RESOLUTION OF THE MINISTRY OF HEALTH OF THE REPUBLIC OF BELARUS

of September 2, 2016 No. 100

About approval of the Instruction about procedure for carrying out tenders at the choice of contractors of actions of state programs

Based on the paragraph of third of part one of Item 5 of the Regulations on procedure for the forming, financing, accomplishment and efficiency evaluation of implementation of state programs approved by the Presidential decree of the Republic of Belarus of July 25, 2016 No. 289, and subitem 9.1 of Item 9 of the Regulations on the Ministry of Health of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 2011 No. 1446, the Ministry of Health of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for carrying out tenders at the choice of contractors of actions of state programs it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Health of the Republic of Belarus of September 2, 2016 No. 100

The instruction about procedure for carrying out tenders at the choice of contractors of actions of state programs

Chapter 1. General provisions

1. This Instruction determines procedure for carrying out tenders at the choice of contractors of actions of state programs which responsible customer is the Ministry of Health (further - the state program).

2. For the purposes of this Instruction terms and their determinations in the values established by the Budget code of the Republic of Belarus, Regulations on procedure for forming, financing, accomplishment and efficiency evaluation of implementation of state programs and also the following terms and their determinations are applied:

the bid – the document including the Sections determined by this Instruction including the statement on participation in tender terms offered by the participant for the conclusion of the contract for accomplishment of action of the state program signed between the customer of this state program and the contractor of action determined by this customer by results of tender (further – the contract for accomplishment of action), the enclosed documents by means of which the legal entity, the individual entrepreneur declare participation in tender as the potential contractor of action;

the notice on carrying out tender – the document constituted according to requirements of this Instruction to which the organizer of tender informs legal entities and (or) individual entrepreneurs on holding open tender, including repeated;

the commission – the permanent collegiate organ created by the organizer of tender for the organization and carrying out tender and for other purposes determined by this Instruction;

tender – the procedure of the choice of the contractor of action (the winner of tender) from among participants whose requests are allowed to selection, the best terms for the conclusion of the contract for accomplishment of action which offered according to the conclusion of the commission in comparison with the conditions offered by other participants;

the organizer of tender – the customer of the state program;

the official site – the website of the organizer of tender on the global computer Internet;

acceptance of the bid – registration by the secretary of the commission of the post envelope having mark "Bid", which arrived to the organizer of tender by putting down on it sequence number under which it is registered in the requisition log on participation in tender;

the participant – the legal entity or the individual entrepreneur (further, unless otherwise specified, – the subject of managing) who submitted to the organizer of tender the bid.

3. Organizer of tender:

creates the contest committee (if necessary - the contest committees);

informs subjects of managing on carrying out tender;

has the right to determine need of making a deposit and in case of decision making about need of its introduction determines the amount of deposit, procedure and terms of its introduction. Data on amount of deposit, procedure and terms of its introduction are specified in the notice on carrying out tender;

has the right to determine need of cost recovery on the organization and carrying out tender and in case of decision making about need of compensation of such costs determines the size of costs for the organization and carrying out tender, and also procedure and terms of their compensation. Data on the size, procedure and terms of cost recovery are specified the organization and carrying out tender in the notice on carrying out tender.

4. Subject of tender is the right to the conclusion of the contract for accomplishment of action (actions) of the state program.

5. Subjects of managing, except as specified, are allowed to participation in tender if:

their property it is seized;

they are in process of liquidation (the activities termination), concerning their court the decision on bankruptcy with liquidation (the activities termination) of the debtor is made, they are in process of reorganization (except for the legal entities reorganized by joining to them of other legal entities);

they are included in supplier list (contractors, contractors) who are temporarily not allowed to participation in procedures of public procurements;

they provided unreliable information about themselves.

Chapter 2. Procedure for creation and work of the commission

6. The commission is created by the organizer of tender in the form of permanent collegiate organ for the organization and carrying out tenders.

7. At least five members shall be part of the commission.

The staff of the commission is determined by the organizer of tender from among his workers.

The chairman, the deputy (if necessary - deputies) the chairman and the secretary (if necessary - secretaries) the commissions are appointed the organizer of tender from among members of the commission during its creation.

8. The member of the commission has no right to delegate to the other person the powers to participation in work of the commission.

9. In the activities the commission is guided by the Civil code of the Republic of Belarus, other acts of the legislation, including this Instruction.

The operating procedure of the commission, including obligations of each of her members, is determined by regulations of work of the commission.

Work of the commission will be organized in the form of meetings. Commission sessions are held as required and are considered competent if at them there are at least two thirds of its structure.

10. The decision of the commission is made by open voting and deemed accepted if most of the members of the commission who are present at meeting voted for it.

In case of equal distribution of voices the decision for which the commission chairman voted is made, and in case of its absence on commission session - the chairman on commission session.

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