Resolution No. 395 “On Implementation of the Law of the Republic of Belarus“ On Amendments and Addenda to the Law of the Republic of Belarus “On Government Procurement of Goods (Works, Services)” will come into force on July 1, 2019

The resolution regulates arrangement and performance of public procurement of goods (works, services).

Purchases in the form of open tenders, electronic auctions and procedures for requesting price offers shall be held on electronic trading platforms, and purchases using exchange trading shall be conducted on commodity exchanges. The resolution established that when conducting tenders, electronic auctions, procedures for requesting price offers, a preferential amendment shall be applied in the following amounts:

15% - in case the participant that offers goods (works, services) originates from the Republic of Belarus and (or) countries that are granted national regime in the Republic of Belarus in accordance with international treaties of the Republic of Belarus;

25% - in case the participant offers goods (works, services) of domestic production by organizations of the Republic of Belarus in which the number of disabled people among personnel is at least 50% of the total number of employees.

The Resolution defines the documents that must be submitted for application for preferential amendments, lists of goods (works, services) and the form of the procedures used for their procurement, as well as expands the list of cases when the general rule on the impossibility of changing the terms of the contract does not apply as compared to the case established in part two of paragraph 1 of Article 25 of the Law of the Republic of Belarus “On Governmental Procurements of Goods (Works, Services)”.

The following cases were established as additional cases:

  • change in the scope (quantity) of goods (works, services) of not more than 10 percent;

  • increase in the terms of performance of obligations by the supplier (contractor, performer) upon the customer’s request, if it is necessary to change the design or technological solutions that require additional time from the supplier (contractor, performer) for supplying or selling goods in another way (performance of works, rendering of services), and such amendment could not have been predicted during the governmental procurement procedure;

  • reduction in the contract price without changing the scope (quantity) of goods (works, services), including their consumer, functional, technical, quality and operational parameters;

  • changes in the contract price due to changes in the law, as well as in case of changes in regulated prices (tariffs).