Don't end up on the "black" list

September 16, 2024

The official website http://www.icetrade.by. hosts the register of suppliers (contractors, performers) temporarily excluded from procurement, and the list of suppliers (contractors, performers) temporarily excluded from participating in public procurement procedures.

In accordance with subparagraph 2.5 of paragraph 2 of the Resolution of the Council of Ministers of the Republic of Belarus dated March 15, 2021 No. 229 "On improving relations in the field of procurement of goods (works, services) at the expense of own funds," the formation and maintenance of the register of suppliers (contractors, performers) temporarily excluded from procurement is carried out by the Ministry of Antimonopoly Regulation and Trade in the manner established by it, which places such a register in open access in the "Tenders" information system. The register includes for one year:

- legal entities and individuals, including individual entrepreneurs, who evaded concluding contracts in case they were selected as winning bidders, if this is not related to the customer's change of procurement procedure terms;

- legal entities and individuals, including individual entrepreneurs, with whom contracts have been terminated by court decision due to non-performance or improper performance of these contracts, except for contracts terminated due to force majeure circumstances, impossibility of performance, or based on an act of a state body;

- legal entities and individual entrepreneurs whose employees have committed crimes related to participation in procurement procedures, including bribery, as established by a court verdict that has entered into legal force, as well as individuals, including individual entrepreneurs, who have committed such crimes.

Information about a legal entity or individual, including an individual entrepreneur, to be included in the register of suppliers (contractors, performers) temporarily not admitted to procurement, in cases established by the second and third paragraphs of the third part of this subparagraph, shall be sent by the organization (organizer) to the Ministry of Antimonopoly Regulation and Trade within one month after the occurrence of the relevant grounds.

In order not to be included in the list of suppliers (contractors, performers) temporarily not admitted to participate in public procurement procedures, based on the decision of the authorized state body for public procurement, in accordance with paragraph 1 of Article 17 of the Law on Public Procurement of Goods (Works, Services), it is necessary to know that the following are subject to inclusion:

- legal entities and individuals, including individual entrepreneurs, who evaded concluding contracts in case they were selected as winning participants;

- legal entities and individuals, including individual entrepreneurs, who have not fulfilled or have improperly fulfilled contracts, in case of termination of such contracts;

- legal entities and individuals, including individual entrepreneurs, with whom the customers have terminated contracts due to unilateral refusal to perform the contract, during the performance of which it was established that the supplier (contractor, performer) did not meet the requirements for participants established by the documents submitted for preparing the proposal, or provided false information about their compliance with such requirements, which allowed them to become a winning participant in the public procurement procedure, based on the results of which the contract was concluded.

In this regard, information about a legal entity or an individual, including an individual entrepreneur, subject to inclusion in the list in cases established by Part One of this clause, shall be sent by the customer (organizer) to the authorized state body for public procurement within one month from the expiration of the period for concluding the contract, which the person evaded, or from the date of termination of the contract.

The authorized state body for public procurement in this case is the Ministry of Antimonopoly Regulation and Trade (220030, Minsk, Kirova St., 8, bldg. 1, http://www.mart.gov.by.)

In accordance with clause 1 of Article 17 of the Law on Public Procurement, inclusion in the list is not carried out if the legal entity is determined as a supplier (contractor, performer) as a result of a single-source procurement procedure in accordance with clauses 1 and 4 of the Annex to the said Law:

- procurement of centralized water supply, sewerage, heat supply (heating, hot water supply), gas supply (except for liquefied gas supply) services, energy supply or purchase and sale of electrical energy at regulated prices (tariffs), connection (joining) services to engineering and technical support networks, as well as other services related to natural monopolies (clause 1 of the Annex).

- procurement of goods (works, services) from a specific person, determined by legislative acts, as well as procurement of goods (works, services), the supply (performance, provision) of which can only be carried out by executive authorities in accordance with their powers or by state institutions subordinate to them, state unitary enterprises, legal entities, one hundred percent of whose common (ordinary) or other voting shares (stakes) belong to the state, whose powers are established by legislative acts (para. 4 of the appendix).

According to para. 13 of Decree of the President of the Republic of Belarus No. 143 of April 24, 2020 "On Support of the Economy", inclusion in the list of suppliers (contractors, performers) temporarily not allowed to participate in public procurement procedures is not carried out if the public procurement contract with the supplier (contractor, performer) is terminated due to its non-performance or improper performance:

- due to the occurrence of force majeure circumstances. The existence of force majeure circumstances for the supplier (contractor, performer) is evidenced by the Belarusian Chamber of Commerce and Industry in the manner established by it, or by an authorized body in accordance with the legislation of the country of which the supplier (contractor, performer) is a resident;

- in connection with a change in the exchange rate of the Belarusian ruble to one of the foreign currencies included in the currency basket, established by the National Bank, by more than 20 percent compared to the rate that was in effect on the date of submission of the bid by the winning participant, and in the case of an electronic auction - on the date of the auction or on the date of conclusion of the contract in case of a single-source procurement procedure.

 

 

Deputy Prosecutor

of Gluboksky District

Junior Justice Counselor Ya.I. Sosnovsky