RESOLUTION OF THE MINISTRY OF DEFENCE OF THE REPUBLIC OF BELARUS

of October 14, 2008 No. 78

About approval of the Instruction about procedure for the conclusion of contracts for creation (transfer) of special purpose by scientific and technical products

Based on the Regulations on the Ministry of Defence of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 7, 2006 No. 719 "Questions of the central bodies of military management of Armed Forces of the Republic of Belarus", the Ministry of Defence of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for the conclusion of contracts for creation (transfer) of special purpose by scientific and technical products.

2. Declare invalid the order of the Minister of Defence of the Republic of Belarus of March 15, 1999 No. 133 "About approval of the Regulations on procedure for the conclusion of contracts for creation (transfer) of special purpose by scientific and technical products" (The national register of legal acts of the Republic of Belarus, 1999, No. 31, 8/203).

3. Distribute this resolution to military representative offices of the Ministry of Defence of the Republic of Belarus.

Approved by the Resolution of the Ministry of Defence of the Republic of Belarus of October 14, 2008 No. 78

The instruction about procedure for the conclusion of contracts for creation (transfer) of special purpose by scientific and technical products

Chapter 1. General provisions

1. The instruction about procedure for the conclusion of contracts for creation (transfer) of special purpose by scientific and technical products (further - the Instruction) establishes in Armed Forces of the Republic of Belarus (further - Armed Forces) procedure for the conclusion of contracts for accomplishment of research, developmental works on creation (development) of scientific and technical products of special purpose (further - NIR (ROC), financed by the budgetary funds and other sources which are not prohibited by the legislation.

Action of this Instruction extends to transport troops of the Republic of Belarus.

2. For the purposes of this Instruction the main terms and their determinations are used:

arms and military equipment (further - VVT) - complexes of different types of weapon and means of ensuring of its fighting application, including delivery systems, systems of targeting, start-up, management, and also other special technical means intended for equipment of Armed Forces and other military forming, ammunition and their components, spare parts, components, devices, educational property (prototypes, exercise machines and simulators of different types of VVT);

temporary research team (further - VNK) - the voluntary merging of physical persons without formation of legal entity created for the purpose of implementation of scientific activities according to the procedure and on the conditions determined by the legislation and the agreement;

the head contractor of NIR (ROC) (further - the contractor) the legal entity who signed with the state customer the contract for the accomplishment of NIR (ROC) coordinating work of contractors of components of NIR (ROC) according to the agreements signed with them (further - the collaborator) and NIR (ROC) which is responsible for accomplishment in general;

the state customer of NIR (ROC) (further - the state customer) - the scientific and technical committee of Armed Forces performing in the Ministry of Defence of the Republic of Belarus (further - the Ministry of Defence) functions according to the conclusion of contracts for NIR (ROC) (daleedogovor), coordination and control of their accomplishment at all stages. In some cases accomplishment of these functions according to the decision of the Minister of Defence of the Republic of Belarus can be assigned to other structural divisions of the Ministry of Defence, the General Staff of Armed Forces, Armed Forces. Such decision is made by the Minister of Defence of the Republic of Belarus based on the recommendation of Military scientific council of Armed Forces;

the customer of NIR (ROC) (further - the customer) - structural division of the Ministry of Defence, the General Staff of Armed Forces, Armed Forces (including dovolstvuyushchy body of Armed Forces) (daleestrukturny division) which is authorized to determine the need for scientific and technical products of special purpose (further - NTP) in the direction, its characteristics to order purchase of NIR (ROC), to develop tasks for purchase NIR (ROC), tactical specifications on NIR (ROC) (further - TTZ), and also to determine the need for money on the specified purposes;

the prototype - the simplified reproduction of product VVT or its component on which separate product characteristics are researched and also is estimated correctness of the made technical and constructive solutions;

model - the product reproducing or imitating specific properties of the created product VVT or its component and made for check of the principle of its action and determination of separate characteristics;

NTP - results of research, developmental and experienced and technological works, prototypes of substances, materials and products, inventions, useful models, industrial designs, special program and software of systems of automated management of troops, weapon and military equipment, military NIR (ROC), computer programs, databases, other military intellectual property items;

NIR - complex of the theoretical and pilot studies conducted according to the single initial technical document (TTZ) for the purpose of research of the principles and ways of creation new and enhancement of the existing samples of VVT, determination of their tactical technical characteristics for the benefit of defense and safety of the state, determination of conditions of fighting application, operation and repair of VVT, theoretical reasons for questions of development and enhancement of forms and methods of conducting armed struggle, project development of the specifications and technical documentation in the field of the technical regulation and standardization connected with creation (upgrade) of VVT;

the specifications and technical documentation - set of the technical documents regulating researches, development, production, operation of NTP. The state and industry standards, general technical requirements, TTZ, including on accomplishment of components of NIR (ROC), the program of testing and their technique, the program of ensuring reliability, specifications on products, other project, design, technological, operational, program, instructive-methodological documentation concern to her;

ROC - complex of the works performed on the single initial technical document (TTZ) for creation (upgrade) of sample of VVT;

prototype - the product VVT made during the course of performance by ROC on again developed worker of design, program and technological documentation for check by testing of compliance of its parameters and characteristics to requirements of TTZ (TTZ on component of NIR (ROC), correctness of the made technical solutions, and also for the solution of question of possibility of acceptance of product VVT on arms (supply), in operation, for proper use and statement on production;

marginal price of stage, NIR (ROC) - the price of stage limited to upper limit, NIR (ROC) established in the agreement according to the protocol of approval of the price of work;

results of NIR (ROC) - the new knowledge and methods of their application received theoretically or experimentally, the samples of new products and (or) design documentation, new technologies and other results fixed on any information carrier;

TTZ - the initial technical document on accomplishment of NIR (ROC) establishing complex of requirements (tactical technical requirements) to the created NTP, to content, amount, terms of performance of work in general;

fixed price of stage, NIR (ROC) - the price of stage, NIR (ROC) in firmly expressed cash size which is determined by the contractor and the state customer for final settlement on the completed phase or NIR (ROC) by the method established in the agreement;

economic control over the implementation of NIR (ROC) - activities for control of correctness of calculation by the contractor of cost of NTP and the price of works, checks of actual costs for the shown reporting documents including calculations, primary and summary documentation of the contractor and collaborators, control of conducting by the contractor accounting of the material values created (acquired) during NIR (ROC) and which remained with it after their accomplishment stored and also behind their transfer in accordance with the established procedure according to the decisions made by the state customer;

stage - the independent part of NIR (ROC) which is subject to planning and financing. In some cases according to the decision of the state customer and contractor the stage can be divided into substages which are also subjects to planning and financing.

Chapter 2. Procedure for the conclusion of contracts for accomplishment of research, developmental works

3. The bases for the organization of work on the conclusion of agreements are the state programs approved in accordance with the established procedure, the annual state defense order, the plan of scientific activities of Armed Forces, and also separate scientific and technical projects which accomplishment is planned to be performed based on decisions of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Minister of Defence of the Republic of Belarus (further - the planned document).

4. According to planned documents the state customer will organize work of customers on preparation of the TTZ projects and their approval in accordance with the established procedure.

The TTZ developed project is submitted to the state customer prior to implementation of the procedure of public procurement of NIR (ROC).

TTZ affirms to the conclusion of the agreement one of deputy defense secretaries of the Republic of Belarus in whose subordination there is customer.

5. The state customer in the presence of the approved task for purchase of NIR (ROC) together with the customer develops the documents provided by procurement procedures, including competitive documents, schedules of carrying out tenders, requests of price offers and others, and will organize holding the procurement procedure determined in task for purchase.

In case of the choice of the contractor by holding procedure of execution of the competitive list the customer will independently organize necessary actions. After decision making about the choice of the contractor all documents and the TTZ project connected with the specified procurement procedure are represented to the state customer for the organization of necessary works on approval of TTZ, preparation and the conclusion of the agreement.

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