RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 22, 2012 No. 778

About some measures for implementation of the Law of the Republic of Belarus "About public procurements of goods (works, services)"

According to paragraphs the thirteenth and twenty fourth Articles 1, Item 2 of Article 5, paragraphs the fourth - the sixth, eighth and ninth 8, parts two and third Item 1 of Article 18, Item 5 of Article 25, the paragraph third Item 2 of Article 26, Item 1 of Article 31, Items 2 and 3 of Article 41, Item 2 of Article 42, part two of Item 1 of Article 49, Item 1 of Article 51, the paragraph third article 62 of the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" the Council of Ministers of the Republic of Belarus DECIDES: Articles

1. Determine that:

1.1. for the purposes of this resolution terms are used in the values determined in the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" (The national legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1971);

1.2. the official site on the global computer Internet created for placement on it of information on public procurements and acts of the legislation on public procurements is the website http://www.icetrade.by (further - the official site);

1.3. operator of the official site is the information republican unitary enterprise "National Center of Marketing and Price Situation";

1.4. services of the operator of electronic trading platform in the organization and holding electronic auctions and procedures of request of price offers are paid by participants of these procedures of public procurements.

Services of the organizer in the organization and holding procedures of public procurements are paid by participants and (or) customers according to the procedure established by state body (organization) in subordination (structure, system) of which there is organizer or to which shares (share in authorized funds) of the organizer which are in state-owned property are transferred to the control. In case of holding electronic auctions and procedures of request of price offers such services are paid according to the specified procedure and regulations approved by operators of electronic trading platforms in whom introduction of payment to the operator of electronic trading platform with its transfer to the organizer after completion of electronic auction and the procedure of request of price offers can be provided.

The service fee, specified in parts one and the second this subitem, is determined by the operator of electronic trading platform, the organizer proceeding from the size of their economically reasonable costs (in case of profitability no more than 5 percent) and is subject to coordination with state body (organization), in subordination (structure, system) of which there is operator of electronic trading platform, the organizer or to which shares (share in authorized funds) of these legal entities are transferred to the control;

1.5. the procedure of request of price offers is applied in case of threshold value of estimated cost of annual requirement of public procurement:

goods more 300, but no more than 1000 basic sizes;

works (services) more 300, but no more than 3000 basic sizes;

1.6. the step of electronic auction constitutes percent 0,1 from starting price of electronic auction;

1.7. when carrying out tenders, electronic auctions, procedures of request of price offers the preferential amendment is applied in the amount of:

15 percent - in case of the offer the participant of goods (works, services) of origin of the Republic of Belarus and (or) the countries to which in the Republic of Belarus the national treatment according to international treaties of the Republic of Belarus is provided;

25 percent - in case of the offer the participant of goods (works, services) self-produced the organizations in which the number of disabled people constitutes at least 50 percent from payroll number of workers.

When carrying out tenders, procedures of request of price offers of the price of proposals of the participants specified in part one of this subitem decrease respectively by 15 or 25 percent for the purposes of comparison and assessment of offers. If as a result of application of the preferential amendment sequence number 1 (the first place) is appropriated to two and more offers, the winner participant determines the participant to whose bid price the preferential amendment was applied. If after that there were two and more participants to whose prices of offers the preferential amendment was applied, then in case of technically feasible separation of subject of public procurement into parts the amount (quantity) of goods (works, services) is in proportion distributed between these participants. In the absence of such opportunity the winner participant determines the participant whose proposal arrived before other such offers.

When holding electronic auctions in case of admission to trading of the participants specified in part one of this subitem:

the starting price of electronic auction determined as the estimated cost of public procurement is established by division of estimated cost of the purchase offered by the customer (organizer), respectively on 1,15 or 1,25;

the starting price of electronic auction determined by the smallest price from proposals of the participants admitted to trading is established by the choice of the smallest of the prices of these participants, at the same time the prices of the participants specified in part one of this subitem decrease by division respectively by 1,15 or 1,25;

during trading for the participants specified in part one of this subitem at the same time current bid and the rate corresponding to it increased by 15 or 25 percent respectively are displayed.

In case of the choice by the winner member of the participant specified in part one of this subitem, the contract for public procurement with such participant is signed: when carrying out tenders, procedures of request of price offers - on bid price of this participant, when holding electronic auctions - at the price of the last rate of this participant increased respectively by 15 or 25 percent.

The preferential amendment is not applied in the relation:

parts of goods (works, services) which are subject of public procurement, including its lot (part), specified in part one of this subitem;

goods (works, services) which are subject of public procurement when carrying out tenders and procedures of request of price offers in case of submission of offers only the participants having the right to application of the preferential amendment.

2. Approve enclosed:

Regulations on the commission created by the customer (organizer) under the organization and holding open tenders, closed competitions, electronic auctions or procedures of request of price offers;

Regulations on procedure for placement of information on public procurements and acts of the legislation on public procurements on the official site;

Regulations on procedure for accreditation on electronic trading platform;

the inventory (works, services) which public procurements are conducted using electronic auctions;

the inventory (works, services) which procedures of public procurements are carried out with participation of subjects of small and medium business;

the inventory (works, services) which public procurements daily and (or) weekly need is had;

the list of arms and military equipment which public procurements are conducted using procurement procedure from one source;

the inventory which public procurements are conducted using the exchange biddings of "Belarusian Universal Commodity Exchange" open joint stock company.

3. Determine that electronic auctions and procedures of request of price offers are carried out on electronic trading platforms by operators – the information republican unitary enterprise "National Center of Marketing and Price Situation" and "Belarusian Universal Commodity Exchange" open joint stock company.

4. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

4.1. in the resolution of Council of Ministers of the Republic of Belarus of June 13, 1994 No. 437 "About forming and order placement on delivery of goods (performance of works, rendering services) for republican state needs" (the joint venture of the Republic of Belarus, 1994, No. 17-18, of Art. 334; National register of legal acts of the Republic of Belarus, 2006, No. 207, 5/24361; 2009, No. 15, 5/29108; No. 44, 5/29298; 2010, No. 92, 5/31625; 2011, No. 15, 5/33238):

from the name and Item 1 of the word" (performance of works, rendering services)" to exclude;

to state preamble to the resolution in the following edition:

"The Council of Ministers of the Republic of Belarus DECIDES:";

in Regulations on the forming and order placement on delivery of goods (performance of works, rendering services) for republican state needs approved by this resolution:

" (performance of works, rendering services)" to exclude from the name of the word;

in the text of the word" (works, services)" to exclude;

in Item 1:

words "the laws of the Republic of Belarus of November 24, 1993 "About deliveries of goods for the state needs" (Belarus, 1993, No. 33, the Art. 432) and of May 5, 1998 "About the state forecasting and programs of social and economic development of the Republic of Belarus" shall be replaced with words Vyarkhochnaga Savet's Vedamastsi of Respubliki "The law of the Republic of Belarus of May 5, 1998 "About the state forecasting and programs of social and economic development of the Republic of Belarus";

words", the Presidential decree of the Republic of Belarus of November 17, 2008 No. 618 "About public procurements in the Republic of Belarus" (2008, No. 277, 1/10220) and other legislation on public procurements" to exclude the national register of legal acts of the Republic of Belarus;

third of Item 3 to state part in the following edition:

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