of April 30, 2024 No. 34
About procedure and methods of ceiling determination of price of subject of public procurement
Based on the paragraph of the ninth of article 10 of the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "About public procurements of goods (works, services)", subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:
1. Approve Regulations on procedure and methods of ceiling determination of price of subject of public procurement it (is applied).
2. Declare invalid the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of April 12, 2019 No. 35 "About methods of determination of estimated cost of subject of public procurement".
3. This resolution becomes effective after its official publication.
First Deputy Minister |
I. V. Vezhnovets |
It is approved Ministry of Communications and Informatization of the Republic of Belarus |
|
Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of April 30, 2024 No. 34
1. This Provision establishes procedure and methods of ceiling determination of price of subject of public procurement.
2. For the purposes of this provision 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. The ceiling price of subject of public procurement is determined taking into account distribution of subject of public procurement in parts (lots).
If different goods act as subject of public procurement (work, service), the ceiling price of subject of public procurement can be calculated based on price information (rate) of all subject of public procurement or as the amount of the prices (rates) of all goods (works, services) included in subject of public procurement.
In case of ceiling calculation of price of subject of public procurement for the part (lot) including different goods (works, services), the ceiling price of subject of public procurement by this part (lot) can be calculated based on price information of all part (lot) of subject of public procurement or as the amount of the prices of all goods (works, services) included in part (lot) of subject of public procurement.
4. Ceiling determination of price of subject of public procurement is performed by preparation of competitive documents, auction documents, the documents provided to legal entity or physical person, including the individual entrepreneur, for preparation of the offer for the purpose of participation in the procedure of request of price offers, including the invitation to participation in the procedure of public procurement, and also after decision making about holding procurement procedure from one source using one or several of the following methods (except as specified, provided by part four of this Item, Items 16 and 17 of this provision):
method of studying of market situation;
project and estimate method;
method of comparison of similar expenses;
costly method;
normative method.
In case of application of several of the methods of ceiling determination of price of subject of public procurement specified in part one of this Item determination by the customer by ceiling (organizer) of price of subject of public procurement is performed in its smallest calculated size.
Upon transition to the repeated procedure of public procurement, procurement procedure from one source based on Item 7 of appendix to the Law of the Republic of Belarus "About public procurements of goods (works, services)" (further - appendix to the Law) need of ceiling repeated determination of price of subject of public procurement and (or) its part (lot) is determined by the customer (organizer) independently.
In case of implementation of actions in the field of ceiling digital development the price of subject of public procurement is determined proceeding from the amounts of financing provided on realization of this action by the technical data sheet of action in the field of digital development which received positive results of examination in the field of digital development.
5. The method of studying of market situation consists in ceiling determination of price of subject of public procurement based on the price information (rates) of goods (works, services) received in market analysis result.
The method of studying of market situation is priority for ceiling determination of price of subject of public procurement and can be applied as independently, and together with the different ways of ceiling determination of price of subject of public procurement specified in paragraphs the third or seventh to part one of item 4 of this provision. The different ways of ceiling determination of price of subject of public procurement specified in paragraphs the third or seventh to part one of item 4 of this provision are applied in the cases determined by Items 9-15 of this provision.
In case of application of method of studying of market situation the price information (rates) for goods (works, services) received taking into account commercial and (or) financial delivery conditions of goods (performance of work, rendering service), comparable to conditions of the procedure of public procurement planned to carrying out is considered.
6. For ceiling determination of price of subject of public procurement by method of studying of market situation it is used one or several of the following sources:
information containing in the register of agreements of public procurements, certificates of holding procedures of purchases from one source placed in the state information and analytical management system by public procurements (further - the state information and analytical system);
information on the prices developing in the goods markets as a result of procedures of public procurements placed in the state information and analytical system;
data of the state statistical reporting on the prices (rates) for goods (works, services);
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