24.06.2019

On Procurement of Goods (Works, Services) during Construction. Edict of the President of the Republic of Belarus. June 7, 2019 No. 223.

In general, the procurement procedure established by the Edict is similar to that in effect until 01.01.2019 according to Presidential Edict No. 380 of 20.10.2016. This procedure is used in construction with involvement of the state or local budget, off-budget state funds, foreign state loans and foreign loans attracted under the guarantees of the Government of the Republic of Belarus, loans of banks of the Republic of Belarus, attracted under the guarantees of the Government of the Republic of Belarus, regional executive committees and Minsk City Executive Committee, but there are some innovations.

Thus, the list of cases when the procurement procedures are not mandatory or they can be omitted has been expanded. For example, when placing an order for:

  • making amendments and supplements to the design documentation upon the customer’s request;
  • performance of additional works not included into the construction design and estimate documentation for construction by the contracting organization, the need to perform which arose during the performance of the construction contract, with subsequent amendments to the design, including design and estimate documentation, in the manner prescribed by the applicable law;
  • leasing of equipment required to perform certain types of construction, installation, special and other works;
  • suppliers of goods, contractors for works and services in the performance of public-private partnership projects, for customers and private partners.

The rule on the possibility of attracting previously selected designers to make amendments to the design documentation or its refinement has stopped the discussion that has existed in practice for a long time about the possibility of choosing a new contractor through a procurement procedure. The dispute was based on the fact that the exclusive rights to the documentation belonged to the primary designer and such refinement without their consent would be inappropriate.

The decree established that the Council of Ministers of the Republic of Belarus was entitled to establish a preferential amendment used during procurement of goods (works, services) during construction, to determine its size and conditions of use if the participant offers such procedures for goods (works, services) of own production, as well as goods (works, services) originating from the Republic of Belarus and the member states of the Eurasian Economic Union.

The Edict will become effective on July 1, 2019, and will stay in full force and effect until July 1, 2021.