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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 10, 2013 No. 798

About approval of the Regulations on procedure for the organization and carrying out tenders at the choice of the customer (builder) on construction of apartment apartment houses, except for apartment houses of the increased comfort, in Minsk and the regional centers

(as amended on 02-04-2020)

In pursuance of Item 3 of the Presidential decree of the Republic of Belarus of June 5, 2013 "About entering of amendments and changes into the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667" the Council of Ministers of the Republic of Belarus DECIDES: No. 258

1. Approve Regulations on procedure for the organization and carrying out tenders at the choice of the customer (builder) on construction of apartment apartment houses, except for apartment houses of the increased comfort, in Minsk and the regional centers it (is applied).

2. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 10, 2013 No. 798

Regulations on procedure for the organization and carrying out tenders at the choice of the customer (builder) on construction of apartment apartment houses, except for apartment houses of the increased comfort, in Minsk and the regional centers

Chapter 1. General provisions

1. This Provision determines procedure for the organization and carrying out tender at the choice of the customer (builder) by construction of apartment apartment houses, except for apartment houses of the increased comfort, in Minsk and the regional centers (further - tender).

2. For the purposes of this provision the following terms and their determinations are used:

the tender documentation - set of the documents containing initial information on the parcel of land and construction object (its part), and also conditions and the procedure of carrying out tender;

tender committee - the commission created by the organizer of tender for carrying out tender and determination of the winner;

the competitive offer - set of the documents containing proposals of the applicant on asset construction, and other documents provided by the tender documentation for participation in tender;

the winner of tender - the applicant whose competitive proposal meets the requirements of competitive documents and offered the best terms on the solution of tender committee;

the organizer of tender - regional executive committee or the Minsk Gorispolkom;

tender subject - the right to act as the customer (builder) on construction of apartment apartment houses, except for apartment houses of the increased comfort, in the territory of Minsk or the regional center;

the applicant - the legal entity who submitted in accordance with the established procedure the application for participation in tender.

3. Tenders are open.

Chapter 2. Prequalification of applicants

4. Implementation of prequalification of applicants when carrying out tender is obligatory.

This selection is made by tender committee and includes consideration of the required data which arrived from applicants, their analysis and generalization, decision about further participation of applicants in tender.

Information on terms of holding prequalification of applicants is placed in the notice on carrying out tender.

5. For participation in prequalification applicants direct to the organizer of tender the application on participation in tender, and also the following documents confirming their economic and financial position:

accounting records for the last accounting year and the period;

the certificate of the solvency ratios of the applicant (coefficient of current liquidity, coefficient of security with own current assets, coefficient of security of financial liabilities with assets and another) calculated in the procedure established by the legislation;

calculations arrived for the last three years;

calculation of net assets value of the applicant for the first preceding month of filing of application on participation in tender;

data on the debit and creditor debts including delayed over three months, on the first, preceding month of filing of application on participation in tender;

certificate of audit inspection of activities of the applicant organization;

the certificate of solvency from bank in which the applicant is serviced;

the documents containing data on construction of apartment apartment houses for the last three years and terms of their input in operation, customer (builder) on which is the applicant.

Data on absence of debt on tax payment, charges (duties), penalty fee applicants reflect in the statement on participation in tender without submission of the relevant document from tax authority.

Provision of deposit on participation in tender at stage of prequalification is not required.

6. In case of prequalification of applicants the documented data are subject to consideration and assessment:

about goodwill of the applicant;

about experience of works on construction of apartment apartment houses for the last three years;

about accomplishment of the similar projects comparable by the form and to amount with construction object (implemented, unrealized);

about participation of the applicant as the defendant in legal or arbitral procedures with indication of subject of action for the last three years;

about availability seized property of the applicant.

7. Applicants are not allowed to further participation in tender:

the reorganization which are in stage, liquidations or bankruptcies or having unsatisfactory balance sheet layout;

having the tax debt, to charges (duties), penalty fee. At the same time reliability of the data specified in part two of Item 5 of this provision is checked by the organizer of tender based on the list of the organizations and individual entrepreneurs having the tax debt, to charges (duties), penalty fee, the Ministry of Taxes and Tax Collection posted on the official site on the global computer Internet;

which net assets on the first, preceding month of filing of application on participation in tender, constitute less than 500 thousand dollars of the USA at the rate of National Bank, established for this date;

allowed for the last three years on two and more apartment apartment houses, customer (builder) on which is the applicant, the violation of terms of their commissioning caused by action (failure to act) from the applicant;

false information which reported about themselves;

not provided in full the document package required for participation in prequalification.

8. The term of holding prequalification cannot exceed 10 days from end date of reception of applications on participation in tender.

Taking into account features and (or) complexity of subject of tender the tender committee can establish longer term of consideration, but no more than 20 days from end date of reception of applications on participation in tender.

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