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(一)白俄羅斯現行政府採購制度受以下法律規範:(1)「政府財物採購法」(Law No. 2588 on Procurement of Goods for Needs of the State),於一九九三年十一月二十四日施行,明訂在公平競爭的基礎上選擇供應商之準則。(2)「政府財物、工程、勞務採購法」(Regulation No. 652 on Some Issues of Procurement of Goods, Works and Services),於二○○三年五月十九日施行,明訂一般政府採購程序和申訴條款。此法規範公開招標程序、限制性招標程序、簡化的招標程序、協商程序、直接採購程序。公開招標適用於招標金額八萬歐元以上之標案,開放給任何廠商;限制性招標係指公開招標程序之前加入資格審查程序,以確定得標廠商有完成契約之能力;招標金額超過八萬歐元之標案,邀標公告和得標廠商必須刊登在報紙「Republic」上;簡化的招標程序適用於採購金額未超過八萬歐元之採購,只有該國居民可參與投標,且限採購該國生產之財物、勞務及工程。(3)「打擊犯罪和貪污措施」(The Law on Measures to Fight Organized Crime and Corruption),一九九七年六月二十六日施行,特別針對政府採購過程中的貪污和不法行為,明訂警察、情報、檢察官和稅務單位為共同主管機關。

(二)該國現行政府採購法適用於由下列經費支應之政府採購案件:中央政府預算、地方政府預算、國家發展基金、政府貸款、政府擁有部分所有權之組織的資產。然而,政府持有部份股權之公司得自由決定該公司之採購程序。
(三)該國政府採購相關法規明訂廠商送交投標文件期限:(1)公開招標:不得少於三○天。(2)限制性招標:送交資格審查申請書期限不得少於二○天;送交投標文件期限,不得少於三○天。(3)簡化的招標:不得少於十五天。。(4)機關必須將招標結果通知所有參與投標之廠商,且該國已建立電子資訊系統「Tenders」,對外公開招標資訊。

(四)另獨立國協(CIS, Commonwealth of Independence States)對政府採購之規範,則見於「創造自由貿易區協定」(the Agreement on Creation of Free Trade Area)中;依據該協定,締約國有義務在不歧視和互惠的基礎上,為政府採購市場之自由化創造條件。

.Belarus Government Procurement System

1.The representative of Belarus said that public procurement practices in Belarus were regulated by the Law No..2588 "On Procurement of Goods for Needs of the State" dated 24.November.1993, which provided for the selection of suppliers on a competitive basis, and Regulation No.652 "On Some Issues of Procurement of Goods, Works and Services" of 19.May.2003 which established general procurement procedures based on tenders and provided for provisions of appeal.. Furthermore, the Law "On Measures to Fight Organized Crime and Corruption" of 26.June.1997 dealt, inter alia with corruption and malpractice in the field of government procurement..The Law determined state authorities in charge of counteracting corruption (police, intelligence, public prosecutors and tax authority within its competence).

2. He noted that the tendering procurement system applied to procurement contracts financed by state and local budgets, state target-based budgetary, off-budgetary and innovation funds, external loans attracted by the state, and assets of organizations partly owned by the state. However, partly state-owned companies could independently decide on their procurement procedures when procuring goods (services) destined for their own production or consumption.

3.He explained that Regulation No.652 provided for public, limited and simplified tendering procedures, negotiation procedures and direct procurement procedures.Public tendering procedures were used for procurement contracts exceeding 80,000. Anyone, regardless of residence, could participate in a public tendering procedure.The limited tendering procedure was a public tendering procedure with a preliminary qualification, carried out with a view to limit the number of candidates to those capable to guaranteed satisfactory realization of contracts exceeding 80,000 in value in respect of procurement of complicated equipment..An invitation to participate in the tender for procurement contracts exceeding 80,000 had to be published in the newspaper "Republic" as well as information on the winners of tenders. A simplified tendering procedure was used for procurement contracts not exceeding 80,000 with participation limited to Belarusian residents offering domestic goods (works, services).

4.He noted that according to the Edict No.242 "On Contract Auctions for Capital Construction", it was obligatory to use contract tenders for capital construction contracts with value exceeding 70,000 basic values (about 500,000), provided that such contracts were financed from the state and/or local budgets. Only public auctions could be used for construction contracts, invested (ordered) by foreign enterprises (a foreign enterprise was a Belarusian resident 100percent owned by non-resident) or joint ventures (a joint venture was a Belarusian resident with shares owned by non-resident) registered in the Republic of Belarus.

5.Timeframes were fixed only in relation to terms for elaboration and submission of tender offers:i) for public tendering procedure – not less than 30 days; ii) for limited tendering procedure – not less than 20 days to elaborate and submit application for preliminary qualification, and not less than 30 days for elaboration and submission of tender offers; iii) simplified tendering procedure – not less than 15 days. The participants had to be informed about the tender results. The Government created an electronic informational system "Tenders" open for public containing information on tenders.

6.In response to a question from a member of the Working Party about government procurement covered in the Agreement with the CIS, the representative of Belarus replied that general obligations concerning government procurement were contained in the Agreement on Creation of Free Trade Area dated 15 April 1994, according to which Contracting Parties were obliged to create conditions for liberalization of national markets of government procurement on the basis of non-discrimination and reciprocity.