RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 31, 2014 No. 88

About the organization and holding procedures of purchases of goods (works, services) and calculations between the customer and the contractor when constructing facilities

According to subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of June 7, 2019 "About purchases of goods (works, services) in case of construction" the Council of Ministers of the Republic of Belarus DECIDES: No. 223

1. Approve Regulations on procedure for the organization and holding procedures of purchases of goods (works, services) when constructing facilities it (is applied).

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

2.1. in the resolution of Council of Ministers of the Republic of Belarus of June 16, 2004 No. 714 "About measures for development of stock exchange trading at commodity exchanges" (The national register of legal acts of the Republic of Belarus, 2004, No. 103, 5/14395; 2007, No. 144, 5/25324; National legal Internet portal of the Republic of Belarus, 18.09. 2012, 5/36226):

the paragraph one of part one of Item 3 to add with words ", and also purchases of goods when constructing facilities";

add the resolution with Item 3-1 of the following content:

"3-1. If tendering on purchase of goods when constructing facilities according to the Presidential decree of the Republic of Belarus of December 31, 2013 No. 591 "About holding procedures of purchases in case of construction" (The national legal Internet portal of the Republic of Belarus, 01.01. 2014, 1/14721) is obligatory, purchases of the goods included in the list when constructing facilities are performed by the legal entities specified in the paragraph the second to part one of Item 3 of this resolution at the exchange biddings of "Belarusian Universal Commodity Exchange" open joint stock company.";

2.2. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 10.11.2014 No. 1061

2.3. in the resolution of Council of Ministers of the Republic of Belarus of February 20, 2007 No. 224 "About some measures for implementation of the Presidential decree of the Republic of Belarus of November 16, 2006 No. 676" (The national register of legal acts of the Republic of Belarus, 2007, No. 56, 5/24789):

the fifth Item 2 to exclude the paragraph;

the inventory, used when constructing facilities, made by the organizations of the Republic of Belarus in case of which conclusion of delivery agreements tendering is not obligatory, approved by this resolution to declare invalid.

3. Recognize invalid the resolution of Council of Ministers of the Republic of Belarus and structural elements of resolutions of Council of Ministers of the Republic of Belarus according to appendix.

4. Make to the Ministry of Architecture explanations concerning application of the Regulations on procedure for the organization and holding procedures of purchases of goods (works, services) approved by this resolution when constructing facilities and to create supplier list (contractors, contractors) who are temporarily not allowed to participation in procedures of purchases of goods (works, services) in case of construction.

5. To republican state bodies to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

6. This resolution becomes effective after its official publication. Action of Items 1 and 2 of this resolution extends to the relations on purchase of goods (works, services) in case of construction if procedures of such purchases are begun after January 1, 2014.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 31, 2014 No. 88

Regulations on procedure for the organization and holding procedures of purchases of goods (works, services) when constructing facilities

Chapter 1. General provisions

1. This Provision determines procedure for the organization and holding procedures of purchases of goods (works, services) when constructing facilities.

When purchasing goods (works, services) when constructing facilities the international standard contracts of the International federation of consulting engineers (FIDIC), and can be applied to oil refineries of the Republic of Belarus – including the contracts "Open Book", taking into account need of observance of requirements of the legislation, including requirements of this provision.

When purchasing goods (works, services) when constructing facilities diplomatic representations and consular establishments of the Republic of Belarus, exhibition objects abroad documentation for prequalification of participants, the tender documentation and documentation for negotiations can join requirements, indicators and criteria, excellent from established by this Provision.

2. For the purposes of this provision the main terms and their determinations in the values established by the Law of the Republic of Belarus of July 5, 2004 No. 300-Z "About architectural, town-planning and construction activities in the Republic of Belarus" and also the following terms and their determinations are used:

type of construction works – set of the labor processes directed to creation of separate elements of object under construction;

the prime contractor – the contractor involving according to agreements in accomplishment of separate liabilities of other persons;

documentation for negotiations – set of the documents containing initial information on technical, commercial, organizational and other characteristics of subject of the order, and also on conditions and the procedure of negotiation;

documentation for prequalification of participants – set of the documents containing information on conditions and procedure for holding prequalification of participants;

the investor – person performing investments in the territory of the Republic of Belarus;

the tender documentation – set of the documents containing initial information on technical, commercial, organizational and other characteristics of subject of the order, and also on conditions and the procedure of carrying out the contract biddings (biddings);

the contest committee on carrying out the contract biddings (the biddings, negotiations) (further – the contest committee) – the standing or temporary body created by the organizer of the contract biddings (the biddings, negotiations) for their carrying out and determination of the winner;

competitive providing – ensuring obligation fulfillment on participation in the contract biddings (biddings) and the conclusion by results of their carrying out the agreement in payment type to the organizer of the contract biddings (biddings) of money, guarantees, the bank guarantee and other forms of ensuring obligation fulfillment;

the competitive offer – the set of documents on the announced contract biddings (biddings) prepared by the participant according to the tender documentation;

lot – separate types of goods (works, services);

object of special purpose – construction object during which designing and construction requirements of the legislation on the state secrets shall be observed;

uniform goods (works, services) - the goods (works, services) relating to one subcategory of the nation-wide qualifier of the Republic of Belarus of OKRB 007-2012 "Products qualifier by types of economic activity" approved by the resolution of the State committee on standardization of the Republic of Belarus of December 28, 2012 No. 83;

the organizer of the contract biddings (the biddings, negotiations) – the investor, the builder, the customer, the contractor or the engineer (the engineering organization) performing (performing) placement of the corresponding order at the contract biddings (the biddings, negotiations);

negotiations – the order placement form on construction of facilities, purchase of goods (performance of works, rendering services) when constructing facilities providing determination of the contractor, contractor or supplier whose proposal meets the requirements and conditions stated in documentation for negotiations;

the contract biddings – the order placement form on construction of facilities, performance of works, rendering services when constructing facilities providing the choice of the contractor or contractor on the basis of tender;

prequalification documents – the set of documents on the announced contract biddings (biddings) prepared by the participant according to documentation for prequalification of participants for participation in the contract biddings (biddings);

the offer for negotiations – the set of documents on the announced negotiations prepared by the participant according to documentation for negotiations;

subject of the order – construction of facilities, purchase of goods (performance of works, rendering services) when constructing facilities;

subcontractor – person which signed the agreement on accomplishment of separate types of construction works with the prime contractor;

goods – the equipment, stock, materials, products, designs and other corporeal objects acquired when implementing construction activities (construction);

the biddings – the order placement form on purchase of goods when constructing facilities providing the choice of the supplier on the basis of tender;

the order price – the starting price of construction of facilities, goods (works, services) offered by the organizer of the contract biddings (the biddings, negotiations) for decision date about carrying out the contract biddings (the biddings, negotiations).

3. Carrying out the contract biddings (biddings) according to this Provision is obligatory in case of the conclusion of agreements on construction of facilities in the cases established by acts of the President of the Republic of Belarus.

4. If construction of facilities is made by the builder or the customer by own forces (which are in its structure construction divisions) without the conclusion of the construction contract, then involvement of contract organizations for accomplishment of project, prospecting, construction, installation, special and other works, and also order placement on rendering services, purchase of goods are performed taking into account requirements of the legislation on holding procedures of purchases in case of construction.

5. The procedure of the contract biddings (biddings), negotiations begins with the moment of acceptance by the organizer of the contract biddings (biddings), negotiations of the decision on their carrying out and comes to the end with the conclusion of the agreement by results of carrying out the contract biddings (biddings), negotiations or cancellation of procurement procedure or recognition of its cancelled.

6. The contract auction (biddings) is held in the form of open or closed competition.

7. The contract auction (biddings) in the form of closed competition is held in case of order placement on:

to objects of special purpose;

to the explosive construction objects which are in the territory of the organizations and connected with continuous production cycle;

to the construction objects (including designing) connected with train service safety, development and operation of rail transport (automation with mechanization of hump yards, the device of railway automatic equipment, electrification of sites of the railroad, reorganization and repair of railway tracks);

to the construction objects connected with ensuring energy security of economy and activity of the population on the operating energy objects;

to objects which construction is performed in the military purposes;

to the construction objects connected with ensuring national security of the Republic of Belarus, implementation of operational search activities;

to the construction objects connected with providing state bodies and other organizations presidential, governmental, operational and other types of special communication, National network of transfer of the encoded information "Atlas Belarus";

to the construction objects relating to productions of the oil-processing, oil-extracting, petrochemical and chemical industry;

to the construction objects within implementation of investment projects financed with attraction of the external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus if the international treaty, by the interbank agreement, the individual credit agreement or other document containing terms for crediting and (in need of) the obligation of the Government of the Republic of Belarus on these loans provides this procedure for the choice of the supplier (the contractor, the contractor) and purchase of goods (works, services).

The decision on order placement by carrying out the contract biddings (biddings) in the form of closed competition is made by their organizer according to regulatory legal acts, including technical regulatory legal acts.

Features of procedure for the organization and carrying out the contract biddings (biddings) in the cases provided in paragraphs the sixth or tenth part one of this Item are determined by local regulatory legal acts of state bodies, and also other state organizations subordinated to the Government of the Republic of Belarus which are organizers of such contract biddings (biddings), or state bodies, and also other state organizations subordinated to the Government of the Republic of Belarus under which supervision organizers of the contract biddings (biddings) are.

In other cases the contract auction (biddings) is held in the form of open tender.

7-1.  No. 1108 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 29.12.2016

7-2.  No. 448 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 11.06.2018

8. If carrying out the contract biddings (the biddings, negotiations), the exchange biddings in case of order placement, necessary for construction of facilities, is not obligatory, the investor, the builder, the customer, the contractor, the engineer (the engineering organization) has the right to appoint and carry out them according to the procedure, provided by this Provision.

9. When carrying out the contract biddings (the biddings, negotiations) the preferential amendment to type of reduction of bid price is applied to provision of benefit when comparing in the amount of:

15 percent - in case of the offer the participant of goods (works, services) coming from the Republic of Belarus and state members of the Eurasian Economic Union;

25 percent - in case of the offer the participant of goods (works, services) self-produced the organizations of the Republic of Belarus in which the number of disabled people constitutes at least 50 percent of payroll number of workers and share of compensation of disabled people in the general fund of compensation of the participant make at least 25 percent.

About the right to application of the preferential amendment the participant shall specify in the competitive offer, the offer for negotiations, having attached the documents confirming the right to application of the preferential amendment.

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