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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 6, 2016 No. 532

About measures for implementation of the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership"

According to the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve enclosed:

Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership;

Regulations on procedure for the organization and carrying out tender at the choice of the private partner for agreement signature about public-private partnership;

Regulations on procedure for maintaining the State register of agreements on public-private partnership.

2. To the Ministry of Economics to take measures for implementation of this resolution.

3. This resolution becomes effective after its official publication.

First Deputy Prime Minister of the Republic of Belarus

V. Matyushevsky

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532

Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership

Chapter 1. General provisions

1. This Provision determines procedure for preparation of offers on projects implementation of public-private partnership, their consideration and assessment.

2. For the purposes of this Provision terms and their determinations in the values established in the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership" are applied (The national legal Internet portal of the Republic of Belarus, 01.01. 2016, 2/2340), and also following terms and their determinations:

the state initiator - the republican or local body initiating the project of public-private partnership;

the interested body - the republican or local body interested in implementation of the project of public-private partnership initiated by the private initiator within which competence the questions connected with production of goods (performance of works, rendering services) within this project are;

local body - local executive and administrative organs;

republican body - the state bodies and other state organizations subordinated to the President of the Republic of Belarus, the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus;

comparative advantage - comparison of expenses of the budget in case of project implementation of public-private partnership in full by budget funds or with attraction of external state loans, external guaranteed loans (in case of their repayment by budget funds) and budget expenses in case of implementation of this project with participation of the private partner in case of equal amounts, the prices, characteristics and goods quality (works, services);

the private initiator - the legal entities, the foreign organizations who are not legal entities, the individual entrepreneurs initiating the project of public-private partnership;

efficiency of the project of public-private partnership - the result received in case of project implementation of public-private partnership determined as ratio of the income and costs by it including system of indicators, including indicators of financial and (or) social and economic performance of the project.

3. Preparation state and private initiators of the offer on project implementation of public-private partnership (further - the offer) consists of two stages:

development of the concept of the project of public-private partnership (further - the concept) according to the requirements established by the Ministry of Economics;

development of the documents specified in Item 24 presents of the Provision (further - documents of the offer).

4. Development of the concept is performed on the basis of preliminary study of social and economic, technical, financial and economic, ecological, legal and organizational aspects of project implementation of public-private partnership with carrying out provisional estimate of efficiency of its realization.

Development of documents of the offer is performed based on detailed study of technical, financial and economic, legal, ecological, social and economic and organizational aspects of project implementation of public-private partnership with carrying out calculations of efficiency of its realization and determination of comparative advantage.

5. Preparation of the offer by the state initiator is performed independently or with involvement of consultants.

Involvement of consultants at the expense of means republican and (or) local budgets is performed according to the legislation on public procurements. The Ministry of Economics has the right to recommend evaluation criteria and comparisons of proposals of participants of tender - potential contractors of services of consultants, including regarding their qualification data, for inclusion of these criteria by the state initiators who are customers of public procurement of such services in competitive documents.

Preparation of the offer by the private initiator is performed at the expense of own means or other sources according to the legislation.

6. The state and private initiators by preparation of the offer (or the interested body in case of its assessment) have the right to address for receipt of information, necessary for its preparation (assessment), in republican and (or) local authorities taking into account legal regime of such information.

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