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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 6, 2016 No. 532

About measures for implementation of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership"

(as amended on 13-01-2023)

According to the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership" the Council of Ministers of the Republic of Belarus DECIDES: No. 345-Z

1. Approve:

Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership (are applied);

Regulations on procedure for the organization and carrying out tender, direct negotiations, and also negotiations concerning conditions of draft agreements on public-private partnership (are applied);

The regulations on procedure for financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget (are applied);

The regulations on procedure for maintaining the State register of agreements on public-private partnership (are applied).

2. To the Ministry of Economics to take measures for implementation of this resolution.

3. This resolution becomes effective after its official publication.

First Deputy Prime Minister of the Republic of Belarus

V. Matyushevsky

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532

Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership

Chapter 1. General provisions

1. This Provision determines procedure for preparation of offers on projects implementation of public-private partnership, their consideration and assessment.

2. For the purposes of this provision terms and their determinations in the values established in the Law of the Republic of Belarus "About public-private partnership" and also the following terms and their determinations are applied:

2.1. the interested body - the body (organization) interested in implementation of the project of public-private partnership initiated by the private initiator within which competence the questions connected with production of goods (performance of works, rendering services) within this project from number are:

state bodies, the state organizations subordinated to the President of the Republic of Belarus, republican state bodies, the state organizations subordinated to the Government of the Republic of Belarus (further - republican body);

local executive and administrative organs (further - local body);

2.2. comparative advantage - comparison of expenses of the budget in case of project implementation concerning infrastructure facility in full by budget funds or with attraction of external state loans, the external loans attracted under guarantees of the Government of the Republic of Belarus (in case of their repayment by budget funds), and budget expenses in case of implementation of such project with participation of the private partner on the principles of public-private partnership taking into account the received benefits in case of equal amounts, the prices, characteristics and goods quality (works, services);

2.3. efficiency of the project of public-private partnership - the result received in case of project implementation of public-private partnership determined as ratio of benefits and costs by it including system of indicators, including indicators of financial and (or) social and economic performance of the project.

3. Preparation by republican body or local body (further - the state initiator), or the legal entity, the foreign organization, not being the legal entity, or group of the legal entities and (or) the foreign organizations who are not legal entities, the individual entrepreneur of the Republic of Belarus (further - the private initiator), offers on project implementation of public-private partnership (further - the offer) consists of two stages:

development of the concept of the project concerning the infrastructure facility offered to realization as the project of public-private partnership (further - the concept), according to the requirements established by the Ministry of Economics;

development of the documents specified in Item 19 of this provision (further - documents of the offer).

In case of carrying out direct negotiations preparation by the private initiator of the offer consists of one stage providing development of documents of the offer.

In cases of preparation of projects concerning infrastructure facilities in which financing at the expense of means of local budgets is provided, projects in the sphere of information and communication technologies, and also carrying out on projects of repeated tender the state initiator has the right to independently determine quantity of project definition phases.

4. Development of the concept is performed on the basis of preliminary study of social and economic, technical, financial and economic, ecological, legal and organizational aspects of project implementation concerning infrastructure facility with carrying out provisional estimate of feasibility of its realization as the project of public-private partnership.

Development of documents of the offer is performed based on detailed study of technical, financial and economic, legal, ecological, social and economic and organizational aspects of project implementation of public-private partnership with evaluating efficiency of its realization and determination of comparative advantage.

5. Preparation of the offer by the state initiator is performed independently or with involvement of consultants.

Involvement of consultants at the expense of means republican and (or) local budgets is performed according to the legislation on public procurements. The Ministry of Economics has the right to recommend evaluation criteria and comparisons of proposals of participants of tender - potential contractors of services of consultants, including regarding their qualification data, for inclusion of these criteria by the state initiators who are customers of public procurement of such services in competitive documents.

Preparation of the offer by the private initiator is performed at the expense of own means or other sources.

6. By preparation of the offer the state and private initiators or the interested body in case of its assessment have the right to address for receipt of information, necessary for its preparation, in republican and (or) local authorities taking into account legal regime of such information.

7. The banks and the non-bank credit and financial organizations, other organizations interested in financing and project implementation of public-private partnership can participate in discussion of the offer.

For this purpose the state initiator or the interested body posts on the official site on the global computer Internet:

information on the main technical, legal, financial, ecological and organizational aspects of project implementation concerning infrastructure facility, and also about distribution of risks between the state and private partners with the invitation to take part in its discussion;

results of discussion of the offer (without specifying of participants of discussion).

8. Assessment of the offer is made with use of the technique of assessment of offers developed by the Ministry of Economics and approved by the Ministry of Finance.

9. The concept and (or) documents of the offer (after their approval) go the state initiator or to the republican bodies interested in body, local authorities (further - governing bodies) for coordination according to their competence:

9.1. To the Ministry of Economics and the Ministry of Finance - in cases when offers on projects implementation of public-private partnership provide financing at the expense of means of the republican budget and (or) financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget;

9.2. To operational analytical center in case of the President of the Republic of Belarus and to the Ministry of Communications and Informatization (including for consideration by Council for projects of digital development under the Ministry of Communications and Informatization concerning projects on implementation of information systems, digital platforms) - in cases when the questions of digital development, creations (completely or mainly) information and technological infrastructure, including development and (or) implementation of information and telecommunication technologies, and also information systems and digital platforms are raised;

9.3. To the state committee on property - in cases when transfer to the private partner of the property which is in republican property is provided;

9.4. To the Ministry of Natural Resources and Environmental Protection - in cases when the questions of ecological safety, environmental protection and use of natural resources, including subsoil, impacts on climate and ozone layer are raised;

9.5. To Department of Energy and the State committee on standardization - in cases when are provided construction, reconstruction or upgrade of the generating sources of electrical and heat energy;

9.6. To the ministry of anti-monopoly regulation and trade - in cases when the questions of state policy in the sphere of counteraction of monopolistic activities and development of the competition, and also state policy in the field of pricing are raised;

9.7. to regional executive committee (The Minsk Gorispolkom) - in cases when acts as the state initiator or the interested body:

republican body in need of decision making about provision to the private partner of the parcels of land, transfer to the private partner of the property which is in municipal property of the corresponding administrative and territorial unit;

local body of primary or basic territorial level;

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