PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 5, 2009 No. 232

About some questions of holding auctions (tenders)

For the purpose of further enhancement of procedure for holding auctions (tenders):

1. Determine that:

1.1. it is not allowed if other is not provided by this Decree, establishment and collection from the participant of auction (tender) (further - the participant) payments for the organization, carrying out or participation in auction (tender), including for application (statement) for participation in it, provision of documentation necessary for its carrying out, in cases when obligation of holding the auction (tender) in case of the order property, performance of works, rendering services, provision of the rights, including to intellectual property items, is established by the legislation;

1.2. under the organization and holding auctions (tenders):

participants make deposit in the amount of, procedure and the terms determined in the notice on holding the auction (tender);

to the participant who did not win the biddings and also in other cases, stipulated by the legislation, the deposit shall be returned within five working days from the date of holding the auction (tender). To the participant who won the biddings, the amount of the made deposit is considered on account of obligation fulfillment under the agreement signed by results of auction (tender);

in case of refusal or evasion of the participant who won the biddings from signing of the protocol and (or) the agreement which is drawn up by results of auction (tender), cost recovery on the organization and holding the auction (tender) and also in other cases, stipulated by the legislation, the deposit made by it is not subject to return;

cost recovery on the organization and holding the auction (tender), including the expenses connected with production and provision to participants of documentation necessary for its carrying out is performed by the participant who won the biddings. The amount of such compensation shall not exceed the amounts of actual costs on the organization and holding the auction (tender), production of documentation necessary for its carrying out, and also to include costs on earlier held not productive, cancelled auctions (tenders) in case of repeated exposure of object to the biddings;

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