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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 22, 2014 No. 612

About implementation of public procurements in spheres of informatization, information and communication technologies and telecommunications

(as amended of the Presidential decree of the Republic of Belarus of 23.03.2016 No. 106)

For the purpose of enhancement of procedures of public procurements in spheres of informatization, information and communication technologies and telecommunications:

1. Determine that:

1.1. public procurements of goods (works, services) in spheres of informatization, information and communication technologies and telecommunications (further - public procurements) are carried out according to the procedure, established by 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), other acts of the legislation governing the relations in the field of public procurements taking into account provisions of this Decree.

For the purposes of this Decree terms are used in the values determined in the Law of the Republic of Belarus "About public procurements of goods (works, services)";

1.2. the basis for implementation of public procurements are the state programs of informatization and their subprogramme approved in accordance with the established procedure (further, unless otherwise specified, - programs of informatization);

1.3. The department of informatization of the Ministry of Communications and Informatization acting as the single organizer of procedures of public procurements (further - the single organizer):

performs general coordination of carrying out public procurements, provides development of single policy and determination of uniform approach to their carrying out, including based on the principles of unity and complexity of implementation of actions included in programs of informatization, recurrence of application of information systems and information and communication technologies, compatibility of the information systems used in different state bodies and the organizations;

carries out procedures of public procurements within the actions of programs of informatization. At the same time the structure of the commission created for the organization and carrying out public procurements joins representatives of customers of actions * such programs;

keeps the register of procedures of public procurements and the agreements signed by their results;

performs monitoring of results of carrying out public procurements;

______________________________

* For the purposes of this Decree are understood as customers of actions of programs of informatization republican state body, local executive and administrative organ, the state organization subordinated to Council of Ministers of the Republic of Belarus, other state legal entity (including organizations of education, health care, culture), and also economic society concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by this economic society, initiating actions in the field of informatization and interested in their accomplishment, and also use of results, performing acceptance of results of works and their subsequent operation.

1.4. till January 1, 2016 public procurements are conducted by carrying out:

open tender;

closed competition;

procedures of request of price offers in case of the threshold value of estimated cost of goods (works, services) established by Council of Ministers of the Republic of Belarus, except for purchases of research and development works on creation of the software, technical means and (or) complexes of program technical means;

procurement procedures from one source in cases, stipulated by the legislation;

1.5. public procurements are conducted based on specifications on actions of the programs of informatization (further, unless otherwise specified, - specifications) which received the positive decisions of the state scientific and technical examination;

1.6. specifications are developed by customers of actions of programs of informatization prior to carrying out public procurement and shall contain:

the name of actions, the purposes expected results and performance indicators of their realization, economic and (or) social effect of implementation of actions;

the main stages of realization with indication of the inventory (works, services) which are purchased within the actions of the programs of informatization including connected with carrying out researches and developments and also with indication of the amount of financing of their purchases. At the same time for the created and acquired the software, technical means and (or) complexes of program technical means required functional, technical, technical and other characteristics are specified;

information about the expected owner, operator, users of program technical means, information resources, information systems and information networks;

information on the needs for the financial resources necessary for implementation of actions of programs of informatization, performance of works (rendering services) in technical support and maintenance of program technical means, information resources, information systems and information networks, and also financing sources;

requirements to qualification and work experience of persons involved for performance of works (rendering the services) necessary for implementation of actions;

requirements to the level of the production, scientific, design-technology base necessary for implementation of actions.

The standard form of the specification affirms the State committee on science and technologies together with the Ministry of Communications and Informatization;

1.7. customers of actions of programs of informatization for preparation of specifications have the right to attract on contractual basis the scientific, project and design organizations regardless of subordination and pattern of ownership, and also scientists and specialists, including foreign.

The National academy of Sciences of Belarus has the right to direct the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus to the purposes specified in the parts one of this subitem, means provided in the republican budget for financing of scientific and scientific and technical activities within accomplishment of plans of research and development of nation-wide, industry assignment for scientific and technical ensuring their activities;

1.8. the specifications approved by customers of actions of programs of informatization are represented to the single organizer for the direction according to the procedure, established by the Ministry of Communications and Informatization, to the State committee on science and technologies for the purpose of conducting the state scientific and technical examination.

The conclusions about results of the state scientific and technical examination of specifications are represented to the single organizer and customers of actions of programs of informatization no later than 30 calendar days from the date of their receipt to the State committee on science and technologies. These conclusions shall contain unambiguous output about feasibility of expenses on the public procurements provided by specifications;

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