of September 22, 2016 No. 49
About approval of the Instruction about procedure for carrying out tenders at the choice of contractors of actions
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 7.1 of Item 7 of the Regulations on the Ministry of Labour and Social Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1589, the Ministry of Labour and Social Protection of the Republic of Belarus DECIDES:
1. Approve the Instruction about procedure for carrying out tenders at the choice of contractors of actions it (is applied).
2. This resolution becomes effective after its official publication.
Minister
M. A. Shchetkina
Approved by the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of September 22, 2016 No. 49
1. This Instruction determines procedure for carrying out tenders at the choice of contractors of actions (further, unless otherwise specified, - tender) customers of state programs (subprogrammes) (further - the customer) which responsible customer is the Ministry of Labour and Social Protection of the Republic of Belarus (further, unless otherwise specified, - the state program) if other procedure for the choice of contractors of actions is not established by the legislation.
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 used:
date of tender – date of meeting of the contest committee which agenda includes question of determination of the winner of tender;
the notice on carrying out tender at the choice of contractors of action (further, unless otherwise specified, – the notice on carrying out tender) – the paper document constituted according to requirements of this Instruction and approved by the contest committee to which the customer reports about holding open tender, including repeated;
the competitive offer – set of the paper documents submitted by the participant of tender of the contest committee according to the notice on carrying out tender and requirements of this Instruction;
the official site of the customer – the customer's website on the global computer Internet;
the participant of tender – the legal entity, the individual entrepreneur who submitted to the customer the competitive proposal and allowed to participation in tender;
the winner of tender – the participant of tender who gained the largest score as a result of assessment of criteria of determination of the winner of tender.
3. The choice of contractors of actions is performed by customers by holding open tender.
4. Subject of tender is the right to the conclusion of the contract for realization of action (further, unless otherwise specified, - the agreement).
5. Customer:
creates the contest committee (if necessary - the contest committees);
posts on the official site of the customer, and also has the right to make the decision on placement in printing means (printing means) of mass information of the notice on carrying out tender, including repeated, in form according to appendix 1;
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;
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;
signs the contract with the winner of tender;
performs other functions according to this Instruction.
6. In case of adoption by the customer of the decision on placement of the notice on carrying out tender in printing means (printing means) of mass information it is placed in the printing means (printing means) of mass information determined by the customer included in the list of printing mass media at least in one of which are subject to obligatory publication of the notice on holding auctions (tenders), No. 934 approved by the resolution of Council of Ministers of the Republic of Belarus of July 14, 2009.
The notice on carrying out tender is posted on the official site of the customer (in printing means (printing means) of mass information):
at least in thirty calendar days prior to date of tender;
at least in ten calendar days prior to date of repeated tender.
In the notice on the carrying out tender placed in printing means (printing means) of mass information date of its placement on the official site of the customer is in addition specified.
Changes can be made to the posted notice on carrying out tender on the official site of the customer (printing means (printing means) of mass information) on the solution of the contest committee. These changes in type of the notice on modification of the notice on carrying out tender are posted on the official site of the customer (in the same printing means (printing means) of mass information in which the notice on carrying out tender is placed) during the first half of the term established in the notice on carrying out tender for acceptance of competitive offers.
7. The contest committee is created by the customer for the organization and carrying out tender according to each state program or according to each subprogramme if the state program has subprogrammes.
The customer if necessary can create the contest committee on separate action (actions).
8. At least five people who are determined by the customer from among his workers shall be part of the contest committee.
The chairman, his deputy (if necessary - deputies) and the secretary (if necessary - secretaries) the contest committee are appointed the customer from among her members during creation of such commission.
9. Members of the contest committee have no right to delegate the powers to other persons to participation in work of the contest committee.
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