RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 15, 2010 No. 1486

About approval of the Regulations on procedure for the organization and carrying out tender on provision to operators of telecommunication of the right to the omission of the international traffic and accession to networks of telecommunication of foreign states

According to article 11 of the Law of the Republic of Belarus of July 23, 2008 "About Council of Ministers of the Republic of Belarus" for the purpose of stimulation of development of services of telecommunication and the competition in this segment, and also the Council of Ministers of the Republic of Belarus DECIDES: attraction of domestic and foreign investments to the sphere of information and communication technologies, improvement of quality and availability of the rendered services of telecommunication

1. Approve the enclosed Regulations on procedure for the organization and carrying out tender on provision to operators of telecommunication of the right to the omission of the international traffic and accession to networks of telecommunication of foreign states.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 15, 2010 No. 1486

Regulations on procedure for the organization and carrying out tender on provision to operators of telecommunication of the right to the omission of the international traffic and accession to networks of telecommunication of foreign states

Chapter 1. General provisions

1. This Provision establishes procedure for the organization and carrying out tender on provision to operators of telecommunication of the right to the omission of the international traffic and accession to networks of telecommunication of foreign states (further - tender).

2. In this Provision the following terms and their determinations are applied:

the applicant - the legal entity or the individual entrepreneur who requested and received in accordance with the established procedure competitive documents registered in the procedure established by the legislation;

the participant - the legal entity or the individual entrepreneur who provided in accordance with the established procedure the competitive offer registered in the procedure established by the legislation.

3. Subject of tender is provision in the procedure established by the legislation to the winner of tender of the right to the omission of the international traffic and accession to networks of telecommunication of foreign states.

4. The organization and carrying out tender are performed in accordance with the established procedure by the Ministry of Communications and Informatization (daleeorganizator) according to the decisions on carrying out such tender made by Council of Ministers of the Republic of Belarus.

5. The operator of telecommunication by the time of the announcement of tender having the right to the omission of the international traffic and accession to networks of telecommunication of foreign states cannot be the participant of tender.

Chapter 2. Interdepartmental commission on the organization and carrying out tender

6. For the organization and carrying out tender, including development of competitive documents, the organizer creates interdepartmental tender committee (further - tender committee) which structure is created in coordination with the interested state bodies subordinated to Council of Ministers of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus and other state organizations.

The tender committee can be created for the organization of carrying out one tender or for certain period, as a rule, for one year.

Competitive documents after their approval by the organizer are subject to approval of Operational analytical center in case of the President of the Republic of Belarus concerning rendering services of data transmission, services of telephony in the IP protocol and other questions within its competence.

7. Members of tender committee:

participate in meetings of tender committee without the replacement right;

bear responsibility (as well as the specialists recruited in its work, experts or authorized representatives who are present at its meeting) for disclosure of information which according to conditions of tender constitutes the state secrets or other secret protected by the law;

have the right to apply to the protocol motivated objections in writing in case of disagreement with the solution of tender committee, and also to express special opinions which are drawn up by them in writing and are applied to the protocol of work of tender committee.

Work of tender committee will be organized in the form of meetings. Meetings of tender committee are held as required and are considered competent if at them there are at least two thirds of its structure.

The decision of tender committee is made by a simple majority vote from number of attendees at meeting by vote and drawn up by the minutes of tender committee.

In case of dismissal (dismissal) of the specialist included in structure of tender committee, its numerical structure is determined without the dismissed (dismissed) specialist.

8. The organizer does not bear responsibility to participants of tender, applicants in case of the announcement of tender cancelled in the cases determined in this Provision.

9. Material logistics of activities of tender committee is performed by the organizer.

10. The payment for participation in tender is not levied. For the purpose of confirmation by the participant of the undertaken obligations by the organizer competitive providing can be established.

11. All explanations of competitive documents, and also other correspondence between the organizer, participants, applicants connected with carrying out tender it is conducted in Russian or Belarusian.

Chapter 3. Competitive documents. Notification on carrying out tender.

Procedure for obtaining and explanation of competitive documents

12. Competitive documents shall contain:

information about the organizer of tender;

data on the place, date and time of acceptance of competitive offers and carrying out tender;

description of subject of tender;

requirements to participants of tender, procedure for preparation and submission of competitive offers;

requirements to legal entities and individual entrepreneurs who can be participants of tender;

the requirements to participants concerning their economic and financial position;

requirements to form and content of competitive offers;

requirements to provision of competitive providing;

procedure for submission of competitive offers;

procedure for explanation of competitive documents;

procedure and terms of response or change by participants of the competitive offers, and also changes of competitive documents;

contact information of the organizer for refining and receipt of the additional information;

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