RESOLUTION OF THE MINISTRY OF ARCHITECTURE OF THE REPUBLIC OF BELARUS

of June 14, 2019 No. 37

About approval of the Regulations on the Interdepartmental commission on holding procedures of purchases in case of construction

Based on Item 5 of the Presidential decree of the Republic of Belarus of June 7, 2019 No. 223 "About purchases of goods (works, services) in case of construction", subitem 5.6 of Item 5 of the Regulations on the Ministry of Architecture of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 973, the Ministry of Architecture of the Republic of Belarus DECIDES:

1. Approve Regulations on the Interdepartmental commission on holding procedures of purchases in case of construction it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Architecture of the Republic of Belarus of June 14, 2019 No. 37

Regulations on the Interdepartmental commission on holding procedures of purchases in case of construction

1. The interdepartmental commission on holding procedures of purchases in case of construction (further - the Interdepartmental commission) is the permanent body created on interdepartmental basis under the Ministry of Architecture.

2. The interdepartmental commission in the activities is guided by the Constitution of the Republic of Belarus, the laws of the Republic of Belarus, acts of the President of the Republic of Belarus, the orders of the Government of the Republic of Belarus, this Provision and other regulatory legal acts.

3. The main objectives of the Interdepartmental commission are:

3.1. coordination of activities of republican state bodies, local executive and administrative organs for development of single methodology in the field of the organization and holding procedures of purchases of goods (works, services) in case of construction;

3.2. assistance to expansion of competitive environment in construction by increase in efficiency of holding procedures of purchases in case of construction;

3.3. the analysis of practice of holding procedures of purchases in case of construction, informing on its results of the Ministry of Architecture;

3.4. consideration of claims of participants of procedures of purchases in case of construction to the conclusion of agreements by results of holding procedures of the purchases when constructing facilities worth over 100 000 basic sizes financed fully or partially by means republican or local budgets, including the state trust budget funds, and also the state non-budgetary funds, external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus, the loans of the banks of the Republic of Belarus attracted under guarantees of the Government of the Republic of Belarus, regional executive committees and the Minsk city executive committee.

4. The interdepartmental commission has the right:

4.1. request from organizers, customers, participants required materials on the organization of work of tender committees and the carried-out procedures of purchases in case of construction;

4.2. invite employees of republican state bodies, local executive and administrative organs, the organizations to the meetings, to request and obtain at them according to the legislation information for discussion and preparation of offers on the questions connected with holding procedures of purchases in case of construction;

4.3. consider claims of subjects of managing if they conform to the requirements established in subitem 3.4 of Item 3 this provision.

Consideration of claims of legal entities or individual entrepreneurs is performed based on documents (letters, licenses, certificates and others) from which follows that their rights were violated.

5. By consideration of claims to the conclusion of agreements by results of holding procedures of purchases in case of construction the Interdepartmental commission has the right:

5.1. involve on contract basis at the expense of means of the concerned party (in case of its consent) specialists to preparation of the conclusion in cases in point;

5.2. make offers on cancellation of results of holding procedures of purchases in case of construction;

5.3. address in accordance with the established procedure to bodies, authorized to make decisions on the violations revealed by it.

6. Decisions according to claims are made by the Interdepartmental commission within 30 days from the date of their submission of procedures of purchases by participants in case of construction.

In need of studying of accessory materials during consideration of the claim term can be prolonged, but no more than for 15 days.

7. The interdepartmental commission is headed by the deputy minister of architecture and construction who is its chairman. The commission chairman has the deputy. For ensuring work of the Interdepartmental commission the secretary is appointed.

8. The chairman of the Interdepartmental commission directs activities of the Interdepartmental commission.

9. The secretary of the Interdepartmental commission provides its convocation, draws up protocols of meetings, controls execution of the made decisions, constitutes work plans of the Interdepartmental commission.

10. Meetings of the Interdepartmental commission are held as required. Members of the Interdepartmental commission participate in meetings without the replacement right. The chairman, and in its absence - the deputy directs holding meetings of the Interdepartmental commission.

11. The interdepartmental commission is competent to make decisions in the presence at meeting at least a half of her members. The decision of the Interdepartmental commission is made by a simple majority vote (open voting). In case of equality of votes the decision for which voted presiding over meeting of the Interdepartmental commission is made.

12. Decisions of the Interdepartmental commission are reflected in protocols which are signed by the chairman at meeting and the secretary. Decisions of the Interdepartmental commission on claims go to the customer (organizer), the participant who made the complaint during five workers from the date of decision making.

13. Decisions of the Interdepartmental commission can be appealed in the court according to the procedure established by the legislation.

14. The Ministry of Architecture takes measures on financial, organizational technically and information methodically to ensuring work of the Interdepartmental commission.

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