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RESOLUTION OF THE MINISTRY OF EMERGENCY SITUATIONS OF THE REPUBLIC OF BELARUS

of September 30, 2016 No. 60

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

(as amended on 25-06-2019)

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, of subitem 7.4 of Item 7 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 29, 2006 No. 756, the Ministry of Emergency Situations 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.

First Deputy Minister

V. A. Stepanenko

Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of September 30, 2016 No. 60

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 Emergency Situations (further - the state program) if other 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 applied:

date of tender - date of meeting of tender committee which agenda includes question of determination of the winner of tender;

the agreement - the agreement on accomplishment of action of the state program signed between the customer of the state program and the contractor of action;

closed competition - method of the choice of the contractor of action from among the legal entities and individual entrepreneurs invited by the organizer of tender by the direction it of the notification on carrying out tender registered by the mailing;

the applicant - the legal entity or the individual entrepreneur who sent the competitive offer to the organizer of tender;

the notification on carrying out tender - the document which the organizer of tender informs on carrying out tender, including repeated, constituted according to requirements of this Instruction;

tender - form of selection of the contractor of action in case of which the winner the applicant who offered according to the conclusion of tender committee the best terms for the conclusion of the agreement in comparison with the conditions offered by other applicants is recognized;

tender committee - the permanent commission created by the organizer of tender for the organization and carrying out tender at the choice of the contractor of actions of the state programs and other purposes determined by this Instruction;

the competitive offer - set of documents by means of which giving the applicant declares participation in tender;

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

open tender - method of the choice of the contractor of action of the state program from among the legal entities and individual entrepreneurs invited to participation in tender by means of placement of the notification on carrying out tender on the official site and in need of the printing mass media determined by the customer of the state program;

the official site - the official site of the organizer of tender on the global computer Internet.

3. The choice of contractors of actions of the state program is performed by the organizer of tender by carrying out open and in case data on actions constitute the state secrets, closed competition.

The closed competition is held according to the procedure, established by this Instruction, taking into account the features determined by this Item.

The number of the participants invited to participation in closed competition shall provide fair competition taking into account time and expenses necessary for consideration, assessment and comparison of large number of offers.

Participants are not allowed to opening of envelopes with competitive offers on participation in closed competition.

4. Subject of tender is the right to the conclusion of the agreement to accomplishment of actions of the state program.

Legal entities and individual entrepreneurs, except as specified, of part three of Item 18 of the Regulations on procedure for forming, the financing, accomplishment and efficiency evaluation of implementation of state programs specified in paragraphs the fourth or eighth are allowed to participation in tender.

5. Organizer of tender:

creates tender committee;

informs legal entities and individual entrepreneurs on carrying out tender;

determines 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 notification 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 notification on carrying out tender;

performs other functions according to this Instruction.

Chapter 2. Notification on carrying out tender

6. The notification on carrying out tender is posted on the official site and in need of printing mass media (in case of holding open tender) or goes by mail (in case of carrying out closed competition):

at least in fifteen calendar days prior to date of tender;

at least in five calendar days prior to date of repeated tender.

7. Changes during the first half of the term established in the notification on carrying out tender for acceptance of competitive offers can be made to the notification on carrying out tender according to the solution of tender committee.

8. The notification on carrying out tender shall contain:

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