RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 15, 2012 No. 229

About enhancement of the relations in the field of purchases of goods (works, services) at the expense of own means

Based on the paragraph of the seventh of article 11 of the Law of the Republic of Belarus of July 23, 2008 "About Council of Ministers of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 424-Z

1. Determine that:

1.1. the republican unitary enterprises, state bodies, national associations, other legal entities whose property is in republican property or economic societies in which authorized capitals more than 25 percent of shares (shares) belong to the Republic of Belarus or the organizations which property is in republican property, except for operators of cellular mobile telecommunication (further - the organizations) conduct procurement, except for public procurements, goods (works, services) (purchases through own means) according to this resolution if other is not established by legal acts;

1.1-1. purchases at the expense of the means arriving from holding community work days are performed according to the procedure, determined by this resolution, irrespective of cost and subject of purchase;

1.2. operation of this resolution, except for subitem 2.19 of Item 2, does not extend to purchases of goods (works, services) at the expense of own means according to appendix 1, if other is not established in subitem 1.1-1 of this Item.

2. Determine that:

Determine that:

2.1. the organization conducts procurement through own means using tenders, electronic auctions and other types of competitive procedures of purchases, and also procurement procedure from one source.

Types of such procedures, and also conditions of their application and carrying out, the requirement to the conclusion and execution of purchase agreements, and also other provisions connected with implementation of purchases by the organization at the expense of own means are determined by the organization according to the procedure of implementation of purchases at the expense of own means (further – procedure for purchases at the expense of own means) taking into account the requirements containing in subitems 2.2-2.19 of this Item, and also other requirements established by legal acts or Council of Ministers of the Republic of Belarus concerning implementation of purchases at the expense of own means of separate types of goods (works, services).

The procedure for purchases at the expense of own means affirms:

the head of the organization if the organization are the republican unitary enterprise, national association, state body, other legal entity whose property is in republican property;

the board of directors (supervisory board), board (directorate) or the director (CEO) if the organization is the economic society determined in subitem 1.1 of Item 1 of this resolution.

The procedure for purchases at the expense of own means, including changes in it, is placed in open access in the information system "Tenders" on the website of information republican unitary enterprise "National Center of Marketing and Price Situation" (further – the information system "Tenders") within three working days after its approval;

2.2. the procurement procedure from one source is understood as method of the choice of the supplier (the contractor, the contractor) in case of which the organization suggests to sign the purchase agreement only to one supplier (the contractor, the contractor) based on results of studying of market situation, except for the case specified in paragraph four of part two of this subitem.

The procurement procedure from one source can be applied if:

the organization performs self-produced purchase of goods at their producer. For the purposes of this paragraph the documents confirming own production are the documents specified in paragraphs the second and fourth to part two of subitem 2.16 of this Item;

there was urgent need in purchase, and application of competitive procedures of purchases is impossible owing to lack of necessary time for their carrying out;

by the organization which conducted procurement at certain supplier (the contractor, the contractor) it is determined that additional purchase in quantity (amount) which is not exceeding the number (amount) of initial purchase in view of need of ensuring compatibility with earlier purchased goods (works, services) shall be made at the same supplier (the contractor, the contractor);

the competitive procedure for procurement, part (lot) of subject of procurement procedure, part of amount (quantity) of subject of procurement procedure or its part (lot) is acknowledged cancelled and its repeated carrying out is inexpedient;

the organization performs acquisition of products of crop production * from stabilization funds (inventories) of food products at persons performing storage of stabilization funds (inventories) of food products and realization of these products.

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* For the purposes of this resolution products of crop production are understood as fresh potatoes, white cabbage, carrots the dining room, beet the dining room, onion, apples.

Purchases using procurement procedure from one source in the cases specified in paragraphs the third or fifth to part two of this subitem are performed at producers or their sales organizations (official sales representatives) including included in the Register of producers of goods (works, services) and their sales organizations (official sales representatives) which maintaining is performed by the information republican unitary enterprise "National Center of Marketing and Price Situation", except as specified, when such purchases are economically inexpedient or impossible.

The decision on economic inexpediency or impossibility of implementation of purchase using procurement procedure from one source at producers or their sales organizations (official sales representatives) is accepted by the organization based on results of studying of market situation and is drawn up in the form of the reference signed by the authorized person of the organization, or the protocol of the commission created for holding procedures of the purchases containing reasons for such inexpediency or impossibility.

When studying market situation the direction the organization of requests to domestic manufacturers (is obligatory in case of their availability), including the organizations which are with the organization part of one holding, national association. Domestic manufacturers are understood as the making goods performing works or rendering services legal entities of the Republic of Belarus and physical persons – the citizens of the Republic of Belarus, foreign citizens and persons without citizenship including who are individual entrepreneurs, constantly living in the Republic of Belarus.

For the purposes of this resolution it is necessary to understand as the sales organization (the official sales representative):

the organization or the individual entrepreneur authorized on sales of goods, except for goods, specified in paragraph three of this part according to the agreement (agreement) with their producer, agreements (agreements) with national association, association (union) which part producers, or their charters or the agreement (agreement) with managing company of holding which member is the producer are. Effective period of such agreement (agreement) shall constitute at least a completion date of obligations provided by documentation on purchase according to procedure for purchases at the expense of own means or procurement procedure conditions from one source;

the organization – the nonresident of the Republic of Belarus authorized on sales of goods, 99–104 inventories specified in Items 26, of 27, 43–92, 94–97,, transactions with which legal entities and individual entrepreneurs shall conclude at the exchange biddings of "Belarusian Universal Commodity Exchange" open joint stock company, according to appendix 1 to the resolution of Council of Ministers of the Republic of Belarus of June 16, 2004 No. 714 "About measures for development of stock exchange trading at commodity exchanges", the manufacturing organization or the organization (consolidation, association, the union, holding) which part the manufacturing organizations are, based on the relevant civil agreements (the commission agreement, the agency agreement), or the organization – the nonresident of the Republic of Belarus managed by such organization by means of acquisition of shares (shares) in property or the conclusion of the relevant agreement on management (managing company) and also the organization or the individual entrepreneur – the resident of the Republic of Belarus, the called goods authorized on realization according to the agreement (agreement) with their producer – the resident of the Republic of Belarus, agreements (agreements) with national association, association (union) which part producers – residents of the Republic of Belarus are, or their charters or the agreement (agreement) with managing company of holding which member is the producer – the resident of the Republic of Belarus;

2.3. the invitation to participation in any kind of competitive procedures of purchases is placed in open access in the information system "Tenders" and shall contain:

name of type of procurement procedure;

name and location of the organization;

the description of subject of purchase, I will eat around him (quantity) or method of calculation, and also the place and delivery dates (acquisitions different way) the goods (performance of works, rendering services) which are purchase subject. At the same time the subject of purchase can be distributed in parts (lots) for the purpose of submission of offers by participants on any of such parts (lots);

estimated cost of subject of purchase;

specifying of starting price of electronic auction if it is determined based on the estimated cost of subject of purchase, or specifying that starting price of electronic auction is determined by the smallest price from proposals of the participants admitted to trading;

purchase financing source;

method of receipt of documentation on purchase;

term for preparation and submission of offers, the place of their giving;

requirements to the list of participants of procurement procedure;

other data according to procedure for purchases at the expense of own means.

The organization in addition distributes invitations to participation in competitive procurement procedure to the producers included in the Register of producers of goods (works, services) and their sales organizations (official sales representatives) in number of at least ten (in case of their availability), including to the organizations which are with the organization part of one holding, national association and also has the right to send such invitations to any to other potential suppliers famous for it (contractors, contractors) and (or) to place invitations in any mass media;

2.4. term for preparation and submission of offers shall constitute at least 5 calendar days from the date of placement of the invitation to participation in competitive procurement procedure in open access in the information system "Tenders".

If changes to participation in competitive procurement procedure and (or) documentation on purchase are brought in the invitation during the second half of the term established for preparation and submission of offers on participation in procurement procedure, such term shall be prolonged so that from the date of placement in open access in the information system "Tenders" of these changes before end date of the term established for preparation and submission of offers on participation in procurement procedure, such term constituted at least a half of initial term;

2.5. not stipulated by the legislation restriction of access for suppliers (contractors, contractors) is not allowed to participation in procurement procedure.

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