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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 15, 2019 No. 395

About implementation of the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About public procurements of goods (works, services)"

(as amended on 06-10-2021)

According to the paragraph the second article 3 of the Law of the Republic of Belarus of July 17, 2018 "About modification and amendments in the Law of the Republic of Belarus "About public procurements of goods (works, services)" the Council of Ministers of the Republic of Belarus DECIDES: No. 136-Z

1. Determine that:

1.1. electronic trading platforms for carrying out on them open tenders, electronic auctions and procedures of request of price offers are:

electronic trading platform of information republican unitary enterprise "National Center of Marketing and Price Situation" (the address on the global computer Internet: http://goszakupki.by);

electronic trading platform of "Belarusian Universal Commodity Exchange" open joint stock company (the address on the global computer Internet: http://zakupki.butb.by).

Public procurements using the exchange biddings are conducted at commodity exchange ("Belarusian Universal Commodity Exchange" open joint stock company);

1.2. services of the organizer in the organization and holding procedures of public procurements are paid by customers and (or) participants of such procedures, except for case when the state body acts as the organizer.

Services of the operator of electronic trading platform in the organization and holding procedures of public procurements are paid by participants of such procedures.

The service fee, specified in parts one and the second this subitem, is determined by the organizer, the operator of electronic trading platform proceeding from the size of their economically reasonable costs (in case of profitability no more than 5 percent) and is subject to coordination with the Ministry of Finance and state body (organization), in subordination (structure, system) of which there is organizer, the operator of electronic trading platform or to which shares (share in authorized funds) of these legal entities (in the presence of such body (organization) are transferred to the control;

1.3. the procedure of request of price offers is applied in case of threshold value of estimated cost of annual requirement of public procurement:

goods - more 300, but no more than 1000 basic sizes;

works (services) - more 300, but no more than 3000 basic sizes;

1.4. the step of electronic auction constitutes percent 0,1 from starting price of electronic auction;

1.5. when carrying out the opened and closed tenders, electronic auction, the procedure of request of price offers the preferential amendment is applied in the amount of:

15 percent - in case of the offer the participant of goods (works, services) coming from the Republic of Belarus and (or) the countries to which in the Republic of Belarus the national treatment according to international treaties of the Republic of Belarus is provided;

25 percent - in case of the offer the participant of goods (works, services) self-produced the organizations of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers.

When carrying out tenders, procedures of request of price offers of the price of proposals of the participants offering the goods (works, services) specified in part one of this subitem decrease respectively by 15 or 25 percent for the purposes of assessment and comparison of offers.

When running an electronic auction in case of admission to trading of the participants offering the goods (works, services) specified in part one of this subitem:

starting price of electronic auction is established by division of the estimated cost of subject of the public procurement determined by the customer (organizer) in auction documents, respectively on 1,15 or 1,25;

during trading for the participants offering the goods (works, services) specified in part one of this subitem at the same time current bid and the rate corresponding to it increased by 15 or 25 percent respectively are displayed.

In case of the choice by the winner of the participant offering the goods (works, services) specified in parts one of this subitem, the agreement of public procurement (further - the agreement) it is signed with it:

when carrying out tenders, procedures of request of price offers - on bid price of this participant;

when holding electronic auctions - at the price of the last rate of this participant, including taking into account adjustment according to part four of Item 5 of article 43 of the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "About public procurements of goods (works, services)", increased respectively by 15 or 25 percent.

The preferential amendment is not applied in the relation:

parts of goods (works, services) which are subject of public procurement, including its lot (part), specified in part one of this subitem;

goods (works, services) which are subject of public procurement when carrying out tenders and procedures of request of price offers in case of submission of offers only the participants having the right to application of the preferential amendment of the identical size;

1.6. when holding procedure of public procurement the documents confirming the right to application of the preferential amendment are:

in the amount of 15 percent:

for the goods coming from the Republic of Belarus and one of the following documents which are not included in the list according to appendix 1,:

the document on goods origin issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises according to the criteria of determination of the country of goods' origin provided by the Rules of determination of the country of goods' origin which are integral part of the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009 or its copy. The specified document is issued in the form of the certificate of origin established by the called Rules and filled in according to the procedure, determined by them for certificates of origin, taking into account the features established by the Ministry of anti-monopoly regulation and trade;

the certificate of self-produced products issued by the Belarusian Chamber of Commerce and Industry or the unitary enterprises of the Belarusian Chamber of Commerce and Industry, their representations and branches or its copy. In case of submission of the specified document by the participant who is not the producer of the goods offered in the procedure of public procurement also the document (the agreement, the power of attorney or other document) confirming competence to use of such certificate by the participant is submitted;

for the goods coming from the Republic of Belarus and included in appendix 1, – one of documents, the specified in paragraphs four and the fifth this subitem, or the statement from the Eurasian register of manufactured goods of state members of the Eurasian Economic Union received according to Item 24 of Rules of determination of country of source of separate types of goods for the purposes of the public (municipal) procurements approved by the Decision of Council of the Eurasian economic commission of November 23, 2020 No. 105, or its copy;

for the goods coming from the countries to which in the Republic of Belarus the national treatment in the sphere of public procurements according to international treaties of the Republic of Belarus is provided except the goods coming from the state members of the Eurasian Economic Union included in appendix 1, – the document on goods origin issued by authorized bodies (organizations) of these states according to the criteria of determination of the country of goods' origin provided by the Rules of determination of the country of goods' origin which are integral part of the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009 or its copy;

for the goods coming from the state members of the Eurasian Economic Union except for coming from the Republic of Belarus, included in appendix 1, – the statement from the Eurasian register of manufactured goods of state members of the Eurasian Economic Union received according to Item 24 of Rules of determination of country of source of separate types of goods for the purposes of the public (municipal) procurements or its copy.

for works (services) – the certificate on state registration of the legal entity or the individual entrepreneur issued by authorized body of the Republic of Belarus or the similar document issued by authorized body (organization) of the countries to which in the Republic of Belarus the national treatment according to international treaties of the Republic of Belarus, or their copy is provided;

in the amount of 25 percent – the document signed by the head of the organization of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers, or person authorized by it not earlier than in five working days prior to day of submission of the offer for participation in the procedure of public procurement, with indication of total quantity of workers, number of disabled people, numbers of the certificates confirming disability and terms of their action, and also the certificate of products (works, services) of own production issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or their copy;

1.7. to participants of procedures of public procurements of separate types of goods (works, services) additional requirements according to appendix 1-1 are established;

1.8. change of terms of the contract * in the case provided in part two of Item 1 of article 25 of the Law of the Republic of Belarus "About public procurements of goods (works, services)" and also in cases is allowed:

scope changes (quantity) of goods (works, services) no more than for 10 percent. In this case the cost of goods (works, services) changes in proportion to change of their amount (quantity), and the accompanying works (services) – taking into account this change;

increases in completion dates of obligations by the supplier (the contractor, the contractor) at the initiative of the customer if change of the constructive, technology solutions demanding from the supplier (the contractor, the contractor) of extra time for delivery or realization by different way of goods is necessary (performance of work, rendering service), and such change could not be provided when holding procedure of public procurement;

reduction of the price of the agreement without scope change (quantity) of goods (works, services), including their consumer, functional, technical, qualitative and operational performances of characteristics;

the changes in price of the agreement in connection with change of the legislation, and also in case of change of regulated prices (rates);

changes of completion date of obligations by the supplier (the contractor, the contractor) in connection with impossibility of their execution owing to emergence of force majeure circumstances;

changes of subject of public procurement and requirements to subject of public procurement, its amount (quantity), completion dates of obligations by the contractor (contractor) in case of need for acquisition of the extra works which are not provided by the project documentation developed on stage "The construction project" which need of accomplishment arose in the course of construction and is confirmed with the bilateral act, the signed customer and developer of the project documentation. The cost of extra works is determined according to the Regulations on procedure for forming of the constant contract (contractual) price of construction of facilities approved by the resolution of Council of Ministers of the Republic of Belarus of November 18, 2011 No. 1553;

______________________________

* Regarding subject of public procurement and requirements to subject of public procurement, its amount (quantity), payment procedure, completion dates of obligations the supplier (the contractor, the contractor), the agreement prices.

1.9. when implementing public procurements the customer (organizer) has the right to carry out procurement procedure from one source:

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