of the regulations and in the conduct of business reputation job description is being drawn up. The details of the organization and the head are prescribed in the very header of the job description.
After the document is fully drawn up, then in this case it must be signed by the head and after being familiarized with it, it is signed by the employee. The employer has to make amendments and changes to the job description, but only on condition that this is written in the initial version of the documents.
When making any changes, the employee will have to familiarize themselves with them. As soon as he is familiar with them, then after that the employee puts a signature on the document.
- The content of the job description
The law does not provide rules for the specific formation of job descriptions. The employer can personally choose the form in which the job description will be drawn up.
It is generally accepted that this document includes the following components:
General provisions. This section contains data on the specifics of the work, the procedure for appointing an employee to the position is prescribed. The possibility of replacing an employee for the period of his stay on vacation or on sick leave is prescribed.
employee functions. This section details all the duties that are assigned to the specialist. The employee will have to be responsible for purchasing the goods and services that the organization will need. There is a fulfillment of all the conditions of the legislation, and there is a control over the reporting.
Job Responsibilities . The specialist is obliged to answer and control the procedure for conducting all procurement procedures, he is responsible for maintaining and storing documents, organizes the work of the ETP, and much more.
Employee rights. The procurement specialist has the right to know about the decisions of the head of the organization and receive all the necessary information, the employee also has the right to receive all relevant information, he can make suggestions and interact with existing structural divisions of the organization.
Responsibility. The employee will be liable for failure to fulfill their obligations.
Evaluation of labor efficiency. This section provides all the indicators by which the effectiveness of the performance of the employee's duties will be assessed.
The specialist familiarizes himself with the job description before signing employment contract. In some cases, the job description is drawn up as an integral part of the employment contract.
25.04.2016
The concept of a professional standard and the regulatory framework
For the first time the concept of "professional standard" appeared in regulatory framework almost 4 years ago - in the so-called "May" decree of the President of the Russian Federation No. 597 1. This document discussed, among other things, the need to prepare and submit to the State Duma a draft federal law on amendments to the legislation of the Russian Federation regarding the development, approval and application of professional standards; approve the plan for their development; develop and approve at least 800 such standards. In December 2012, the definition of “professional standard” appeared in the Labor Code: it was understood as a characteristic of the qualification necessary for an employee to carry out a certain kind professional activity 2 .
In January 2013, the Government of the Russian Federation adopted the Rules for the Development, Approval and Application of Professional Standards 3 . After that, the Ministry of Labor of the Russian Federation began to develop and approve professional standards, as well as maintain their register on the specialized Internet site http://profstandart.rosmintrud.ru (as of mid-April 2016, more than 800 such standards had already been approved).
The development of standards involves scientific and educational organizations operating in a particular professional field, organs state power local government.
Finally, in May 2015, important changes were made to Labor Code RF 4, according to which, from July 1, 2016, professional standards will be mandatory for employers to apply if their application is mandatory in the Labor Code of the Russian Federation, other federal laws or other regulatory legal acts RF 5 . If there is no such requirement, then professional standards should be used by employers as a basis for determining the requirements for the qualifications of workers, taking into account the specifics of their labor functions, due to the technologies used and the adopted organization of production and labor5. In essence, this means that if, for example, the federal legislation on education states that persons entitled to engage in teaching activities must, among other things, meet qualification requirements established in professional standards 6, then the employer ( educational organization) must ensure that its teaching staff this requirement.
But if, say, in relation to such an employee as "leading television program”, qualification requirements are established only in the professional standard, and the regulatory legal acts do not contain requirements for the compliance of such an employee with this professional standard, then the employer has the right not to impose these requirements on the employee (for example, by level of education), if due to those or other "features of the organization of production and labor" is not possible.
In addition, from July 1, 2016, a norm will come into force, according to which the Government of the Russian Federation will have the right, taking into account the opinion of the Russian tripartite regulatory commission social and labor relations establish the features of the application of professional standards in terms of the requirements that are mandatory for the application of state off-budget funds Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as public corporations, state-owned companies and business companies, more than 50% of shares (stakes) in authorized capital which is located in state property or municipal property 7 . This means that in the near future there may be separate decisions of the Government of the Russian Federation obliging the organizations listed above to apply certain standards in their activities.
1 Decree of the President of the Russian Federation of 07.05.2012 No. 597 “On Measures for the Implementation of the State Social Policy”.
2 Federal Law No. 236-FZ of December 3, 2012 “On Amendments to the Labor Code of the Russian Federation and Article 1 of the Federal Law “On Technical Regulation”, Article 195.1 of the Labor Code of the Russian Federation.
3 Decree of the Government of the Russian Federation dated January 22, 2013 No. 23 “On the Rules for the Development, Approval and Application of Professional Standards”.
4 Federal Law No. 122-FZ of May 2, 2015 “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”.
5 Art. 195.3 of the Labor Code of the Russian Federation.
6 Ch. 1 Art. 46 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation".
7 Ch. 1 Art. 4 of the Federal Law of May 2, 2015 No. 122-FZ “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”.
Note that the application of the professional standard by the employer means their use "in the formation personnel policy and in personnel management, in organizing training and certification of employees, developing job descriptions, billing work, assigning tariff categories employees and the establishment of wage systems, taking into account the peculiarities of the organization of production, labor and management” 8 .
Professional standards have not bypassed the procurement sector. In the fall of 2015, two such standards were approved: “Procurement Specialist” and “Procurement Expert” 9 . The developers of both standards are the Russian Academy National economy And public service under the President of the Russian Federation, Interdisciplinary Academic Center social sciences Intercenter and the All-Russian Trade Union of Audit, Appraisal, Expert and Consulting Organizations.
So far, neither Law 44-FZ nor Law 223-FZ establishes a requirement for strict compliance of buyers with these professional standards (for comparison, see the situation in the legislation in education described above). Only 44-FZ states that employees contract service/contract manager must have higher education or additional professional education in the area of procurement 10 . There are no other references to occupational standards either in these laws or in subordinate regulatory legal acts, just as there is no provision on the mandatory application of these occupational standards in the orders of the Ministry of Labor of the Russian Federation that approve them 11 . But we cannot exclude the emergence of such a requirement in the future, both in relation to all customers working under a particular law, and in relation to certain categories organizations (see above). Therefore, customers should familiarize themselves with the content of these professional standards right now, and in this article, in fact, a corresponding review is made.
Professional standard "Specialist in the field of procurement"
The name of the type of professional activity covered by this standard is formulated as “activities for the implementation, control and management of procurement to meet state, municipal and corporate needs”. Thus, the standard applies to both purchases under 44-FZ and 223-FZ.
The standard includes 4 generalized labor functions and 9 labor functions corresponding to each of them:
| Generalized labor functions | Labor functions |
|---|---|
| 1. Preliminary collection of data on needs, prices for goods, works, services | |
| 2. Preparation of procurement documentation | |
| 3. Processing the results of the purchase and conclusion of the contract | |
| 4. Planning and justification of purchases | |
| 5. Implementation of procurement procedures | |
| 6. Verification of compliance with the terms of the contract | |
| 7. Checking the quality of the presented goods, works, services | |
| 4. Procurement control | 8. Monitoring in the field of procurement |
| 9. Audit and control in the field of procurement |
Note that not all labor functions can fully relate to the practice of applying both laws at once. For example, unlike 44-FZ, 223-FZ does not mention any justification for purchases, although, of course, such a procedure can, in principle, be provided for by the provision on the purchase of a particular customer. In addition, monitoring, audit and control in the field of procurement, both within the framework of 44-FZ and 223-FZ, do not generally belong to the powers of customers, but to the powers of state and municipal bodies. In this regard, we will consider with what possible positions the labor functions of the standard are correlated:
| Generalized labor functions | Possible job titles of employees |
|---|---|
| 1. Providing procurement for state, municipal and corporate needs |
|
| 2. Procurement for state, municipal and corporate needs |
|
| 3. Examination of the results of procurement, acceptance of the contract |
|
| 4. Procurement control |
|
As can be seen from the table above, various combinations are possible in practice.
For example, if a customer who purchases only under 223-FZ has one employee who deals with all issues related to procurement, then his position should be called “leading procurement specialist”, since it is this position that allows you to perform all the first three generalized labor functions that may relate to the activities of the customer.
If a group of employees is engaged in procurement from the customer, then each of these employees can perform their own generalized labor function in accordance with their position, for example, procurement - a specialist, procurement - a senior specialist or consultant, and examination of the results and acceptance of the results of the contract - leading specialist or head of department (his deputy).
As for the last generalized labor function for control in the field of procurement, then, as mentioned above, it is not applicable to customers under both 44-FZ and 223-FZ.
In accordance with the standard, certain requirements are imposed on an employee performing a particular generalized labor function:
| Generalized labor functions | Requirements |
|---|---|
| 1. Providing procurement for state, municipal and corporate needs | Secondary vocational education and additional vocational education - advanced training programs and professional retraining programs in the field of procurement |
| 2. Procurement for state, municipal and corporate needs | Higher education - bachelor's degree, additional professional education - advanced training programs / or professional retraining programs in the field of procurement, experience practical work- At least 3 years of experience in procurement. |
| 3. Examination of the results of procurement, acceptance of the contract | Higher education - specialty, magistracy; additional professional education - advanced training programs / or professional retraining programs in the field of procurement, practical work experience - at least 4 years in the field of procurement. |
| 4. Procurement control | Higher education - specialty, magistracy; additional professional education - advanced training programs / or professional retraining programs in the field of procurement, practical work experience - at least 5 years in the field of procurement, including at least 2 years in managerial positions. |
As the table below shows, if, for example, only one employee is engaged in procurement (including acceptance of the results of the contract), then he must meet fairly high requirements - have a higher education in a specialist or magistracy, undergo additional professional education in the field of procurement and have At least 4 years of experience in procurement. If there are several such employees and they perform different generalized labor functions, then the requirements for them may be different depending on the function performed. In any case, the highest demands are placed on the employee who is responsible for accepting the results of the contract.
Depending on the complexity of each generalized labor function, the standard assigns its own skill level 12: the lowest (5th) for the first function “Ensuring procurement for state, municipal and corporate needs”, and the highest (8th) for the last “ Procurement control. The second and third generalized labor functions are correlated with the 6th and 7th skill levels, respectively. In principle, skill levels correlate with the requirements - the higher the requirements, the higher the level.
In the standard under consideration, each labor function that is part of the generalized labor function (see Table 1), in turn, is described according to its constituent labor actions, necessary skills and knowledge.
Example 1
Consider the labor function "preliminary collection of data on needs, prices for goods, works, services."
To perform this function, the employee must perform the following labor actions:
1. Process and analyze information on prices for goods, works, services.
2. Prepare and send invitations to determine suppliers (contractors, performers) in various ways.
3. Process, form and store data, information, documents, including those received from suppliers (contractors, performers).
skills:
2. Create and maintain an information database.
3. Prepare documents, form, archive, send documents and information.
4. Summarize the information received, prices for goods, works, services, process it statistically and formulate analytical conclusions.
And finally, the employee must have the following knowledge:
2. Fundamentals of civil, budgetary, land, labor and administrative legislation in terms of application to procurement.
3. Fundamentals of antimonopoly law.
5. Peculiarities of pricing in the market (by directions).
6. Methods for determining and justifying the initial maximum contract prices.
7. Fundamentals of informatics in terms of application to procurement.
8. Ethics business communication and rules of negotiation.
9. Labor discipline and internal labor regulations.
10. Labor protection requirements.
In addition, when performing a labor function, an employee must follow a number of ethical standards(to observe the ethics of business communication, not to disclose the materials of working studies, etc.).
Note that, again, not all labor actions contained in the standard can simultaneously relate to procurement activities under both 223-FZ and 44-FZ. For example, the labor function “planning and justifying purchases” contains the labor action “development of a schedule and preparation of changes to be introduced into the schedule”. In the activities of a customer who conducts procurement activities only within the framework of 223-FZ, no schedules are provided, this customer draws up only procurement plans. However, if the customer can potentially fall under the 44-FZ (for example, receive a budget investment, the spending of which is provided for using this particular law, which provides for the use of schedules), then it is recommended that these labor actions be immediately included in the job descriptions of employees with the addition of the clause " in cases established by the legislation of the Russian Federation”.
Professional standard "Expert in the field of procurement" 13
This standard includes the following generalized labor functions and related labor functions:
| Generalized labor functions | Labor functions |
|---|---|
| Procurement consulting for state, municipal and corporate needs | Market monitoring of the subject of procurement for state, municipal and corporate needs |
| Procurement consulting | |
| Expertise in the field of procurement for state, municipal and corporate needs | Expertise of the procurement procedure |
| Examination of the execution and results of the execution of the contract | |
| Organization of work on expertise and consulting in the field of procurement for state, municipal and corporate needs | Management of an organization providing consulting and expertise in the field of procurement for state, municipal and corporate needs |
| Certification (assessment professional qualifications) and monitoring the professional development of employees in structural unit or in an organization | |
| Study of theoretical and practical problems of procurement activities |
TO practical activities customers here can only be attributed to the labor function "examination of the performance and results of the execution of the contract". Moreover, this function can be implemented only within the framework of 44-FZ, which obliges customers to conduct an examination to verify the results provided by the supplier, stipulated by the contract, in terms of their compliance with the terms of the contract, but allows the customer in certain cases to carry it out without involving external experts, but "with their own forces" 14 . A possible position occupied by an employee of the customer who performs this function is a contract manager. Quite high requirements are imposed on him - the presence of higher education (specialist, master's degree), the presence of additional professional education (training programs / or professional retraining programs in the field of procurement), the presence of practical work experience in the field of procurement for at least 4 years.
Example 2
To perform the functions of a contract manager, an employee must perform the following labor activities:
1. Implementation of the examination of the performance of the contract.
2. Examination of the compliance of the results stipulated by the contract with the terms of the contract.
3. Carrying out verification of the conformity of facts and data during the examination of the results stipulated by the contract with the terms of the contract.
4. Implementation of verification of the conformity of the quality of goods, services, works during the examination of the results stipulated by the contract, the terms of the contract.
5. Drawing up and execution of the document in the form of a conclusion based on the results of the examination.
To perform these labor activities, the employee must have the following skills:
1. Use computing and other auxiliary equipment, means of communication and communications.
2. To identify violations of the contract during the examination.
3. To identify violations of the results stipulated by the contract during the examination.
4. To identify violations of the quality of goods, services, works during the inspection.
5. Draw up and draw up a document in the form of a conclusion based on the results of the examination.
And, finally, to perform this labor function, the employee must have a fairly wide range of the following: knowledge:
1. Requirements of the legislation of the Russian Federation and regulatory legal acts regulating activities in the field of procurement.
2. Fundamentals of civil, budgetary, labor and administrative legislation in terms of application to procurement.
3. Economic fundamentals and peculiarities of pricing in the market by directions.
4. Fundamentals of accounting in terms of application to procurement.
5. Fundamentals of statistics in terms of application to procurement.
6. Features of drawing up procurement documentation.
7. The procedure for establishing pricing factors and identifying quality characteristics that affect the cost of goods, works, services.
8. Features of claim work.
9. Methodology for conducting an examination of the compliance of the results stipulated by the contract with the terms of the contract.
10. Ethics of business communication and rules of negotiation.
11. Labor discipline and internal labor regulations.
12. Labor protection requirements.
As in the previous standard (see above), the employee is required to comply with a number of ethical standards. The skill level of the employee in this case is 7.
8 Pp. "a" clause 25 of the Rules for the development, approval and application of professional standards, approved by Decree of the Government of the Russian Federation dated January 22, 2013 No. 23 "On the Rules for the development, approval and application of professional standards."
9 Order of the Russian Ministry of Labor No. 625n dated September 10, 2015 “On Approval of the Professional Standard “Procurement Specialist” and Order No. 626n of the Russian Ministry of Labor dated September 10, 2015 “On Approval of the Professional Standard “Procurement Expert”.
10 Ch. 6 Art. 38 of the Federal Law of April 5, 2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs.
11 For comparison, such a provision, for example, is contained in the orders of the Ministry of Labor of the Russian Federation, which approved professional standards in the field of social services.
12 See Order No. 148n of April 12, 2013 of the Ministry of Labor of the Russian Federation “On Approval of Qualification Levels for the Development of Draft Professional Standards”.
13 Order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n “On approval of the professional standard “Expert in the field of procurement”.
14 Parts 3 and 4 of Article 94 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.
As you know, from July 1, 2016, the employer is obliged to apply the qualification requirements and professional standards to the employee who will be engaged in procurement activities, if the same requirements and standards are established (Article 195.3 of the Labor Code of the Russian Federation). On this moment, professional standards "specialist in the field of procurement" and expert in the field of procurement", introduced by Orders of the Ministry of Labor of Russia No. 625n and 626n, respectively.
Let's see what requirements an employer should make to an applicant who wants to work in the field of procurement and what professional qualities a specialist and expert in the field of procurement should have.
Purchasing Specialist.
According to the professional standard established by the Order of the Ministry of Labor of the Russian Federation No. 625n, a procurement specialist is engaged in the control and management of procurement for the effective and efficient use of funds allocated to meet state, municipal and corporate needs. Based on this, the professional standard applies not only to customers operating within the framework of 44-FZ, but also 223-FZ.
Labor functions are expressed in four paragraphs (generalized labor functions), each of which has specific subparagraphs (labor functions):
In fairness, it should be noted that not all of the listed labor functions simultaneously apply to customers working under 44-FZ and 223-FZ. For example, the rationale for procurement is provided for by the norms of Law No. 44-FZ, and Law No. 223-FZ does not provide for such measures, but it is not forbidden to prescribe the possibility of this procedure in the procurement regulation. Also, control in the field of procurement is the responsibility of state and municipal authorities, and not customers.
However, using the data from the section III Order of the Ministry of Labor of the Russian Federation No. 625n, we can compare the generalized labor functions specified in the Order with the possible names of positions and professions listed in the section.
1. Providing procurement for state, municipal and corporate needs:
- Procurement Specialist;
- contract worker;
- contract manager.
For these workers to carry out their functional duties requirements for the presence of secondary vocational education, as well as additional vocational education (under programs for advanced training and professional retraining in the field of procurement) were established.
2. Procurement for state, municipal and corporate needs:
- purchasing consultant;
- contract worker;
- contract manager.
For these workers, the bar of education requirements is already higher - higher education (bachelor's degree) is required, as well as additional professional education (according to programs for advanced training and professional retraining in the field of procurement).
3. Examination of the results of procurement, acceptance of the contract:
- Leading Specialist;
- contract worker;
- deputy head of the department;
- department head;
- head of the contract service;
- contract manager.
Here, of course, higher education is required, corresponding to the level of "specialist", "master" and additional professional education (under programs for advanced training and professional retraining in the field of procurement). In addition, a minimum of 4 years of practical experience is required.
4. Procurement control:
- adviser;
- deputy;
- supervisor.
As in the third paragraph, these employees must have higher professional education, additional professional education (obtained through advanced training programs and (or) professional retraining programs in the field of procurement. In addition, there are requirements for practical work experience, namely - at least 5 years in the field of procurement, including at least 2 years in managerial positions.
After analyzing these data, we can conclude that for procurement under 223-FZ, theoretically, one employee, a “leading specialist”, who can perform three generalized labor functions at once, may be enough. Of course, if the customer has the opportunity to share functions between several employees, each of them will perform his own set of such functions, corresponding to his professional level.
As we found out earlier, the fourth generalized labor function in no way applies to customers working under 44-FZ or 223-FZ, but is carried out by representatives of state or municipal authorities.
It is also worth noting that for each generalized function a skill level is set, which increases as the complexity of functional duties.
Procurement expert.
IN general information, indicated in the Order of the Ministry of Labor of the Russian Federation No. 626n, it is indicated that the main purpose of the type of this professional activity is to study and evaluate the subject of expertise, prepare expert opinions, and advise on procurement to meet state, municipal and corporate needs.
There are already three categories of generalized labor functions, which in turn include labor functions. For ease of perception, we will express this information in a diagram.
As in the case of considering the professional standard "specialist in the field of procurement", we turn to the section III, but already Order of the Ministry of Labor of the Russian Federation No. 626n in the same way comparing the generalized labor functions with the possible names of positions, professions presented in this section.
1. Procurement consulting for state, municipal and corporate needs:
- purchasing consultant;
- senior procurement specialist;
- contract manager.
To carry out these functional duties, the employee must have a higher education at the bachelor's level, have additional professional education obtained through advanced training programs in the field of procurement, and practical work experience must be at least three years in the field of procurement. And, such an employee must correspond to the 6th level of qualification.
2. Expertise in the field of procurement for state, municipal and corporate needs:
- procurement expert;
- contract manager.
Here, the employee corresponds to the 7th level of qualification, has a higher professional education (specialist, master's degree), has completed additional professional education under advanced training programs and (or) professional retraining programs in the field of procurement. And the experience of practical work of this employee in the field of procurement should be at least 4 years.
3. Organization of work on expertise and consulting in the field of procurement for state, municipal and corporate needs:
- deputy head/director (department, department, organization);
- head/director (department, department, organization);
- contract manager;
- contract manager.
An employee performing these functions must correspond to the 8th level of qualification, have a higher education (specialist, master's degree), undergo additional professional education in advanced training programs and (or) professional retraining in the area of procurement. Practical work experience should be at least 5 years in the field of procurement, including at least 3 years in managerial positions.
Basically, the functions indicated in this professional standard are used by employees of various regulatory bodies. Customers can only implement the function for the examination of performance and examination of the results of the execution of the contract. Moreover, this applies only to customers acting under Law No. 44-FZ, in particular, in accordance with Parts 3 and 4 of Art. 94, the customer is obliged to conduct an examination of the results provided by the supplier (contractor, performer), provided for by the contract, in terms of their compliance with the terms of the contract. The review can be done as on their own and with the involvement of experts or expert organizations. The function of conducting an examination by the customer can be performed by him contract manager , whose skill level just meets the requirements of the standard.
Examination of the execution and results of the execution of the contract.
Let's take this job function as an example and consider what kind of employee can perform it according to the professional standard "expert in the field of procurement". according to part 3.2.2 of the professional standard, the employee performs a certain set of labor actions , has necessary skills , armed with a set necessary knowledge , and also corresponds to certain ethical standards .
labor actions which are carried out by the employee, consist in the examination of the performance of the contract, the compliance of the completed contract with the conditions established in the contract, the verification of the compliance of the quality of goods, works, services with the conditions established in the contract. In addition, this employee is engaged in the preparation and execution of a document in the form of a conclusion based on the results of the examination.
From the labor actions we have considered, the requirements for necessary skills an employee who must be able to use computing and other auxiliary equipment, means of communication and communications. And, of course, to identify violations of the contract and the results of the executed contract during the examination, as well as to identify violations of the quality of goods, works, services. And according to the results of the examination - to draw up and draw up a conclusion.
In order to perform the labor functions mentioned by us, the employee must have necessary knowledge :
- requirements of the legislation of the Russian Federation and regulatory legal acts regulating activities in the field of procurement;
- fundamentals of civil, budgetary, labor and administrative legislation in terms of application to procurement;
- economic bases and peculiarities of pricing in the market by directions;
- fundamentals of accounting in terms of application to procurement;
- fundamentals of statistics in terms of application to procurement;
- features of the preparation of procurement documentation;
- the procedure for establishing pricing factors and identifying qualitative characteristics that affect the cost of goods, works, services (by directions);
- features of claim work;
- methodology for conducting an examination of the conformity of the results stipulated by the contract with the terms of the contract;
- ethics of business communication and rules of negotiation;
- labor discipline and internal labor regulations;
- labor protection requirements.
An important feature of a true professional, in addition to the impeccable performance of the assigned tasks, of course, is his compliance with ethical standards. Thus, procurement experts should:
- respect the confidentiality of information agreed with the customer;
- observe the ethics of business communication;
- occupy active position in the fight against professional dishonesty;
- perform the examination objectively and impartially, without regard to personal interests;
- do not hide or ignore reliable facts that refute the logic of ongoing research and calculations during the examination;
- not to disclose the materials of working studies without the consent of the employer;
- not create conflict situations in the workplace and in relations with the customer;
- do not take actions that damage the reputation of the organization;
- not to take actions that discredit the profession and reputation of colleagues;
- to prevent slander and dissemination of information discrediting other organizations and colleagues.
As we can see, professional standards do not just describe the labor functions that this or that employee must perform, but bring them into line labor functions various professional quality which must be met by a procurement specialist and a procurement expert. Considering a kind of portrait of an employee, the employer will be able to most accurately navigate the choice of the specialist he is looking for. And the latter, in turn, has guidelines, based on which he can not only bring his professional level in line with his position, but also understand what steps need to be taken for further professional and career growth.
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