LAW OF THE REPUBLIC OF BELARUS

of July 13, 2012 No. 419-Z

About public procurements of goods (works, services)

Accepted by the House of Representatives on June 27, 2012

Approved by Council of the Republic on June 29, 2012

Chapter 1. General provisions

Article 1. Main terms and their determinations

In this Law the following main terms and their determinations are used:

public procurement – purchase of goods (works, services) fully or partially at the expense of budgetary funds and (or) means of state non-budgetary funds receivers of such means, and also the relations connected with agreement performance of public procurement, including the agreement of lifecycle in case of its conclusion (further if other is not established by this Law, – the agreement);

the state information and analytical management system public procurements (further – the state information and analytical system) – set of databanks, information technologies and complex of the program technical means providing forming, processing, the analysis, control, storage and provision of information on public procurements;

the agreement of lifecycle – the agreement which subject are purchase of goods or works, the subsequent servicing, repair and (or) operation during service life and (or) utilization of the acquired goods or the object created as a result of performance of work;

the customer – the legal entity or the individual entrepreneur conducting public procurement including through the separate division of the legal entity (including branch or representation) authorized on behalf of this legal entity;

starting price of electronic auction – the price, starting with whom the participants admitted to trading having the right to stake during trading, determined based on the ceiling price of subject of public procurement, and in case of application of the preferential amendment determined as well taking into account the size of such preferential amendment according to the procedure, established by Council of Ministers of the Republic of Belarus;

uniform goods (works, services) – the goods (works, services) relating to one subspecies of the nation-wide qualifier of the Republic of Belarus "Products qualifier by types of economic activity";

the operator of the state information and analytical system – the legal entity providing functioning of the state information and analytical system;

the operator of electronic trading platform – the legal entity owning electronic trading platform and providing it functioning;

the organizer – the legal entity performing part of functions of the customer on the organization and holding procedures of public procurements;

estimated cost of annual need for uniform goods (works, services) – the expected cost of need for uniform goods (works, services) for financial year;

estimated cost of total requirement in uniform goods (works, services) – the expected cost of need for uniform goods (works, services) for the term of implementation of public procurement, the exceeding financial year;

features of implementation of public procurements – other, than is provided by this Law, legal regulation of the relations arising in connection with implementation of public procurements including planning of public procurements, the choice of the supplier (the contractor, the contractor) and the relations connected with the conclusion, execution, change and agreement cancelation;

the official site – the website on the global computer Internet determined by Council of Ministers of the Republic of Belarus for placement on it of information containing in the state information and analytical system;

the ceiling price of subject of public procurement – the maximum cost of subject of public procurement including expected benefits amount the customer to the supplier (the contractor, the contractor) for delivery or acquisition different way (further if other is not established by this Law, – delivery) goods (performance of works, rendering services), the value added tax and other taxes, charges (duties), other obligatory payments;

the offer – set of the provided documents of legal entity or physical person, including the individual entrepreneur participating in the procedure of public procurement according to which it suggests to deliver or realize otherwise goods (to perform works, to render services);

subject of public procurement – the goods (works, services) determined by the customer for acquisition within the procedure of public procurement;

the preferential amendment – provision of benefit to goods (works, services) offered by participants;

the procedure of public procurement – the sequence of actions of the customer (organizer) and the commission on public procurements regulated by this Law (further – the commission) (in case of its creation) at the choice of the supplier (the contractor, the contractor) from decision making about holding procedure of public procurement to the conclusion of the agreement or cancellation of the procedure of public procurement or recognition its cancelled if other is not established by this Law;

works – activities which results have material expression and can be used for requirements satisfaction of the customer;

rate – bid price of the participant admitted to trading, at the specific moment of the biddings, received as a result of its actions for decrease in starting price of electronic auction;

goods – things, except for money, securities, currency values, other property, including property rights, including provided according to the lease agreement (including finance lease (leasing)), and also property rights on results of intellectual activities;

the biddings – stage of electronic auction during which decrease in starting price of electronic auction is performed;

services – activities which results have no material expression are implemented and consumed in the course of implementation of these activities;

bid price – the cost of goods (works, services) offered by the participant, including including the value added tax and other taxes, charges (duties), other obligatory payments, and also other expenses paid by the participant in connection with agreement performance in case of recognition by his winner participant;

centralization of public procurements – the organization and holding procedures of public procurements of uniform goods (works, services) by the organizer for needs of several customers;

step of electronic auction – the size of decrease in starting price of electronic auction when tendering established by Council of Ministers of the Republic of Belarus;

electronic trading platform – the information trade system intended for the organization and holding procedures of public procurements in electronic format, access to which is provided via the website on the global computer Internet.

Article 2. Coverage of this Law

1. This Law governs the relations arising in connection with implementation of public procurements including planning of public procurements, the choice of the supplier (the contractor, the contractor) and the relations connected with the conclusion, execution, change and agreement cancelation.

Legal acts or resolutions of Council of Ministers of the Republic of Belarus can:

be established cases when purchases of goods (works, services) are performed according to the procedure, stipulated by the legislation about public procurements, irrespective of financing source;

be determined financing sources at the expense of which purchases of goods (works, services) are performed according to the procedure, stipulated by the legislation about public procurements.

2. Operation of this Law does not extend on:

the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, parking places, their parts relating to fixed assets of the machines, the equipment, vehicles, other personal estate which are in state-owned property, property of economic societies, more than fifty percent of shares (share in authorized funds) of which belongs to the state;

the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, their parts for implementation of operational search activities, ensuring national security of the Republic of Belarus;

conclusion of lease agreements of the parcels of land;

the conclusion of lease agreements of the property which is located abroad;

implementation of ministerial procedures;

the relations connected with forced withdrawal of property for the purpose of ensuring national security of the Republic of Belarus, its economic stability, protection of the rights and legitimate interests of the Belarusian legal and (or) physical persons, interests of society and the state which are regulated by the law.

3. By the president of the Republic of Belarus in exceptional cases taking into account international treaties of the Republic of Belarus spheres of the relations and (or) cases of implementation of public procurements to which operation of this Law or its separate requirements, and also features of holding procurement procedure from one source do not extend can be determined.

Article 3. Legal regulation of the relations in the sphere of public procurements

1. The relations in the sphere of public procurements are governed by the Civil code of the Republic of Belarus, this Law and other acts of the legislation, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Main objectives and the principles in the sphere of public procurements

Main objectives and the principles in the sphere of public procurements are:

effective expenditure of budgetary funds and (or) means of state non-budgetary funds;

publicity and transparency when implementing public procurements;

ensuring development of the competition;

providing the fair and impartial attitude towards potential suppliers (contractors, contractors);

stimulation of innovations;

greening of public procurements;

professionalism when implementing public procurements;

support to domestic suppliers (contractors, contractors) in that measure in which it does not contradict international treaties of the Republic of Belarus;

prevention of corruption.

Article 5. National treatment concerning goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services)

The national treatment is understood as the admission of goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services), to participation in procedures of public procurements on equal terms with goods (works, services) of domestic origin and suppliers (contractors, contractors) offering such goods (works, services).

If other is not established by legal acts, when implementing public procurements the national treatment is applied to goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services) if the similar mode is set by foreign state (group of foreign states) concerning goods (works, services) of domestic origin and suppliers (contractors, contractors) offering such goods (works, services).

Article 6. Information and analytical support of public procurements

1. For the purpose of information and analytical support of public procurements it is created and functions according to the procedure, established by Council of Ministers of the Republic of Belarus, the state information and analytical system which interaction with other state information systems, the state information resources, electronic trading platforms and trade systems of commodity exchanges provides forming, processing, the analysis, control, storage and provision of information on public procurements.

2. The state information and analytical system contains:

acts of the legislation on public procurements;

annual plans of public procurements;

the competitive documents, auction documents, documents provided to legal entity or physical person including to 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 (further if other is not established by this Law, – the documents provided for preparation of the offer), requests about explanation of the documents provided for preparation of the offer and answers to them;

protocols of opening, consideration of offers and the admission of participants to assessment and comparison of offers, protocols of assessment and comparison of offers, the choice of the winner participant or recognition of open tender cancelled, protocols of opening and consideration of offers for participation in the first stage of two-stage tender, protocols of preliminary selection of participants, protocols of opening, consideration of offers and admission to trading, protocols of the choice of the winner participant or recognition of electronic auction cancelled, protocols of assessment and comparison of offers, the choice of the winner participant or recognition of the procedure of request of price offers cancelled (further if other is not established by this Law, – protocols of commission sessions), decisions of customers (organizers) on cancellation of the procedure of public procurement, protocols of the operator of electronic trading platform on recognition of open tender, electronic auction, procedures of request of price offers cancelled;

the register of claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission and (or) its members, the operator of electronic trading platform given to authorized state body on public procurements (further – the register of claims);

register of agreements;

certificates of holding procurement procedure from one source;

information on conditions of the admission of goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services), to participation in procedures of public procurements;

the list of foreign states (groups of foreign states) with which the Republic of Belarus signs the international contracts on mutual application of national treatment when implementing public procurements, and also conditions of application of national treatment;

supplier list (contractors, contractors) who are temporarily not allowed to participation in procedures of public procurements (further if other is not established by this Law, – the list);

standard forms of agreements if they are established by Council of Ministers of the Republic of Belarus;

addressing (hyperlink) to the register of bank guarantees;

information on the prices developing in the goods markets as a result of procedures of public procurements;

addressing (hyperlink) to the Eurasian register of manufactured goods of state members of the Eurasian Economic Union;

other information established by this Law and Council of Ministers of the Republic of Belarus.

3. Information containing in the state information and analytical system is public taking into account requirements of the legislation on information, informatization and information security, it takes place and provided gratuitously with use of the official site.

The data on public procurements constituting the state secrets or relating to office information of limited distribution in the state information and analytical system and on electronic trading platforms taking into account provisions of this Law are not placed.

Chapter 2. State regulation in the sphere of public procurements

Article 7. Implementation of state regulation in the sphere of public procurements

State regulation in the sphere of public procurements is performed the President of the Republic of Belarus, by Council of Ministers of the Republic of Belarus, authorized state body on public procurements, other state bodies (organizations) within their competence.

Article 8. Powers of the President of the Republic of Belarus in the sphere of public procurements

The president of the Republic of Belarus in the sphere of public procurements:

determines single state policy;

determines authorized state body by public procurements and the operator of the state information and analytical system;

performs other powers according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 9. Powers of Council of Ministers of the Republic of Belarus in the sphere of public procurements

Council of Ministers of the Republic of Belarus in the sphere of public procurements:

provides carrying out single state policy;

signs intergovernmental contracts of the Republic of Belarus, takes measures for implementation of international treaties of the Republic of Belarus;

determines electronic trading platforms for holding procedures of public procurements on them;

establishes the preferential amendment taking into account international treaties of the Republic of Belarus, determines its size, goods (works, services) and participants for application of the preferential amendment, and also procedure and conditions of its application, including the documents and (or) data confirming the right to application of the preferential amendment;

establishes the preferential amendment to the relation of goods (works, services) self-produced the organizations of the Republic of Belarus in which the number of disabled people constitutes at least fifty percent of payroll number of workers, determines its size, goods (works, services) and participants for application of the preferential amendment, and also procedure and conditions of its application, including the documents and (or) data confirming the right to application of the preferential amendment;

determines persons performing fee of the organizer, operator of electronic trading platform and establishes procedure for determination of the amount of such payment;

the efficiency of public procurements having the right to establish for the purpose of increase additional requirements to goods (works, services) which are subject of public procurement and participants, including regarding work experience and (or) experience of execution of the agreements signed in the corresponding sphere of activity, technical equipment, the financial and other opportunities necessary for agreement performance;

has the right to establish features of implementation of public procurements, including concerning separate types of goods (works, services), taking into account international treaties of the Republic of Belarus;

has the right to establish conditions of the admission of goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services), to participation in procedures of public procurements taking into account international treaties of the Republic of Belarus;

has the right to establish procedure and (or) additional requirements to the organization and holding procurement procedure from one source, including cases and procedure for its carrying out on electronic trading platform;

has the right to establish standard forms of agreements in the sphere of public procurements, including concerning separate types of goods (works, services);

has the right to determine state bodies (organizations) responsible for preparation and approval in coordination with authorized state body by public procurements of standard consumer, functional, technical, qualitative and operational performances (characteristics) of separate types of goods (works, services) obligatory to use in case of the description of subject of public procurement;

determines procedure for creation, functioning and use of the catalog of goods (works, services) for the purposes of implementation of public procurements;

performs other powers according to the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.

Article 10. Powers of authorized state body on public procurements

Authorized state body on public procurements:

pursues single state policy in the sphere of public procurements and within the competence performs coordination of activities of other state bodies (organizations) in the sphere of public procurements;

exercises control of compliance with law about public procurements, including performs in the location of authorized state body on public procurements based on studying of the documents and information received by it according to this Law and other acts of the legislation without reclamation from the checked subject of other documents and information (further – cameral check);

makes explanations on the questions connected using the legislation on public procurements;

approves regulations on the commission;

approves form of the annual plan of public procurements and approximate document forms according to procedures of public procurements;

establishes procedure for forming and maintaining the register of claims;

considers claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission and (or) its members, commodity exchange, the operator of electronic trading platform;

establishes procedure and (or) methods of ceiling determination of price of subject of public procurement;

has the right to establish procedure and (or) methods of determination of estimated cost of annual need for uniform goods (works, services), the estimated cost of total requirement in uniform goods (works, services) (further – the estimated cost of annual (general) need for uniform goods (works, services));

has the right to establish additional requirements to contents of offers and (or) their form;

establishes procedure for forming and maintaining the register of agreements;

establishes procedure for forming and maintaining the list, makes the decision on inclusion in the list or on early exception of it, determines cases of early exception of the list, and also creates and keeps the list;

cooperates in the sphere of public procurements with foreign and international legal entities (the organizations, not being legal entities);

performs other powers according to this Law and other acts of the legislation on public procurements.

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