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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 7, 2019 No. 223

About purchases of goods (works, services) in case of construction

(Extraction)

For the purpose of further development of the competition in construction, ensuring decrease in its cost and improvement of quality:

1. Determine that in case of construction with attraction completely or partially means republican or the local budgets, 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 Gorispolkom:

1.1. purchases of works, services are performed by carrying out the contract biddings or negotiations if other is not established by this Decree;

1.2. procurements of goods are conducted by tendering on purchase of goods in case of construction (further - the biddings), negotiations or the exchange auction held according to the legislation on commodity exchanges (further - the exchange biddings), except for the public procurements of medical products conducted according to the procedure, determined by the legislation on public procurements;

1.3. when implementing purchases of goods (works, services) in case of construction the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)" is not applied;

1.4. carrying out the contract biddings is obligatory in case of construction cost of objects of 6 thousand basic sizes and more, except as specified, provided in subitems 1.6 and 1.8 of this Item, and other cases determined by the President of the Republic of Belarus;

1.5. when constructing facilities on which carrying out the contract biddings according to subitem 1.4 of this Item obligatory is obligatory also carrying out the contract biddings, the biddings or the exchange biddings (concerning goods, obligation of the conclusion of transactions with which at the exchange biddings is established by the legislation on commodity exchanges) is if other is not provided by the President of the Republic of Belarus, in case of placement of orders, necessary for construction, on:

development of preproject (pre-investment) documentation if its development is provided by legal acts;

accomplishment of project and prospecting works;

purchase of goods if the cost of each their type constitutes 3 thousand basic sizes and more;

rendering engineering services worth 3 thousand basic sizes and more;

accomplishment of separate types of construction, installation, special and other works if the cost of each their type constitutes 3 thousand basic sizes and more;

1.6. carrying out the contract biddings, the biddings or the exchange biddings is not obligatory in cases when:

paragraph two - for office use;

the contract biddings, the biddings or the exchange auction held in accordance with the established procedure are acknowledged cancelled owing to the fact that the winner participant is not determined or refused the conclusion of the agreement;

the general project organization, general contract organization sign agreements with legal entities, individual entrepreneurs (subcontractors) on accomplishment (rendering) of separate types of project, prospecting, construction, installation, special and other works (services) in construction;

agreements are signed on:

performance of works on running repair;

conducting designer's service of construction in case of impossibility of implementation by developer of the project documentation of such supervision (in case of liquidation (the activities termination) of developer of the project documentation, availability of other circumstances excluding its activities);

modification and amendments in the project documentation on the instructions of the customer;

accomplishment by contract organization of the extra works which are not considered in project including estimate, documentation on asset construction which need of accomplishment arose in course of execution of the construction contract, with the subsequent modification in project, including estimate, documentation according to the procedure, established by the legislation;

lease of the equipment necessary for accomplishment of separate types of construction, installation, special and other works;

1.7. in the cases provided in subitem 1.6 of this Item, purchase of goods (works, services) in case of construction are performed at the choice of the customer by carrying out the contract biddings, the biddings, negotiations or the exchange biddings;

1.8. the right without implementation of procedures of purchases of goods (works, services) in case of construction according to this Decree is granted and procedures of public procurements according to the legislation on public procurements of goods (works, services) to determine:

the general contract organization in case of construction of apartment houses from designs of panel, large-panel and volume and block housing construction performing construction of apartment houses from the specified self-produced designs if such construction is caused by requirements of the town-planning documentation developed in accordance with the established procedure, - in the decision of local executive and administrative organ on withdrawal and provision of the parcel of land;

the general project organization, general contract organization, the engineer (the engineering organization) when constructing facilities included in the state investing programs - to Council of Ministers of the Republic of Belarus;

the general project organization, general contract organization, subcontract project, construction and other organizations in case of the conclusion of construction agreements of objects of the Belarusian power system, performance of works, rendering the services, purchase of goods necessary for construction of such objects according to the list of the objects determined by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus - to Council of Ministers of the Republic of Belarus;

the specialized organizations subordinated to the Ministry of Emergency Situations in case of work on liquidation and burial of the objects, unsuitable for further use, located in the territory of radioactive pollution in zone of first-priority settling out, zone of the subsequent settling out, zone with the right to settling out and also in the territories of settlements on which decisions on settling out were made, - to the Ministry of Emergency Situations;

the organizations in case of purchase of goods (works, services) for implementation of emergency restoring repair of capital structures (buildings, constructions), liquidation of emergency or emergency situations (in coordination with state body (organization) to which it is subordinated or part (system) of which the customer, and in case of absence of such state body (organization) - in coordination with local executive and administrative organs in the location of the customer is) - to customers;

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