LAW OF THE REPUBLIC OF BELARUS

of January 31, 2024 No. 354-Z

About change of the Law of the Republic of Belarus "About public procurements of goods (works, services)"

Accepted by the House of Representatives on December 7, 2023

Approved by Council of the Republic on December 22, 2023

Article 1. Bring in the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "About public procurements of goods (works, services)" the following changes:

1. In Article 1:

in the paragraph the second" (further - the agreement)" shall be replaced with words words ", including agreements of lifecycle in case of its conclusion (further if other is not established by this Law, - the agreement)";

after the paragraph of third to add Article with the paragraph of the following content:

"the agreement of lifecycle - the agreement which subject are purchase of goods or works, the subsequent servicing, repair and (or) operation during service life and (or) utilization of the acquired goods or the object created as a result of performance of work;";

in paragraph five "approximate" to replace the word with the "limiting" word;

the tenth to state the paragraph in the following edition:

"estimated cost of annual need for homogeneous goods (works, services) - the expected cost of need for homogeneous goods (works, services) for financial year;";

after the paragraph of the tenth to add Article with paragraphs of the following content:

"estimated cost of total requirement in homogeneous goods (works, services) - the expected cost of need for homogeneous goods (works, services) for the term of implementation of public procurement, the exceeding financial year;

features of implementation of public procurements - other, than is provided by this Law, legal regulation of the relations arising in connection with implementation of public procurements including planning of public procurements, the choice of the supplier (the contractor, the contractor) and the relations connected with the conclusion, execution, change and agreement cancelation;";

after the paragraph of the eleventh to add Article with the paragraph of the following content:

"the ceiling price of subject of public procurement - the maximum cost of subject of public procurement including expected benefits amount the customer to the supplier (the contractor, the contractor) for delivery or acquisition different way (further if other is not established by this Law, - delivery) goods (performance of works, rendering services), the value added tax and other taxes, charges (duties), other obligatory payments;";

the eighteenth to state the paragraph in the following edition:

"goods - things, except for money, securities, currency values, other property, including property rights, including provided according to the lease agreement (including finance lease (leasing)), and also property rights on results of intellectual activities;".

2. State Article 2 in the following edition:

"Article 2. Coverage of this Law

1. This Law governs the relations arising in connection with implementation of public procurements including planning of public procurements, the choice of the supplier (the contractor, the contractor) and the relations connected with the conclusion, execution, change and agreement cancelation.

Legal acts or resolutions of Council of Ministers of the Republic of Belarus can:

be established cases when purchases of goods (works, services) are performed according to the procedure, stipulated by the legislation about public procurements, irrespective of financing source;

be determined financing sources at the expense of which purchases of goods (works, services) are performed according to the procedure, stipulated by the legislation about public procurements.

2. Operation of this Law does not extend on:

the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, parking places, their parts relating to fixed assets of the machines, the equipment, vehicles, other personal estate which are in state-owned property, property of economic societies, more than fifty percent of shares (share in authorized funds) of which belongs to the state;

the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, their parts for implementation of operational search activities, ensuring national security of the Republic of Belarus;

conclusion of lease agreements of the parcels of land;

the conclusion of lease agreements of the property which is located abroad;

implementation of ministerial procedures;

the relations connected with forced withdrawal of property for the purpose of ensuring national security of the Republic of Belarus, its economic stability, protection of the rights and legitimate interests of the Belarusian legal and (or) physical persons, interests of society and the state which are regulated by the law.

3. By the president of the Republic of Belarus in exceptional cases taking into account international treaties of the Republic of Belarus spheres of the relations and (or) cases of implementation of public procurements to which operation of this Law or its separate requirements, and also features of holding procurement procedure from one source do not extend can be determined.".

3. In Article 5:

in Item 1 of the word "1. Under" to replace with the word "Under";

exclude Item 2.

4. In Article 6:

in Item 2:

the paragraph the fifth after words "tender cancelled," to add with the words "protocols of opening and consideration of offers for participation in the first stage of two-stage tender, protocols of preliminary selection of participants";

the eleventh to add the paragraph with words "(further if other is not established by this Law, - the list)";

after the paragraph of the fourteenth to add Item with the paragraph of the following content:

"addressing (hyperlink) to the Eurasian register of manufactured goods of state members of the Eurasian Economic Union;";

the second Item 3 to state part in the following edition:

"The data on public procurements constituting the state secrets or relating to office information of limited distribution in the state information and analytical system and on electronic trading platforms taking into account provisions of this Law are not placed.".

5. State Article 9 in the following edition:

"Article 9. Powers of Council of Ministers of the Republic of Belarus in the field of public procurements

Council of Ministers of the Republic of Belarus in the field of public procurements:

provides carrying out single state policy;

signs intergovernmental agreements of the Republic of Belarus, takes measures for implementation of international treaties of the Republic of Belarus;

determines electronic trading platforms for holding procedures of public procurements on them;

establishes the preferential amendment taking into account international treaties of the Republic of Belarus, determines its size, goods (works, services) and participants for application of the preferential amendment, and also procedure and conditions of its application, including the documents and (or) data confirming the right to application of the preferential amendment;

establishes the preferential amendment to the relation of goods (works, services) self-produced the organizations of the Republic of Belarus in which the number of disabled people constitutes at least fifty percent of payroll number of workers, determines its size, goods (works, services) and participants for application of the preferential amendment, and also procedure and conditions of its application, including the documents and (or) data confirming the right to application of the preferential amendment;

determines persons performing fee of the organizer, operator of electronic trading platform and establishes procedure for determination of the amount of such payment;

the efficiency of public procurements having the right to establish for the purpose of increase additional requirements to goods (works, services) which are subject of public procurement and participants, including regarding work experience and (or) experience of execution of the agreements signed in the corresponding sphere of activity, technical equipment, the financial and other opportunities necessary for agreement performance;

has the right to establish features of implementation of public procurements, including concerning separate types of goods (works, services), taking into account international treaties of the Republic of Belarus;

has the right to establish conditions of the admission of goods (works, services) of foreign origin and suppliers (contractors, contractors) offering such goods (works, services), to participation in procedures of public procurements taking into account international treaties of the Republic of Belarus;

has the right to establish procedure and (or) additional requirements to the organization and holding procurement procedure from one source, including cases and procedure for its carrying out on electronic trading platform;

has the right to establish standard forms of agreements in the field of public procurements, including concerning separate types of goods (works, services);

has the right to determine state bodies (organizations) responsible for preparation and approval in coordination with authorized state body by public procurements of standard consumer, functional, technical, qualitative and operational performances (characteristics) of separate types of goods (works, services) obligatory to use in case of the description of subject of public procurement;

determines procedure for creation, functioning and use of the catalog of goods (works, services) for the purposes of implementation of public procurements;

performs other powers according to the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.".

6. In Article 10:

the ninth to state the paragraph in the following edition:

"establishes procedure and (or) methods of ceiling determination of price of subject of public procurement;";

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