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)"

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 annual estimated value (general) requirement of public procurement:

goods – more 500, but no more than 2000 basic sizes;

works (services) – more 500, but no more than 5000 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 offer cases:

the goods made by the participant included in appendix to the resolution of Council of Ministers of the Republic of Belarus of February 14, 2022 in No. 80 "About confirmation of production of industrial output in the territory of the Republic of Belarus" and coming from the Republic of Belarus and (or) 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;

the organizations of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers, works, self-produced services provided that the share of compensation of disabled people in the general fund of compensation of such organizations for three calendar months preceding date of submission of the offer constitutes at least 20 percent;

organizations and companies of criminal executive system, medical and labor dispensaries, medical and production workshops of works, self-produced services;

25 percent – in case of the offer the participant of 1-3 self-produced goods of the organizations of the Republic of Belarus included in appendix in which the number of disabled people constitutes at least 50 percent of payroll number of workers provided that the share of compensation of disabled people in the general fund of compensation of such organizations for three calendar months preceding date of submission of the offer constitutes at least 20 percent.

The contractor (contractor) to whose proposal the preferential amendment is applied shall execute provided in the agreement of public procurement (further – the agreement) work (to render service) personally if other is not provided in part three of this subitem.

The contractor (contractor) to whose proposal the preferential amendment is applied has the right to involve in execution of the agreement obligations:

physical persons in number of no more than 15 percent from payroll number of the legal entity for date of the conclusion of the agreement;

the organizations of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers, organizations and the companies of criminal executive system, medical and labor dispensaries, medical and production workshops.

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 ceiling division of the price 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.

The contract with the winner participant to which offer the preferential amendment is applied consists:

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 by the participants who declared the right to application of the preferential amendment to the identical size and confirmed it it is right;

goods (works, services) acquired according to the paragraph third item 4 of article 21 of the Law of the Republic of Belarus "About public procurements of goods (works, services)";

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, one of the following documents:

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 its unitary enterprises or its copy, and also the obligation on observance in case of agreement performance of the conditions and criteria of reference of products to self-produced products determined by Regulations on reference of products (works, services) to products (works, services) of own production approved by the resolution of Council of Ministers of the Republic of Belarus of December 17, 2001 No. 1817;

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;

the appraisal certificate about compliance to the made industrial output to requirements imposed for the purpose of its reference to products made in the territory of the Republic of Belarus issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy;

for property rights on the computer programs coming from the Republic of Belarus – the registration certificate of the computer program granted by public institution "National center of intellectual property" 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 statement that the participant is producer of the goods offered them, and also 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 – 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, self-produced services of the organizations of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers, in total the following documents:

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 before five working days about 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, share of compensation of disabled people in the general fund of compensation of such organizations for three calendar months preceding date of submission of the offer;

the certificate of works and self-produced services issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy;

for works, self-produced services of organizations and the companies of criminal executive system, medical and labor dispensaries, medical and production workshops – the certificate of works and self-produced services issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy;

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 before five working days about 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, share of compensation of disabled people in the general fund of compensation of such organizations for three calendar months preceding date of submission of the offer and also the certificate of self-produced products issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy;

1.7. to participants of procedures of public procurements of separate types of goods (works, services), except as specified implementation of public procurements according to Items 1, of 4, of 11, the 12th appendices to the Law of the Republic of Belarus "About public procurements of goods (works, services)", are established additional requirements according to appendix 1-1.

If as the additional requirement to participants of procedures of public procurements according to appendix 1-1 is established the requirement about capability of the participant to perform works (to render services) a minimum of 50 percent of cost of works (services) constituting subject of public procurement, own forces *, this condition joins in the agreement as essential.

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* For the purposes of this resolution own forces are understood as performance of works (rendering services) by forces of the participant of the procedure of public procurement, including forces of the affiliated unitary enterprises, affiliated economic societies, other legal entities who are with the participant part of one holding, national association.

To participants of procedures of public procurements, except as specified implementation of public procurements according to Items 1, of 4, of 11, the 12th appendices to the Law of the Republic of Belarus "About public procurements of goods (works, services)", irrespective of subject of public procurement are established the following additional requirements:

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