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The document ceased to be valid since  January 1, 2017 according to Item 3 of the Presidential decree of the Republic of Belarus of October 20, 2016 No. 380

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 31, 2013 No. 591

About holding procedures of purchases in case of construction

(as amended of the Presidential decree of the Republic of Belarus of 15.12.2014 No. 580)

For the purpose of further development of the competition in construction, ensuring decrease in its cost:

1. Determine that:

1.1. purchases of works, services in case of construction are performed taking into account requirements of this Decree by carrying out the contract biddings or negotiations;

1.2. procurements of goods in case of construction are conducted taking into account requirements of this Decree by tendering on purchase of goods in case of construction (further - the biddings) or negotiations;

1.3. the legislation on public procurements of goods (works, services) is not applied till January 1, 2016 when holding procedures of purchases in case of construction;

1.4. carrying out the contract biddings is obligatory in case of the conclusion of agreements on construction of facilities, including their construction, reconstruction, major repair, restoration, improvement, demolition (further - construction of facilities), except as specified, provided in subitem 1.6 of this Item, and other cases determined by the President of the Republic of Belarus which financing of construction is performed for the account:

means republican and (or) local budgets (fully or partially), including the state trust budget funds, and also the state non-budgetary funds, external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus, the credits of the banks of the Republic of Belarus issued under guarantees of the Government of the Republic of Belarus regional and Minsk city executive committees, - in case of construction cost of objects of 6 thousand basic sizes and more;

other sources, including means of the state organizations and economic societies, shares (share in authorized fund) of which are in state-owned property, - in case of construction cost of objects of 100 thousand basic sizes and more;

1.5. when constructing facilities with obligatory carrying out according to subitem 1.4 of this Item of the contract biddings carrying out the contract biddings, the biddings also is obligatory if other is not provided by the President of the Republic of Belarus, in case of placement of orders, necessary for construction of facilities, on:

development of preproject (pre-investment) documentation if its development is provided by legal acts;

accomplishment of project and prospecting works;

rendering engineering services worth 3 thousand basic sizes and more;

purchase of goods worth each their type 3 thousand basic sizes and more;

accomplishment of separate types of construction, installation, special and other works worth each their type 3 thousand basic sizes and more.

Purchase of goods in case of construction the procurement of goods conducted based on the project documentation according to which the list and quantity (amount) of the goods necessary for asset construction, and also processing equipment based on preproject (pre-investment) documentation are determined if development of such documentation is provided by legal acts is considered;

1.6. carrying out the contract biddings, the biddings is not obligatory in cases when:

with the general project organization, general contract organization *, the subcontract project, construction and other organizations determined by Council of Ministers of the Republic of Belarus sign agreements on construction of facilities of the Belarusian power system, and also the objects included in the state program of construction of power sources on local types of fuel (according to the list of the objects determined by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus);

the contract biddings, the auction held in accordance with the established procedure are acknowledged cancelled owing to the fact that the winner participant is not determined or the winner participant refused the conclusion of the agreement;

the general contract organization signs agreements with legal entities, individual entrepreneurs (subcontractors) on accomplishment of separate types of project, prospecting, construction, installation, special and other works (services) in construction of facilities;

agreements on performance of works on running repair are signed;

the specialized organizations subordinated to the republican state body exercising regulation and control in the field of overcoming effects of catastrophic crash on the Chernobyl NPP carry out works on liquidation and burial of the objects, unsuitable for further use, located in the territory of radioactive pollution in zone of first-priority settling out, zone of the subsequent settling out, zone with the right to settling out and also in the territories of settlements on which decisions on settling out were made;

______________________________

* For the purposes of this Decree the general project organization, general contract organization are understood as the project organization, contract organization which signed respectively the works agreement on the accomplishment of project and prospecting works, the construction contract involving in execution of the obligations of other persons (subcontractors).

1.7. in the cases provided in paragraphs the third or fifth subitem 1.6 of this Item, purchase of goods (works, services) are performed at the choice of the customer by carrying out the contract biddings, the biddings or negotiations;

1.8. requirements of this Decree are not applied when constructing facilities, completely financed by means foreign investorov*. In case of construction of such objects the customer has the right to determine independently the procedures of purchases of goods (works, services) which are subject to application or to conduct procurement without application of the specified procedures.

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* For the purposes of this Decree foreign investors are understood as the foreign citizens and persons without citizenship, foreign and international legal entities (the organizations, not being legal entities) performing investment in the territory of the Republic of Belarus who are constantly not living in the Republic of Belarus.

2. Coordination of activities of republican state bodies, local executive and administrative organs for development of single methodology in the field of the organization and holding procedures of purchases in case of construction is performed by the Interdepartmental commission on carrying out contract purchases in case of construction created by Council of Ministers of the Republic of Belarus.

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