RESOLUTION OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF BELARUS

of August 5, 2016 No. 28

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

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 Item 9 of the Regulations on the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of June 20, 2013 No. 503, the Ministry of Natural Resources and Environmental Protection 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.

Approved by the Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus of August 5, 2016 No. 28

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 (subprogrammes) which responsible customer is the Ministry of Natural Resources and Environmental Protection (further – tender).

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 (further – the Provision), and also the following terms and their determinations are applied:

date of tender – date of commission session which agenda includes question of determination of the participant of the tender which won competition;

the contract for accomplishment of action – the contract for accomplishment of action of the state program (subprogramme) (further – action) signed between the organizer of tender and the contractor of action determined by this organizer by results of tender;

the commission – the commission created by the organizer of tender for the carrying out tender and other purposes determined by this Instruction;

tender – method of the choice of the contractor of action following the results of which the participant of tender who offered according to the decision of the commission the best terms for the conclusion of the contract for accomplishment of action in comparison with the conditions offered by other participants of tender is recognized won;

the organizer of tender – the customer of the state program (subprogramme);

acceptance of the bid – registration by the organizer of the tender of the post envelope having mark "The bid according to the state program (subprogramme)", which arrived to the organizer of tender, by putting down of the mark in it consisting of the abbreviated name of the organizer of tender and receipt date of post envelope to the organizer of tender;

the participant of tender – the legal entity, the individual entrepreneur who submitted to the organizer of tender the bid.

3. The basic principles of carrying out tender are creation of equal competitive conditions for all participants of tender, publicity, objectivity of assessment and unity of requirements.

Subject of tender is the right to the conclusion of the contract for accomplishment of action.

Legal entities, individual entrepreneurs, except as specified, specified in paragraphs the fourth or eighth to the Provision Item 18 part three are allowed to participation in tender by the commission.

Chapter 2. Organization of tender

4. For the organization and carrying out tender, determination of the participant of the tender which won competition, the organizer of tender creates the commission as a part of at least five people.

The staff of the commission is determined by the organizer of tender from among his workers.

The chairman, the deputy (if necessary – deputies) the chairman and the secretary (if necessary – secretaries) the commissions are appointed from among members of the commission in case of determination of its members.

The member of the commission has no right to delegate to the other person the powers to participation in work of the commission.

If the state program has subprogrammes, the organizer of tender has the right to appoint the commission for each subprogramme.

5. In the activities the commission is guided by the Civil code of the Republic of Belarus, other acts of the legislation, including this Instruction.

The operating procedure of the commission is determined by the regulations of work of the commission approved by the organizer of tender.

6. Work of the commission will be organized in the form of meetings.

Commission sessions are held as required and are considered competent if at them there are more than a half of members of the commission.

7. The decision of the commission is made by open voting and deemed accepted if most of the members of the commission who are present at meeting voted for it.

In case of equal distribution of voices the decision for which the commission chairman voted is made, and in case of its absence on commission session – the vice-chairman of the commission.

8. The decision of the commission is drawn up by the protocol which is constituted by the secretary of the commission and is signed by all members of the commission participating in meeting no later than three working days following behind day of carrying out commission session.

9. For the announcement of tender by the organizer of tender the notice on carrying out tender in form according to appendix 1 affirms.

The notice on carrying out tender is posted by the organizer of tender on the official site on the global computer Internet:

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

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

The notice on carrying out tender can be in addition published in printing mass media.

10. The organizer of tender has the right to change its conditions during the first half of the term established in the notice on carrying out tender for order taking for participation in tender.

The notice on change of conditions or cancellation of tender shall be prepared by the same method by what competition was announced.

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