Law No. 44-FZ, the customer has the right to establish a requirement that the register of unscrupulous suppliers (contractors, performers) (hereinafter referred to as RNP) contains no information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body procurement participant - a legal entity.
In judicial practice, there is an approach according to which the basis for recognizing a person applying for participation in a procurement does not comply with Part 1.1 of Art. 31 of Law N 44-FZ, is the presence in the RNP not only of those information about him that are directly named in this norm of the Law, but also other information indicating the presence of a risk of conducting unfair business activities on the part of such a person (see, for example, the resolution AS of the North-Western District dated 01.02.2017 N F07-11926/16, by the decision of the Supreme Court of the Russian Federation dated 18.04.2017 N 307-KG17-3978, the transfer of the cassation appeal for consideration at the court session of the Investigative Committee for economic disputes of the Supreme Court of the Russian Federation was refused).
The requirement for procurement participants that there is no information about them in the RNP by virtue of Part 5 of Art. 31 of Law N 44-FZ must be contained both in the notice of procurement and in the procurement documentation (hereinafter referred to as documentation) (see, for example, the decision of the Federal Antimonopoly Service for the Republic of Tatarstan dated December 23, 2014 N T04-222/2014).
Let us note that there are court decisions that recognize as unlawful the customer’s unilateral refusal to fulfill the contract on the basis of Part 15 of Art. 95 of Law N 44-FZ in the case when information about the person with whom the contract was concluded is entered into the RNP after the conclusion of the contract with the customer for reasons not related to the execution of this contract (see, for example, resolutions of the Seventeenth AAS dated January 30, 2015 N 17AP-17332/14, Ninth AAS dated 04/21/2015 N 09AP-11847/15). A similar conclusion was made in the letter of the Ministry of Economic Development of Russia dated February 18, 2015 N D28I-387.
The same position was expressed by representatives of the FAS Russia in a letter dated 08/06/2015 N ATs/40483/15. According to the FAS Russia, the inclusion of a counterparty in the RNP during the execution of a contract does not affect the rights and obligations under already concluded and executed contracts and is not a basis for unilateral refusal to perform a contract on the part of the customer as on the basis of Part 15 of Art. 95 of Law No. 44-FZ, and on the basis of Part 9 of Art. 95 of Law No. 44-FZ.
Moreover, paragraph 1 of the letter states that if, at the time of concluding the contract, the counterparty ceased to meet the requirements of the documentation, in particular, in connection with the inclusion of information about him in the RNP, the provisions of Part 15 of Art. 95 of Law N 44-FZ cannot be applied, provided that at the time of filing the application, the procurement participant provided reliable information about its compliance with the documentation requirements. It is indicated that the customer, in accordance with Part 15 of Art. 95 of Law N 44-FZ is obliged to make a decision on unilateral refusal to fulfill the contract if the information submitted by the procurement participant about its compliance with the requirements established by the documentation was unreliable at the time of filing the application.
To continue to remain a sought-after specialist, it is necessary to increase the level of professionalism and improve your own business status. Additional education plays a significant role in this process.
Features of advanced training in procurement
Additional education of specialists is aimed at updating their theoretical knowledge and their practical skills. Its necessity is determined by the increasing requirements for the professional training of employees. The Labor Code (Article 196, Part 4) provides for the employer’s obligation to send specialists to advanced training courses. According to 44-FZ, when forming a customer commission, persons who have undergone professional retraining have a priority right to be included in it. It can be performed either with or without separation from direct activity. In the latter case, specialists undergo distance training courses. Retraining can also be carried out with partial separation from the main activity and according to individual programs of additional education. The latter are developed taking into account the specifics of the professional activity of a particular employee.
Important point
Until January 1, 2017, a subject with primary or additional professional education in the relevant specialty can act as a contract service employee (manager). In other words, he must undergo special training. According to 44-FZ, the organization of additional education of specialists, as well as the issuance of relevant documents on its completion, is the responsibility of supervisory government agencies. A certificate or diploma serves as supporting documents.
Additional education system
Training under 44-FZ is carried out within the framework of a unified state policy focused on training specialists. In order to ensure proper implementation of legislative requirements, the Ministry of Education and Science, together with the Ministry of Economic Development, presented proposals for the creation of an effective system for training employees and their In a general letter from these ministries, addressed to institutions conducting educational work on additional programs, Methodological recommendations were sent. They explained the system by which advanced training should be carried out under 44-FZ. The letter also noted that the specified Methodological Recommendations can be used by customers when purchasing educational services.
Validity period according to 44-FZ
In accordance with the previous government Decree No. 610 of June 26, 1995, retraining is carried out as necessary. However, advanced training in accordance with 44-FZ must be carried out at least once every 5 years throughout the professional activity of the specialist. For individual employees, the employer has the right to establish other periods. Clause 2.8 of the Recommendations states that advanced training in accordance with 44-FZ should be carried out as necessary. In this case, it is advisable to carry out retraining at least once every 3 years. This recommendation applies to all categories of specialists.
Additional programs
They are developed and approved by educational institutions independently. This takes into account the legal requirements for the level of training of employees involved in the relevant field. It is recommended to carry out advanced training in accordance with 44-FZ in part-time and part-time form. The implementation of programs is focused on improving or obtaining new competencies necessary for the effective implementation of professional activities. The results of mastering the programs are determined by the final certification of specialists.
Duration of retraining
It should be said that the standards do not clearly establish how long advanced training should last under 44-FZ. 120 hours is considered the optimal period, which is established by institutions conducting educational activities. To clarify this issue, you should refer to the Procedure for organizing and implementing retraining, approved by Order of the Ministry of Education and Science No. 499 of July 1, 2013. Paragraph 12, in particular, establishes that the minimum duration of courses should ensure the possibility of obtaining the planned results declared in the program. At the same time, the duration of retraining should not be less than 16 hours. At the same time, in paragraph 2.3 of the Methodological Recommendations there is an indication that the minimum duration of mastering the programs should be set at no less than 108 academic hours. The exception is cases when managers of customer enterprises undergo advanced training in accordance with 44-FZ. For them, the duration of mastering the programs can be reduced to 40 hours. It is recommended that the final certification be provided in the form of testing (exam) or defense of a thesis. Requirements for its volume, content and structure are established by the institution conducting educational activities.
Retraining of civil servants
To correctly understand the duration of their professional development, you should refer to Federal Law No. 79. Article 62 (part five) establishes that retraining of civil servants is carried out as necessary. At the same time, it is recommended to send employees to additional education institutions at least 1 ruble/3 years. Since no other frequency is established in the legislation, when sending specialists involved in procurement to meet municipal and state needs for training, one should focus on the specified period. Government Resolution No. 362 of 05/06/2008 approved state requirements for retraining and internship of civil servants. In particular, they note that advanced training can be carried out to allow employees to study current changes in certain issues relating to their professional activities. In this case, the volume of development may be 18-72 ac. h. In paragraph 2 of the 17th paragraph of the Procedure, approved by Order No. 499, it is established that for any type of classroom training, the duration of the academic hour is 45 minutes. If a comprehensive update of knowledge is necessary on certain issues related to the professional activities of employees, the volume of development should be 73-144 ac. h.
Note
Classroom work is the type of contact work between students and the teacher. It includes lectures and seminars, group consultations or individual training. It also includes certification tests (intermediate and final).
conclusions
Depending on the type of retraining chosen (distance training courses or academic work), the duration of mastering the programs can be within 18-144 hours. Upon completion of the classes, specialists who have successfully passed certification are issued the appropriate documents. Their samples are independently determined by institutions conducting educational activities.
Program
In many large cities there are institutions where you can undergo advanced training under 44-FZ (St. Petersburg, for example). The program may include the following sections:
1. Work of the auction, competition, quotation commission of the customer. Responsibility of authorized persons under the Code of Administrative Offenses and main offences.
2. Planning of purchases within the framework of the contract system (latest changes):
- Recognition of unreasonableness.
- New requirements for the form and content of schedules. Rules for approval, formation and amendments.
- The procedure for calculating the total annual volume of purchases.
- Rationing. Establishing requirements for products, works and services or standard costs.
- The need to indicate an identification code in the plan, notification, schedule, contract and other documentation.
3. Procurement methods. Features of non-trading and trading operations.
4. Other procedures: limitations and opportunities.
5. Maximum (initial) contract value. The need to enter into the database information about the prices developing in the markets and placed by customers for products, services, and works.
Development of technical specifications:
- Main shortcomings and errors. Detection of pitfalls in technical specifications based on established practice.
- Specifics of countering ultra-reduced delivery times in procurement documentation.
- Errors in the formation of contract services and commissions.
- The practice of detecting violations during the admission/non-admission of participants.
- Signs of blind procurement during the transition period of the formation of the contract system.
Other sections may be included in the program.
Conclusion
In the absence of federal state standards and regulatory requirements for additional vocational education programs for employees of contract services, organizations on the basis of which advanced training is carried out under 44-FZ (in Moscow or another city) have the right to independently develop their content, setting different durations for their development. However, institutions must take into account that, according to the adopted Methodological Recommendations, the optimal period for retraining is at least 108 hours, with the exception of exceptions established by law. Experts note that 72-hour programs are suitable for specialists from supplier companies. For customer organizations, the duration of advanced training must be at least 108 hours, and for managers - at least 40 hours. Currently, there is an intensive change in domestic legislation. Adjustments and additions are periodically made to the current regulations, including those regulating the scope of procurement to ensure municipal and state needs. In this regard, it is necessary to timely and efficiently update the knowledge of specialists involved in this field. In accordance with this, it is recommended to carry out advanced training of personnel at least once every 3 years. This will ensure the appropriate level of professionalism of specialists
Distance learning is an opportunity to gain online knowledge, work skills and a document on education within the framework of the Law on the Contract System, which are necessary for successful work and guarantee protection from administrative liability, since this document on education is required by virtue of the current legislation of the Russian Federation !
Main training programs for government customers:
- Professional retraining (44-FZ):“Contract system in the field of procurement of goods, works, services to meet state and municipal needs” with the issuance of a DIPLOMA ( 260 academic hours). Grants the right to conduct professional activities in the field of management of state and municipal procurement as a contract manager.
- Professional retraining (44-FZ + 223-FZ):“Organization of procurement activities to meet state, municipal and corporate needs” with the issuance of a DIPLOMA ( 510 academic hours) with the qualification “Procurement Expert”. Provides the right to work within the framework of Federal Law No. 223-FZ. An official who exercises control over the Customer’s procurement activities must have the “expert” qualification.
- Advanced training (44-FZ):“Contract system in the field of procurement of goods, works, services” with the issuance of a certificate of advanced training ( 160 academic hours). The course is necessary for specialists of contract services for regular (once every 3 years) updating of knowledge.
- Advanced training (223-FZ):“Purchases by certain types of legal entities” with the issuance of a certificate ( 72 academic hours). The training must be completed by procurement service specialists of organizations operating within the framework of Federal Law No. 223-FZ. According to the current Labor legislation of the Russian Federation, from January 1, 2020, all employees of companies with state participation must meet the requirements of Professional Standards. According to Order of the Ministry of Labor of Russia dated September 10, 2015 N 625n “On approval of the professional standard “Procurement Specialist”, “suppliers” must have additional education in the field of procurement.
Briefly about training
Our course was developed by expert practitioners in the field of public procurement with more than 10 years of experience. The lectures are adapted to the most current changes in legislation, are aimed at the practical application of legal norms, and summarize materials from judicial practice and the practice of inspections of contract system regulators.
The course is intended both for those who have already mastered the basics of government procurement and want to move on, as well as for beginners!
Students can choose the most convenient form of training for themselves:
- Participation in the webinar(possibility of direct communication with the teacher). Duration of training is 3-5 days, depending on the chosen program.
- Self-study course. This is a series of informational video blocks and additional materials on the most current topics of Federal Law No. 44-FZ. Training materials are available 24/7 in your personal account, where you can also test your knowledge online.
Each student, regardless of the form of study, upon completion of the course receives the opportunity to receive free consulting support for a year!
We do not teach boring and well-known theory, we talk about the practice of applying the Law and adapting to modern realities - this is a concentrate of knowledge that we have accumulated over the years.
Our main advantages:
- Only current information taking into account the latest changes
- Theory + practice that will help simplify your future work and protect yourself from fines
- A set of teaching materials and documentation for further productive work in the position
- Full-fledged EIS simulator
- 12 months of consulting support for all trainees
- Working with individuals and legal entities with the possibility of deferred payment under the contract ( for state employees)
- Dozens of live positive reviews in our VKontakte community ( the largest community about government procurement in the Russian Federation), as well as letters of recommendation upon request from the manager
Who needs training?
- Contract manager.
- Specialists of purchasing commissions.
- Heads of Administrations, heads of departments, heads of municipal unitary enterprises, state unitary enterprises and everyone who deals with the federal contract system.
- Specialists exercising financial control over the customer’s activities.
Document after completing the training
After completing professional retraining, applicants will receive a state diploma of professional retraining for 260 academic hours, or 510 respectively.
After completing the advanced training course, applicants will receive a state-issued Certificate of Advanced Training for 160 academic hours.
License to carry out educational activities No. 3872.
Tuition price
- 10 000 It costs rubles to complete a professional retraining course with the issuance of a DIPLOMA of 510 hours.
- 7 000 It costs rubles to complete a professional retraining course with the issuance of a 260-hour DIPLOMA.
- 4 000 It costs rubles to complete a professional development course with the issuance of a certificate of advanced training for 160 hours.
- Attention! If you already have a certificate of advanced training in accordance with 44-FZ, previously received in any other educational institution, you can receive a professional diploma. retraining, in just 5000 rub!
Best price guarantee!
We value every client and thanks to our many years of experience in the field of education and business, we boldly declare that We guarantee our students the best price On the market!
Find out more about the best price guarantee from our managers by calling the toll-free number indicated in the contacts, or using the form below.
How to get training?
Fill out the form below and click " Send a request".
We will contact you within one business day and advise you on all remaining questions about training.
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