of March 24, 2017 No. 6
About approval of the Instruction about procedure for carrying out tenders at the choice of contractors of actions
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 6.1 of Item 6 of the Regulations on the Ministry of Communications and Informatization of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 17, 2004 No. 302, the Ministry of Communications and Informatization of the Republic of Belarus DECIDES:
1. Approve the Instruction about procedure for carrying out tenders at the choice of contractors of actions it (is applied).
Approved by the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of March 24, 2017 No. 6
1. This Instruction determines procedure for carrying out tenders at the choice of receivers of money (further - contractors) actions of state programs which responsible customer is the Ministry of Communications and Informatization (further - the Program).
2. For the purposes of this Instruction terms and their determinations in the values established by Regulations on procedure for forming, financing, accomplishment and efficiency evaluation of implementation of state programs are applied.
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, if is not established other, - subjects of managing) meeting the requirements determined by competitive documents can be participants of 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;
provided unreliable information about themselves.
6. Carrying out tender is performed by the customer of the Program (further - the customer). Subject of tender is the right of the subjects of managing which offered the best terms to the conclusion of the agreement on accomplishment of action (actions) of the Program (further - action).
7. For the organization and carrying out tender by the customer the tender committee as a part of at least five people is created. The members of tender committee affirm the customer's head. Tender committee representatives of other state bodies, organizations, including associations and unions can be included from their consent.
The member of tender committee performs the powers according to the legislation.
Work of tender committee will be organized in the form of meetings. Meetings of tender committee are held as required and are considered competent if at them there are more than a half of members of tender committee.
The decision of tender committee is made by open voting and deemed accepted if most of the members of tender committee who are present at meeting voted for it.
In case of equal distribution of voices the decision for which the chairman of tender committee voted is made, and in case of its absence at meeting of tender committee - the vice-chairman of tender committee.
The solution of tender committee is drawn up by the protocol which is constituted by the secretary of tender committee and is signed by all members of tender committee participating in meeting no later than the working day following behind day of holding meeting of tender committee.
If the member of tender 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 tender committee.
Material logistics of activities of tender committee is performed by the customer.
8. For the declaration of tender by the customer the notification on carrying out tender and competitive documents which are subject to preliminary consideration and approval by tender committee affirm.
The approved notification on carrying out tender and competitive documents (in the form of the separate file) are subject to obligatory placement by the customer on the official site of the customer in global computer network the Internet. The notification on carrying out tender can be also in addition published in printing mass media.
The notification on carrying out tender shall contain data on time, the place and form of tender, its subject and procedure for carrying out, including on registration of participation in tender, determination of person who won competition, the term during which the agreement (agreements) on accomplishment of action shall be signed with the winner (winners) of tender, and also other data (if necessary).
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. In competitive documents shall be specified:
the detailed information about action, including the name, terms (stages if necessary) accomplishment, the number of the contractors involved in accomplishment of action, the description of the expected results (including on stages if necessary), and also parameters of efficiency of accomplishment of action and procedure for their calculation taking into account specifics of action if it is required for assessment of its accomplishment by the customer;
requirements to subjects of managing and documents which shall be provided by the participant for confirmation of conformity to these requirements;
form and procedure for execution of competitive offers, including requirements to their content and structure, procedure for response or change of competitive offers, requirement to the term of their action;
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