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

of June 28, 2017 No. 33

About approval of the Instruction about procedure for forming and maintaining the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases

Based on parts three and the sixth subitem 2.5 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of March 15, 2012 "About enhancement of the relations in the field of purchases of goods (works, services) at the expense of own means" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: No. 229

1. Approve the Instruction about procedure for forming and maintaining the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases it (is applied).

2. Recognize invalid:

the resolution of the Ministry of Trade of the Republic of Belarus of April 28, 2014 No. 15 "About approval of the Instruction about procedure for forming and maintaining the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases" (The national legal Internet portal of the Republic of Belarus, 20.05. 2014, 8/28678);

the resolution of the Ministry of Trade of the Republic of Belarus of March 20, 2015 No. 10 "About modification of the resolution of the Ministry of Trade of the Republic of Belarus of April 28, 2014 No. 15" (The national legal Internet portal of the Republic of Belarus, 15.04. 2015, 8/29798).

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of June 28, 2017 No. 33

The instruction about procedure for forming and maintaining the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases

1. This Instruction determines procedure for forming and maintaining the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases (further, unless otherwise specified, – the register), cases of early exception of the register.

2. The ministry of anti-monopoly regulation and trade creates, conducts and places in urgent condition the register in the information system "Tenders" on the website of information republican unitary enterprise "National Center of Marketing and Price Situation".

3. The register is kept in electronic form and shall contain the following data:

the name of the legal entity (surname, own name, middle name (if that is available) – for physical person, including the individual entrepreneur), the location (residence) and accounting number of the payer (if that is available) the face included in the register;

date and basis of inclusion in the register;

date and basis of exception of the register.

4. For inclusion in the register of legal entity or physical person, including the individual entrepreneur, in the Ministry of anti-monopoly regulation and trade the application for inclusion in the register of suppliers (contractors, contractors) who are temporarily not allowed to purchases (further – the statement), in form according to appendix is submitted.

Are put to the statement:

in case of evasion of legal entity or physical person, including the individual entrepreneur, from the conclusion of the agreement in case of the choice by his winner participant if it is not connected with change by the customer of conditions of procurement procedure, – the copy of the court order about compulsion of such legal entity or physical person, including the individual entrepreneur, to the conclusion of the agreement and (or) its written refusal of the conclusion of the agreement;

in case of agreement cancelation with legal entity or physical person, including the individual entrepreneur, in connection with non-execution or improper execution of this agreement by it, except for the agreement terminated in connection with the circumstances caused by force majeure, impossibility of performance or based on the act of state body – the copy of the court order about agreement cancelation in connection with non-execution or improper execution of obligations on it;

when making by workers (worker) of the legal entity or individual entrepreneur, and also physical persons, including individual entrepreneurs, established by the court verdict of the crimes connected with participation in procurement procedure, including bribery which took legal effect – the copy of the court verdict.

5. The application is directed to the Ministry of anti-monopoly regulation and trade in the organizations specified in subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of March 15, 2012 to No. 229 (further – the organization), or organizers, and also can go to the Ministry of anti-monopoly regulation and trade in the controlling (supervising) and (or) law enforcement agencies, courts.

6. Inclusion in the register is not made if the bases established in paragraphs second and third part three of subitem 2.5 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of March 15, 2012 No. 229, arose in connection with change of the Belarusian ruble exchange rate established by National Bank to one of the foreign currencies entering basket of currencies, more than for 20 percent in relation to the rate operating for date of submission of the offer by the winner participant (in case of running an electronic auction – on date of the biddings) or for date of the conclusion of the purchase agreement in case of holding procurement procedure from one source.

7. Inclusion in the register is performed by the Ministry of anti-monopoly regulation and trade within fifteen calendar days from the date of the receipt of the statement and other documents specified in part two of item 4 of this Instruction.

The decision on inclusion of legal entity or physical person, including the individual entrepreneur, in the register is drawn up by the order of the Ministry of anti-monopoly regulation and trade.

Legal entity or physical person, including the individual entrepreneur having the right to appeal the decision of the Ministry of anti-monopoly regulation and trade on inclusion in the register judicially.

8. The ministry of anti-monopoly regulation and trade within fifteen calendar days from the date of obtaining from the organization (organizer) of the statement and other documents specified in part two of item 4 of this Instruction returns them in case of discrepancy to requirements, stipulated in Item to the 4th this Instruction.

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