RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of September 26, 2016 No. 61

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 "About procedure for forming, financing, accomplishment and efficiency evaluation of implementation of state programs", subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967 "Single questions of the Ministry of Economics of the Republic of Belarus", the Ministry of Economics of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for carrying out tenders at the choice of contractors of actions of state programs.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of September 26, 2016 No. 61

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 Economics of the Republic of Belarus (further - the Program).

2. For the purposes of this Instruction terms and their determinations in the values established by the Regulations on procedure for 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 "About procedure for forming, financing, accomplishment and efficiency evaluation of implementation of state programs" are applied (The national legal Internet portal of the Republic of Belarus, 28.07.2016, 1/16563).

3. The basic principles of carrying out tender of contractors of actions of the Program (further - tender) are creation of equal competitive conditions for all participants of tender, publicity, objectivity of assessment and unity of requirements.

4. The legal entities of all patterns of ownership and individual entrepreneurs (further - subjects of managing) meeting the requirements determined by this Instruction can be participants of the held competition.

5. Subjects of managing are not allowed to participation in tender:

which property it is seized;

the liquidations (the activities termination) which are in process on which the court makes the decision on bankruptcy with liquidation (the activities termination) of the debtor, the reorganization which are in process (except for the legal entities reorganized by joining to them of other legal entities);

included in supplier list (contractors, contractors) who are temporarily not allowed to participation in procedures of public procurements;

the paragraph the fifth is excluded;

provided unreliable information about themselves.

Chapter 2. Organization of tender

6. Carrying out tender is performed by the customer of the Program (further - the customer).

Subject of tender is the right of the subject (subjects) of managing which offered the best terms to the conclusion of the contract for accomplishment of action (actions) of the Program (further - action).

7. For the organization and carrying out tender by the customer the contest committee as a part of at least five people is created. The members of the contest committee affirm the customer's head. The commissions can be included from their consent representatives of other state bodies, organizations, including associations and unions.

The member of the contest committee performs the powers according to the legislation.

Work of the contest committee will be organized in the form of meetings. Meetings of the contest committee are held as required and are considered competent if at them there are more than a half of members of the contest committee.

The decision of the contest committee 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 chairman of the contest committee voted is made, and in case of its absence at meeting of the contest committee - the vice-chairman of the contest committee.

The solution of the contest committee is drawn up by the protocol which is constituted by the secretary of the contest committee and is signed by all members of the contest committee participating in meeting no later than the working day following behind day of holding meeting of the contest committee.

If the member of the contest committee has the note according to the procedure of carrying out tender or does not agree with the made decision, he has the right to state in writing the special opinion which is applied to the minutes of the contest committee.

Material logistics of activities of the contest committee is performed by the customer.

8. For the announcement of tender by the customer the notice on carrying out tender in form according to appendix 1 to this Instruction which is subject to preliminary consideration and coordination by the contest committee affirms.

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

at least in fifteen 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.

The customer determines need of making a deposit, cost recovery on the organization and carrying out tender, the size of such costs, procedure and terms of their compensation by the winner (winners) of tender. The size of costs for the organization and carrying out tender shall not exceed the amounts of actual costs on the organization and carrying out tender and to include costs on earlier carried out, cancelled tenders in case of carrying out tender repeatedly.

9.   No. 18 is excluded according to the Resolution of the Ministry of Economics of the Republic of Belarus of 21.06.2018

10.   No. 18 is excluded according to the Resolution of the Ministry of Economics of the Republic of Belarus of 21.06.2018

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