RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 24, 2008 No. 1398

About procedure for carrying out tender

According to Item 1 of the Presidential decree of the Republic of Belarus of August 26, 2008 "About some questions of carrying out tenders on the right of accomplishment of motor transportations of passengers in the regular message" the Council of Ministers of the Republic of Belarus DECIDES: No. 444

1. Approve Regulations on procedure for carrying out tender on the right of accomplishment of motor transportations of passengers in the regular message it (is applied).

2. To republican state bodies, local executive and administrative organs to bring the regulatory legal acts into accord with this resolution and to take other measures for implementation of this resolution.

3. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 24, 2008 No. 1398

Regulations on procedure for carrying out tender on the right of accomplishment of motor transportations of passengers in the regular message

Chapter 1. General provisions

1. This Provision determines procedure for carrying out tenders on the right of accomplishment of motor transportations of passengers in the regular message (further - tender).

2. The legal entities and individual entrepreneurs having license for activities in the field of road transport with the corresponding constituting works and (or) services can take part in tender.

3. Subject of tender is the right of accomplishment of city, suburban, long-distance intraregional and long-distance interregional motor transportations of passengers in the regular message. Within one tender lot – the right of accomplishment of transportations can be determined by one or several routes, but no more than five (further – lot).

4. Decisions on carrying out tenders on the right of accomplishment of city, suburban, long-distance intraregional, long-distance interregional motor transportations of passengers in the regular message are accepted by customers of such transportations – local executive and administrative organs (further – the customer) or according to their written order – operators of motor transportations of passengers (further – the operator).

If lot provides the right of accomplishment of transportations along several routes and at the same time local executive and administrative organs of different territorial level act as customers of transportations, decisions on carrying out tenders are made by higher local executive and administrative organs or according to their written order – operators.

5. The customer or the operator will organize carrying out tender (further – the organizer of tender).

6. For the organization of carrying out tender the commission on carrying out tender (further – tender committee) which staff are created and affirms the customer or the operator in coordination with the customer is created.

In case of decision making about carrying out tender according to part two of item 4 of this provision the members of tender committee are created and affirms the local executive and administrative organ which made such decision or the operator in coordination with this body.

Tender committee customer representatives, the operator, and also Transport inspection of the Ministry of Transport and Communications, the State automobile inspection of the Ministry of Internal Affairs are included (in the presence of the consent of the specified organizations).

7. Members of tender committee shall perform the powers personally, not disclose information on activities of the participant of tender which is trade secret.

Commission session is considered competent if at it there are at least 2/3 structures of the commission.

8. The decision of tender committee is made by open voting by a simple majority vote of members of the commission. In case of equal distribution of voices the decision for which the chairman of tender committee voted is deemed accepted. The solution of tender committee is drawn up by the protocol which is signed by the chairman or the vice-chairman (in case of absence of the chairman) and the secretary of tender committee.

If the member of tender committee has the note according to the made decision or does not agree with it, then he has the right to state in writing the special opinion which is applied to the minutes of tender committee.

Chapter 2. Organization of tender

9. The organizer of tender publishes the notice on carrying out tender at least in 15 days prior to its carrying out.

The notice shall contain the following information:

name of the customer;

tender subject;

end date of acceptance of competitive offers and the address to which they move, contact phone number;

place, date and time of carrying out tender;

procedure for carrying out tender, including registration of participation in tender and determinations of the winner of tender;

other information on carrying out tender.

Day of publication of the notice on carrying out tender is day of its announcement.

Information on carrying out tender is published in republican and (or) local mass media and on the websites of the organizer of tender on the Internet.

The organizer of tender also has the right to inform in addition on carrying out tender by means of mailing of notifications to automobile carriers.

Acceptance of competitive offers comes to an end not earlier than before three working days before date of tender.

10. Competitive documents are developed and affirm the organizer of tender and shall contain:

the statement on participation in tender;

questionnaire of the applicant;

the list of lots exposed on tender;

required quantity and necessary characteristics of buses for accomplishment of motor transportations of passengers on each lot;

operational mode in case of accomplishment of motor transportations of passengers on seasons, days of the week and within a day, the traffic pattern along each route included in lot;

requirements to the applicant;

the list of criteria for the choice of the best competitive offer and their assessment in points, evaluation procedure of competitive offers;

information on the place, date and time of consideration of competitive offers;

the draft agreement about the organization of motor transportations of passengers in the regular message along each route included in lot, and term of its conclusion;

information on procedure, place and final term of submission of competitive offers;

information on procedure and terms of response or change by applicants of the competitive offers;

information on procedure for explanation of competitive documents;

other data established by the organizer of tender.

11. Competitive documents are issued based on the written application of the automobile carrier which showed willingness to take part in tender (further – the applicant).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info