The main mistakes of customers-recipients of budget funds in the field of procurement during

construction from January 1, 2019 are:

1. carrying out procurement according to the procedures defined in Decree No. 380;

2. Incorrect definition of the procedure under the Law on State. purchases for the acquisition of works
and goods during construction. For example, a procedure for requesting price offers is underway,
although the estimated cost of an annual need is less than 300 BV.

Please note that before July 1, 2019, legal acts will be adopted that specify the procedure for the
implementation of state. procurement according to the new edition of the Law No. 419-3.
Consequently, the above procedure for selecting a procurement procedure for current repairs during
construction may change. These changes will be highlighted on our website as separate analytical
materials. In order to avoid mistakes, follow our news.

Errors in the preparation of documentation for the procedure of state procurement of construction
work on maintenance.

1. The non-inclusion of work on the current repair in the annual public procurement plan.

As noted above, since January 1, 2019, purchases of works for construction at the expense of budget
funds are carried out under the Law on Public Procurement. According to this Law, the customer places
on the official website the annual procurement plan no later than March 8 of the current year. Based on
the annual fee is determined by the volume of the subject of purchase, as a consequence, and the type
of procedure. Thus, if the customer plans to purchase construction work on current repair at the
expense of budget funds this year, he needs to include them in the annual plan for public procurement.

You can read more about the annual government procurement plan here.

2. Lack of documents provided to the participant for the preparation of proposals, the defective act and
estimates.

Example: the customer placed an invitation to participate in the request for quotations for current
repair works and determined that “the price includes all the costs of the work, confirmed by acts of
completed work”.
Such a procedure, if appealed, is subject to cancellation.

In accordance with the Law on State. procurement The customer in the documents submitted to the
participant for the preparation of the proposal, must specify the following information: a description of
the subject of public procurement, including the amount (quantity), as well as the time (dates) and place
of delivery or purchase of goods by other means (works, services) the subject of public procurement;
formula for calculating bid prices and other.

In addition to the legislation on public procurement, current repair work is also regulated by civil law
and regulations on a construction contract. Thus, in accordance with the provisions of the Civil Code of
the Republic of Belarus, the contractor is obliged to carry out construction and related work in
accordance with the project documentation establishing the scope, content of work and other
requirements for them, including the estimate documentation (estimate) determining the price of work
. For maintenance, development of project documentation and its expertise are not required. In
accordance with paragraph 9 of Art. 51 of Law 300-Z, the construction and installation work for the
current repair is carried out on the basis of a defective act and budget. The form of the defective act, as
well as the procedure for its application and filling is approved by the Ministry of Construction and
Architecture - by Decree No. 14 of April 29, 2011, Resolution No. 48 of October 17, 2011.

Thus, if the customer requires the purchase of construction work for the maintenance, a defective act
and estimate are drawn up, which are attached to the documentation for the purchase. These
documents provide participants with the necessary and sufficient information about the subject of the
procurement, which allows them to form the price of their proposals.

Therefore, in order to properly describe the subject of procurement of construction work for current
repair at the expense of budget funds, and also to comply with the requirements of civil law, the
customer must:

1. to attach to the documentation for the purchase estimate and defective act;

2. determine in the documentation the types of construction and installation works and their result.