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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 20, 2016 No. 380

About purchases of goods (works, services) in case of construction

(Extraction)

(as amended of the Presidential decree of the Republic of Belarus of 16.08.2018 No. 322)

For the purpose of further development of the competition in construction, ensuring decrease in its cost and improvement of quality:

1. Determine that:

1.1. purchases of works, services in case of construction, including construction, reconstruction, repair, restoration, improvement, demolition of objects (further - construction), are performed taking into account requirements of this Decree by carrying out the contract biddings or negotiations if other is not established by this Decree;

1.2. procurements of goods in case of construction * are conducted taking into account requirements of this Decree by tendering on purchase of goods in case of construction (further - the biddings), negotiations or the exchange auction held according to the legislation on commodity exchanges (further - the exchange biddings), except for centralized public procurements of the medical products which are carried out according to the procedure, determined by the legislation on public procurements;

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* For the purposes of this Decree purchase of goods in case of construction is understood as the purchase of goods performed based on the project documentation or the defective act on performance of works on running repair according to which the list and quantity (amount) of the goods necessary for construction, and also processing equipment based on preproject (pre-investment) documentation are determined if development of such documentation is provided by legal acts.

1.3. when carrying out purchases of goods (works, services) in case of construction are not applied:

The presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)" (The national register of legal acts of the Republic of Belarus, 2009, No. 110, 1/10673);

article 57 of the Law of the Republic of Belarus of July 5, 2004 "About architectural, town-planning and construction activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049);

1.4. carrying out the contract biddings is obligatory, except as specified, provided in subitems 1.6 and 1.8 of this Item, and other cases determined by the President of the Republic of Belarus in case of the conclusion of agreements on construction of facilities in case of construction cost of 6 thousand basic sizes and more;

1.5. when constructing facilities for which conclusion of agreements on construction carrying out the contract biddings according to subitem 1.4 of this Item obligatory also is obligatory carrying out the contract biddings, the biddings or the exchange biddings (concerning goods, obligation of the conclusion of transactions with which at the exchange biddings is established by the legislation on commodity exchanges) is if other is not provided by the President of the Republic of Belarus, in case of placement of orders, necessary for construction, on:

development of preproject (pre-investment) documentation if its development is provided by legal acts;

accomplishment of project and prospecting works;

purchase of goods if the cost of each their type constitutes 3 thousand basic sizes and more;

rendering engineering services, accomplishment of separate types of construction, installation, special and other works if the cost of each their type constitutes 3 thousand basic sizes and more;

1.6. carrying out the contract biddings, the biddings, the exchange biddings is not obligatory in cases when:

paragraph two of subitem 1.6 of Item 1 - for office use;

the contract biddings, the biddings, the exchange auction held in accordance with the established procedure are acknowledged cancelled owing to the fact that the winner participant is not determined or the winner participant refused the conclusion of the agreement;

the general project organization, general contract organization ** sign agreements with legal entities, individual entrepreneurs (subcontractors) on accomplishment (rendering) of separate types of project, prospecting, construction, installation, special and other works (services) in construction;

agreements are signed:

about performance of works on running repair;

about construction, performance of works, rendering the services, purchase of goods necessary for construction, for the purpose of liquidation of emergency or emergency situations (in coordination with state body (organization) to which it is subordinated or in structure which system the customer enters, or exercising control of the stocks (shares) in authorized fund of the customer owned by the state, and in case of absence of such body (organization) - in coordination with local executive and administrative organ in the location of the customer);

on conducting designer's service of construction in case of impossibility of implementation by developer of the project documentation of such supervision (in case of liquidation (the activities termination) of developer of the project documentation, availability of other circumstances excluding its activities);

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** For the purposes of this Decree the general project organization, general contract organization are understood as the project organization, contract organization which signed respectively the works agreement on the accomplishment of project and prospecting works, the construction contract involving in execution of the obligations of other persons (subcontractors).

1.7. in the cases provided in subitem 1.6 of this Item, purchase of goods (works, services) in case of construction are performed at the choice of the customer by carrying out the contract biddings, the biddings, negotiations or the exchange biddings;

1.8. the right without holding procedures of purchases of goods (works, services) in case of construction according to this Decree is granted and procedures of public procurements according to the legislation on public procurements to determine:

the general contract organization in case of construction of apartment houses from designs of panel, large-panel and volume and block housing construction performing construction of apartment houses from the specified self-produced designs if such construction is caused by requirements of the town-planning documentation developed in accordance with the established procedure, - in the decision of local executive and administrative organ on withdrawal and provision of the parcel of land;

the general project organization, general contract organization, the engineer (the engineering organization) when constructing facilities included in the state investing programs - to Council of Ministers of the Republic of Belarus;

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