of August 17, 2006 No. 1053
About approval of the Regulations on carrying out tender on the right of rendering universal services of telecommunication
According to article 45 of the Law of the Republic of Belarus of July 19, 2005 "About telecommunication" the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on carrying out tender on the right of rendering universal services of telecommunication.
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 17, 2006 No. 1053
1. This Provision developed according to article 45 of the Law of the Republic of Belarus of July 19, 2005 "About telecommunication" (The national register of legal acts of the Republic of Belarus, 2005, No. 122, 2/1142), determines procedure for the organization and carrying out tender on the right of rendering universal services of telecommunication (further - tender) for the purpose of the choice of operators of telecommunication on the right of rendering universal services of telecommunication, and also procedure for the conclusion of the agreement on conditions of rendering these services.
2. The organization and carrying out tender are performed by the Ministry of Communications and Informatization (further - the organizer).
3. Tender is open.
4. Subject of tender is the right to rendering universal services of telecommunication in the territory of administrative and territorial unit (units) (further – lot).
5. Applicants (applicants) of tender are the operators of telecommunication who showed willingness to participate in tender and in accordance with the established procedure the submitted applications for participation in it.
Participants of tender are applicants (applicants) recognized by the contest committee to meeting requirements determined by competitive documents.
6. Competition is held on the following principles:
equal rights and legitimate interests of legal entities and individual entrepreneurs;
unities of requirements to participants of tender;
objectivity of assessment of competitive offers by the contest committee.
7. The decision on carrying out tender is made by the organizer. In the decision on carrying out tender date, time and the venue of tender, tender subject, information that tender is open, requirements to applicants (applicants) of tender, tender condition, and also criteria and evaluation procedure of competitive proposals of participants of tender are specified.
8. For carrying out tender it is created temporarily or the permanent contest committee (further - the commission). The organizer approves its members.
The commission consists of the chairman, the vice-chairman, the secretary and other members of the commission.
The member of the commission performs the powers personally and bears responsibility for observance in the activities of the rules established by the legislation, objectivity of the made decisions, and also for disclosure of information which is according to tender conditions trade secret.
The decisions made on commission session are drawn up by the protocol.
If the member of the commission has the note according to the procedure of carrying out tender or does not agree with the made decision, he has the right to state in writing the special opinion which is applied to the minutes of the commission.
9. The organizer determines the list of lots exposed on tender and also appoints the place, date and time of carrying out tender.
10. The notice on carrying out tender in time not later than 30 days before date of its carrying out is subject to obligatory placement by the organizer on the official website of the Ministry of Communications and Informatization on the global computer Internet and in printing mass media.
11. The notice on carrying out tender shall contain:
full name of the organizer;
data on the place, date and time of receipt of competitive documents;
short description of lot;
data on the place, date and time of the beginning and end of acceptance of competitive offers;
contact phone number of the organizer for refining and receipt of the additional information;
other data according to the legislation.
12. In the competitive documents developed by the organizer shall be specified:
the list of lots exposed on tender with the name of the corresponding administrative and territorial units;
the list of universal services of telecommunication in each lot concerning which competition is held;
requirements to applicants (applicants) of tender;
form and procedure for execution of requests and appendices to them, including requirements to execution of the competitive proposal of the applicant (applicant) of tender;
procedure, place, date and time of the beginning and end of order taking;
procedure for consideration of requests;
criteria, method of assessment and comparison of competitive proposals of participants of tender;
procedure, the place, date and time of opening of envelopes of participants of tender with competitive offers;
procedure for determination of the winner;
the draft agreement about conditions of rendering universal services of telecommunication;
procedure for the notice on results of tender;
the term during which the contract on conditions of rendering universal services of telecommunication with the winner of tender shall be signed.
13. The organizer in case of determination according to Item 12 of this provision of requirements to the applicant (applicant) of tender shall provide that:
the applicant (applicant) shall not be acknowledged in the procedure established by the legislation economically insolvent (bankrupt) (except for the legal entity who is in the procedure of sanitation), shall not be in process of liquidation or reorganization of the legal entity (except for the legal entity whom other legal entity joins) or in stage of the termination of activities of the individual entrepreneur;
property (part of property) of the applicant (applicant) it shall not be seized and/or its economic activity shall not be suspended.
14. From the date of the first placement of the notice on carrying out tender and before end date of order taking the commission on the address of the applicant (applicant) shall submit free of charge to it competitive documents.
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