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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 15, 2012 No. 229

About enhancement of the relations in the field of purchases of goods (works, services) at the expense of own means

(The last edition from 24-07-2019)

For the purpose of enhancement of the relations in the field of purchases of goods (works, services) at the expense of own means the Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. the republican unitary enterprises, state bodies, national associations, other legal entities whose property is in republican property or economic societies in which authorized capitals more than 25 percent of shares (shares) belong to the Republic of Belarus or the organizations which property is in republican property, except for operators of cellular mobile telecommunication (further - the organizations) conduct procurement, except for public procurements, goods (works, services) (purchases through own means) according to this resolution if other is not established by legal acts;

1.2. operation of this resolution, except for parts two of subitem 2.10 of Item 2, does not extend to purchases of goods (works, services) at the expense of own means according to appendix 1.

2. Determine that:

2.1. the organization conducts procurement through own means using tenders, electronic auctions and other types of competitive procedures of purchases, and also procurement procedure from one source.

Types of such procedures, and also conditions of their application and carrying out, the requirement to the conclusion and execution of purchase agreements, and also other provisions connected with implementation of purchases by the organization at the expense of own means are determined by the organization according to the procedure of implementation of purchases at the expense of own means (further - procedure for purchases at the expense of own means) taking into account the requirements containing in subitems 2.2-2.16 of this Item.

The procedure for purchases at the expense of own means affirms:

the head of the organization if the organization are the republican unitary enterprise, national association, state body, other legal entity whose property is in republican property;

the board of directors (supervisory board), board (directorate) or the director (CEO) if the organization is the economic society determined in subitem 1.1 of Item 1 of this resolution.

The procedure for purchases at the expense of own means is placed in open access in the information system "Tenders" on the website of information republican unitary enterprise "National Center of Marketing and Price Situation" (further - the information system "Tenders") within three working days after its approval;

2.2. the procurement procedure from one source is understood as method of the choice of the supplier (the contractor, the contractor) in case of which the organization suggests to sign the purchase agreement only to one supplier (the contractor, the contractor).

The procurement procedure from one source can be applied if:

there was urgent need in purchase, and application of competitive procedures of purchases is impossible owing to lack of necessary time for their carrying out;

by the organization which conducted procurement at certain supplier (the contractor, the contractor) it is determined that additional purchase in quantity (amount) which is not exceeding the number (amount) of initial purchase in view of need of ensuring compatibility with earlier purchased goods (works, services) shall be made at the same supplier (the contractor, the contractor);

the competitive procedure for procurement or part (lot) of subject of procurement procedure is acknowledged cancelled and its repeated carrying out is inexpedient.

Procurements using procurement procedure from one source are conducted at producers or their sales organizations (official sales representatives) including included in the Register of producers of goods (works, services) and their sales organizations (official sales representatives) which maintaining is performed by the information republican unitary enterprise "National Center of Marketing and Price Situation", except as specified, when such purchases are economically inexpedient or impossible.

For the purposes of this resolution it is necessary to understand as the sales organization (the official sales representative):

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