PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 18, 2016 No. 271

About centralization of purchases of remedies of plants

For the purpose of centralization of purchases of remedies of plants I decide:

1. Determine the organizer of holding procedures of centralized purchases of remedies of plants for the organizations performing activities for cultivation of crops, and also activities for cultivation of these cultures and conversion of products of agricultural industry (further, unless otherwise specified, - the organizations), the state trade production association of Belresursa - managing company of holding of Belresursa.

2. Determine that:

2.1. procurement of remedies of plants for the organizations is conducted on a centralized basis according to the procedure, established by the legislation on public procurements, taking into account the features determined by this Decree irrespective of source of financing of such purchase if other is not provided in part one of subitem 2.7 of this Item, by holding open tender;

2.2. the state trade production association of Belresursa - managing company of holding of Belresursa annually till February 1 and on August 1 performs the organization and holding open tender on purchase of remedies of plants;

2.3. are allowed to participation in the procedure of centralized purchase of remedies of plants:

producers of remedies of plants;

the manufacturer representatives of remedies of plants authorized by these producers on their realization according to the relevant agreements (agreements);

2.4. term for preparation and submission of offers on participation in the procedure of centralized purchase of remedies of plants shall constitute at least 30 calendar days from the date of placement of the invitation on the official site *, and when holding repeated procedure of this purchase - at least 15 calendar days;

2.5. the organizations no later than May 1 and on November 1 perform giving in committees on agricultural industry and food of regional executive committees of requests in which data on the name and necessary amount of remedies of plants are specified.

Committees on agricultural industry and food of regional executive committees based on the requests specified in part one of this subitem perform preparation of the task for centralized purchase of remedies of plants approved by the chairman of committee on agricultural industry and food of regional executive committee and represented annually till May 10 and on November 10 to the state trade production association of Belresursa - managing company of holding of Belresursa with appendix of the draft agreement on delivery of remedies of plants.

In task for centralized purchase of remedies of plants data on purchase subject, including their amount are specified. This task is the basis for preparation by the state trade production association of Belresursa - managing company of holding of Belresursa of competitive documents;

2.6. regional executive committees have the right to determine the decision the legal entity who signs with the winner participant ** purchase agreements of remedies of plants for needs of several organizations.

In case of determination of the legal entity specified in part one of this subitem, regional executive committees establish procedure for distribution of remedies of plants between several organizations;

______________________________

* For the purposes of this Decree the term "official site" is used in the value determined in the paragraph the thirteenth article 1 of 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).

** For the purposes of this Decree the term "winner participant" is used in the value determined in the paragraph twenty third article 1 of the Law of the Republic of Belarus "About public procurements of goods (works, services)".

2.7. in case of urgent need for additional amount of remedies of plants which procurement was conducted in the current year by the organizations in coordination with committees on agricultural industry and food of regional executive committees conduct procurement of such means in first-priority procedure at the winner participant on the conditions determined in the agreement signed following the results of the competition held according to this Decree, and in the absence of such opportunity (lack of remedies of plants or their necessary amount, the change in price and another) - according to the legislation on public procurements or the legislation on purchases through own means and (or) other regulations of the civil legislation depending on financing source.

The procedure for coordination by committees on agricultural industry and food of regional executive committees of purchase of additional amount of remedies of plants which procurement was conducted in the current year in case of urgent need for such means is determined by Council of Ministers of the Republic of Belarus.

3. Violation by the official of the legal entity of the requirements to procurement procedure of remedies of plants established by this Decree, except as specified, provided in articles 11.16 and 11.77 of the Code of the Republic of Belarus about administrative offenses,

attracts imposing of penalty in the amount up to 40 basic sizes.

4. Grant the right to constitute protocols on the administrative offense provided in Item 3 of this Decree, to authorized officers of bodies of the State Control Committee, bodies of the Ministry of Finance and financial managements (departments) of local executive and administrative organs, and to consider cases on this offense:

to bodies of the State Control Committee - in case of creation of protocols by officials of bodies of this Committee;

to bodies of the Ministry of Finance - in case of creation of protocols by officials of bodies of this Ministry;

to financial managements (departments) of local executive and administrative organs - in case of creation of protocols by officials of financial managements (departments) of local executive and administrative organs.

5. Administrative punishment for the administrative offense provided in Item 3 of this Decree can be imposed no later than two years from the date of its making and six months from the date of detection of such administrative offense.

6. Operation of this Decree does not extend to the relations connected with public procurements and purchases of remedies of plants at the expense of own means of the organizations if procedures of such purchases are begun or contracts on their delivery are signed before entry into force of this Decree. At the same time the procedure for procurement of remedies of plants is considered begun from the date of adoption by the customer of the decision on its carrying out.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info