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RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of January 21, 2019 No. 7

About approval of the Regulations on the commission on public procurements

Based on the paragraph of the fifth of article 10 of the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: No. 419-Z

1. Approve Regulations on the commission on public procurements it (is applied).

2. This resolution becomes effective since July 1, 2019.

Minister

V. V. Koltovich

The Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 21, 2019 is approved No. 7

Regulations on the commission on public procurements

1. Are established by this Provision procedure for forming of the commission on public procurements created by the customer (organizer) in case of the organization and holding open tender, closed competition, electronic auction, the procedure of request of price offers (further - the commission), and its functions.

For the purposes of this provision the terms determined in the Law of the Republic of Belarus "About public procurements of goods (works, services)" are used.

2. Need of forming of the commission under the organization and holding procurement procedure from one source is determined by the customer (organizer) independently.

3. The commission can be created in the form of the permanent commission for the organization and holding procedures of public procurements or for the organization and holding specific procedure of public procurement.

Frequency of change of structure of the permanent commission, and also members of such commission are determined by the customer (organizer) independently taking into account the requirements stated in part three of Item 2 and part one of Item 3 of article 14 of the Law of the Republic of Belarus "About public procurements of goods (works, services)".

4. Staff of the commission in cases of the organization and holding procedures of public procurements:

the customer - it is created by the customer and affirms his head (authorized by him the official);

the organizer - it is created by the organizer and affirms his head (authorized by him the official);

two and more customers - it is created proceeding from the agreement of the parties by one of such customers or jointly all customers and affirms respectively the head (authorized by it the official) of one of customers or the heads (authorized by them officials) of customers.

The specified structure of the commission affirms the local legal act in which tasks of the commission are also determined and powers for accomplishment of these tasks are conferred.

5. The chairman, the deputy (deputies) the chairman and the secretary (secretaries) of the commission are appointed from among members of the commission in case of statement of its members.

The head of the customer (organizer) or his deputy is appointed the commission chairman.

6. The staff of the commission can be changed by the customer (customers, the organizer) who created it by adoption of the act of the same type, as the act by which the commission was created.

7. At least five people shall be part of the commission.

8. The customer (organizer) provides acquaintance of members of the commission with the legislation on public procurements, including with this Provision.

9. Physical persons in the cases specified in part one of Item 3 of article 14 of the Law of the Republic of Belarus "About public procurements of goods (works, services)" cannot be members of the commission. The member of the commission shall notify its chairman (vice-chairman) on emergence of such circumstances and demand the exception of structure of the commission.

10. The member of the commission has no right to delegate to the other person the powers to participation in its activities.

11. At commission sessions can be present at quality of observers:

authorized staff (workers) of the State Control Committee, Committee for State Security and Ministry of Internal Affairs;

representatives of state body (organization), in subordination (structure, system) of which is the customer or to which its shares (share in authorized fund) which are in state-owned property are transferred to the control (enters).

12. In the activities the commission is guided by the legislation on public procurements, including this Provision.

13. The commission, proceeding from the tasks determined by the customer (organizer), performs the following functions:

opens offers (considers the first Sections of offers in case of running an electronic auction);

performs consideration of offers on their compliance to requirements of competitive documents, auction documents, the documents provided to legal entity or physical person including to the individual entrepreneur, for preparation of the offer for the purpose of participation in the procedure of request of price offers;

if necessary requests the additional information concerning explanation of the offers provided by them from participants;

rejects offers;

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