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

of April 12, 2019 No. 34

About procedure for conducting cameral check

Based on part one of Item 1 of article 54 of the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: No. 419-Z

1. Approve the Instruction about procedure for conducting cameral check it (is applied).

2. This resolution becomes effective since July 1, 2019.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of April 12, 2019 No. 34

The instruction about procedure for conducting cameral check

1. This Instruction determines procedure for conducting check by the location of the Ministry of anti-monopoly regulation and trade based on studying of the documents and information received by it according to the Law of the Republic of Belarus "About public procurements of goods (works, services)" and other acts of the legislation without reclamation from the checked subject of other documents and information (further - cameral check).

2. For the purposes of this Instruction terms and their determinations in the values established in the Law of the Republic of Belarus "About public procurements of goods (works, services)" are used.

3. Taken cognizance claim of the participant or other legal entity or physical person, including the individual entrepreneur, to actions (failure to act) and (or) decisions of the customer (organizer), the commission on public procurements (further - the commission) and (or) her members is the basis for carrying out by the Ministry anti-monopoly regulation and trade of cameral check, except as specified, determined by item 4 of this Instruction.

Cameral inspection is carried out without issue of the instruction on its carrying out.

4. In case of carrying out by the customer (organizer) closed competition, the procedure of request of price offers if data on public procurements constitute the state secrets, the exchange biddings, procurement procedure from one source cameral inspection is not carried out.

5. The withdrawal of the claim the participant or other legal entity or physical person, including the individual entrepreneur, is not the basis for the termination of cameral check.

6. During cameral check the following questions are subject to studying:

availability of subject of public procurement in the annual plan of public procurements placed on electronic trading platform;

justification of the choice by the customer (organizer) of type of the procedure of public procurement;

compliance of competitive documents, auction documents, the documents provided to legal entity or physical person including to the individual entrepreneur, for preparation of the offer for the purpose of participation in the procedure of request of price offers (further - the documents provided for preparation of the offer), protocols of opening, consideration of offers and the admission of participants to assessment and comparison of offers, protocols of assessment and comparison of offers, the choice of the winner participant or recognition of open tender cancelled, protocols of opening, consideration of offers and admission to trading, protocols of the choice of the winner participant or recognition of electronic auction cancelled, protocols of assessment and comparison of offers, the choice of the winner participant or recognition of the procedure of request of price offers cancelled, decisions of customers (organizers) on cancellation of the procedure of public procurement to requirements of the legislation on public procurements;

placement by the customer (organizer) on electronic trading platform of replies to the requests about explanation of the documents provided for preparation of the offer.

7. Results of cameral check during which violations of the law about public procurements are revealed are reflected in the act of cameral check which is placed on electronic trading platform no later than five working days from the date of suspension of the procedure of public procurement.

In the act of cameral check are specified:

the basis of purpose of cameral check, position, surname and initials of person who was carrying out cameral inspection;

date of cameral check, and also date and place of creation of the act of cameral check;

the name (surname, own name, middle name (in the presence) - for the individual entrepreneur), the location (residence), accounting number of the payer (in the presence) the customer (organizer);

questions which were subject to studying during cameral check;

the description of the fact of violation of the law about public procurements, the place and time of its making, specifying of regulations of acts of the legislation on public procurements which are broken by actions (failure to act) and (or) decisions of the customer (organizer), the commission and (or) its members.

The act of cameral check is signed by person who was carrying out cameral inspection.

8. By the customer (organizer) objections under the act of cameral check can be sent to the Ministry of anti-monopoly regulation and trade by means of electronic trading platform no later than three working days from the date of placement of the act of cameral check.

The omission of term of the direction of objection under the act of cameral check is the basis for refusal in its consideration.

9. Justification of the arguments stated in objections is studied by the Ministry of anti-monopoly regulation and trade, and on them the conclusion in writing which is placed on electronic trading platform before the expiration of suspension of the procedure of public procurement is constituted.

The conclusion is signed by the authorized officer of the Ministry of anti-monopoly regulation and trade and shall contain conclusion about legitimacy of the act of cameral check or about lack of violation of the relevant standards of the legislation on public procurements in actions and (or) decisions of the customer (organizer), the commission and (or) its members with reference to specific regulations of the legislation on public procurements.

10. Results of cameral check during which violations of the law about public procurements are not revealed are drawn up by the reference of cameral check which is placed on electronic trading platform no later than five working days from the date of suspension of the procedure of public procurement.

In the reference of cameral check are specified:

the basis of purpose of cameral check, position, surname and initials of person who was carrying out cameral inspection;

date of cameral check, and also date and place of creation of the reference of cameral check;

the name (surname, own name, middle name (in the presence) - for the individual entrepreneur), the location (residence), accounting number of the payer (in the presence) the customer (organizer);

questions which were subject to studying during cameral check;

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