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Address:
177,Nezavisimosti ave., room 1a 220125, Minsk, Belarus
business center PORT

Email: info1@eneca.by SiteMap

Phones:

+375 17 393 27 88 +375 29 117 38 63 +375 29 671 97 36 +375 29 255 78 33

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Next Generation

A new programme called "Generation NEXT" has been opened in "ENECA" Company. Talented and ambitious students who would like to develop their skills and who care about their future career are welcome to undertake an internship in our company. Internship vacancies are open for students whose lines are marketing, ecology, and design. During the practice an intern has the opportunity to acquire professional knowledge, assisting real specialists in their work. The development of a student as a specialist is important to us. But the formation of a student's forward-looking point of view to his profession and job is the most important result of this internship. We publish points of view or work results of remarkable students. Who knows, maybe this particular view point of the generation "NEXT" will help Belarusian energy sector to develop more effectively?

Public purchases – how it all begins

 Logical completion of practical training in “ENECA” company is near. I did not a bit regret to be here. My speciality (international lawyer) is not widespread, so the choice of practical training"s place is not an easy task. I wanted to benefit from practice as much as possible, as I clear understand that the only theory, given in educational institutions, is not enough to get a job. The main thing I would like to try is something what is versatile, interesting and connected with work in a team. As a result, all my requirements are met.
During all this time, I often worked with the contracts, and I had to correct them, learned to make statements of claim and so on. When the time to choose a topic for my article came, I thought about how all this this process looks from the beginning till the end. This is what I will try to tell in a simple language, without difficult legal terminology, and based on my experience, the experience of employees of this company, which they shared with me, and, of course, legal acts.
As “ENECA” company is engaged in projects development (of boiler rooms, mini CHP, biogaseous complexes, wind turbines, industrial buildings, logistic centers, trading space), predesign works, ecological works (the ecological passport of the project, the sanitary-hygienic zones, “Environmental Protection” and “Environmental Impact evaluation”, the inventory of pollutant emissions, the calculation of an environmental tax, the calculation of noise), economic works (the development of a business plan), that"s why the large array of contracts are the contracts on fulfillment of works and the contracts of work and labour on fulfillment design and survey works. If the phrase the contract on fulfillment of works is understood for everyone, the next phrase may cause some difficulty. So, in accordance with the Civil Code of the Republic of Belarus according to the contract of work and labour on fulfillment design and survey works, the contractor (designer, in our case this is “ENECA”) is obliged to develop construction documents according to the client"s task and (or) to perform survey works, and the client (any contracting party) is obliged to accept and pay the result.

 

How it all begins?

Before contracting parties find each other, a competitive tenders can be held to find the best one.
The Edict of the President of the Republic of Belarus on November 17, 2008 № 618 “On the public purchases in the Republic of Belarus” sets the general rules of holding a competitive tenders. These rules are adjusted by the Regulation of the Council of Ministers of the Republic of Belarus on March 3, 2005 № 235 “On the approval of the provisions of formation of the contractual prices and the accounts between the customer and the contractor during the construction of facilities and of the order of the organization and conduct of contract bargaining on the construction of facilities”.

This Regulation specifies that the conduct of contract bargaining, unless otherwise provided by the President of the Republic of Belarus, is compulsory when the orders for the construction of facilities, including the repair, reconstruction, restoration and improvement are placed and funded by:

  • - the republican and (or) local budgets, state special-purpose budgetary funds, state off-budget funds, foreign government lends and the loans of the Republic of Belarus banks under the guarantee of the Government of the Republic of Belarus - when the construction value is 3000 base units or more;
  • - other sources, with the exception of the objects, funded completely by foreign investors - when the construction value is 50 000 base units or more.

 If holding of competitive tenders is not mandatory, the contract of work and labour on fulfillment design and survey works will be concluded on the basis of the negotiations and agreement of the parties. The negotiations are conducted in case of placement the orders for the construction of:

  • facilities financed by other sources, whose cost is less than 50 000 base units, as well as when the design and survey works are necessary for these facilities;
  • to eliminate emergency situations or to prevent them (after the conclusions of an authorized body)
  • dwelling houses;
  • facilities in agricultural organizations, agro-towns and other settlements with population till 20 thousand people.

The organizer of the competitive tenders, the competitive committee, the applicants, as well as experts and observers in the cases stipulated by the Regulation, take part in the organization and conduct of competitive tenders.
Depending on the subject of the order, the design, the survey, the building and the engineering organizations (engineers), the suppliers may be the applicants. An applicant, participating in the competitive tenders:
• gets from their organizer a competitive documentation;
• develops a competitive bid which meets the conditions of the competitive tenders, and sends it to their organizer;
• can attend the competitive committee meetings in the way provided by the organizer of the competitive tenders;
• performs other actions stipulated by this Regulation.
The Regulation sets a strictly regulated order of holding of the tender, as well as special rules of the organization and conduct of the competitive tenders on fulfillment design and survey works.

The Regulation sets a strictly regulated order of holding of the tender, as well as special rules of the organization and conduct of the competitive tenders on fulfillment design and survey works.
The site of Informational Republican Unitary Enterprise “National Centre for Marketing and Price” http://www.icetrade.by contains information about tenders. To use the site you need to register.


A contract (a government contract) is concluded within 20 days or another period of time, specified in the notice, after the competitive tenders according to the results of these tenders, and after the negotiations a contract is concluded within 10 days after placing the order and approval of the minutes of the meeting. The essence of contract, generated by the results of the competitive tenders or the negotiations, is included in the concluded contract. Also, by mutual consent of the parties separate provisions can be included, which have not been the subject of the competitive tenders or negotiations, but which do not change their conditions. The competitive documentation, the winner"s offer of the competitive tenders, the protocol on the results are subjoined as appendixes to the contract (a government contract) and are an integral part of it.
Also, in the case of conclusion of the contract of work and labour on fulfillment design and survey works it should be guided by the Order of the Ministry of Architecture and Construction of the Republic of Belarus on November 4, 1999 № 339 “On the approval of the provision on the contracts of work and labour on fulfillment design and survey works”. The key elements of this legal act include requirements that apply to the client and the designer.


Requirements for the client:

  • - possession of the permission of the local executive and administrative body for the design or development of feasibility study of investment (with the exception of works of a searching nature);
  • - possession of a set of raw data (for the design works) in accordance with the NCB 1.03.02-96, NCB 3.01.01-96 (norms of construction), if the client does not charge the designer with their preparation and collection according to the contract"s provisions;

Requirements for the designer:

  • - possession of the license on the fulfillment of appropriate types of design and survey works operating on the territory of the Republic of Belarus.

Also, this Order sets that in the case of inflation in the period of execution of the contract the cost of performed works (steps) and the contract price generally can be indexed on the basis of indexes of changes of value of design and survey works, approved by the Ministry of Architecture and Construction.

So the next step is to get the permission of the local executive and administrative body for conclusion of the contract. After receiving this, you must strictly ensure that the title of the contract corresponds to the permission of the body.

Now it is the stage of conclusion of the contract.
Firstly, you need to determine the volume of the contract . It should not be too small or too large. In the first case, not all conditions can be prescribed, what can lead to controversial situations, and in the second case, pre-contractual works will be delayed.

Draft contract is usually prepared by one party and is sent to the other party, if the latter party fully agrees with all provisions of the contract, the contract is signed and returned. In case of conflict lawyers representing the interests of both sides seek a compromise. About ten years ago, this process took a long time, as the communication was by post, now, thanks to the Internet all takes about half an hour. If the lawyers do not come to a consensus a statement of disagreement is drawn. The draft contract and the statement of disagreement are sent to the other party for consideration. The proposed provisions are included into the contract with the consent of both parties.

So, how does a contract look like?


The contract includes an introduction or preamble, main body and appendixes.
The preamble includes the name (for example, a contract on fulfillment of works) and the contract number, which is usually assigned by the party preparing the contract. Also it is necessary to indicate the date and place of conclusion of the contract. Then you point the name of the parties (in our case this is “ENECA”) and their reference designation in the text of the contract (for example, the Client or the Designer, etc.). Moreover, you must specify the position, surname, name, patronymic of the representative of the party, who signs the contract and the name of the document on the basis of which they have such privileges. If the terms, used in the contract, may cause difficulties in their interpretation, we can specify their meaning. It is also necessary to point out legal acts that govern relations between the parties and legislation which the parties use.

In the main part of the contract the subject of the contract is firstly prescribed, in our case usually the subject of the contract are the development of the construction documents, fulfillment of survey works, the development of a business plan, etc. Also the contract includes the rights and obligations of the parties, the order of performance of the work, their price and the order of payment, the order of alteration and cancellation of the contract, what the parties should do in case of force majeure. The details of the parties must be mentioned.

The contract should stipulate all possible unpleasant consequences that may subsequently arise due to carelessness of the counterparty, for example, provide for a penalty for the improper performance of obligations under the contract. According to the Civil Code of the Republic of Belarus penalty (fine) is a sum of money appointed in the legislation or in the contract which the debtor is obliged to pay to the creditor, unless otherwise provided by legal acts, in the case of non-performance or improper performance of the obligations, particularly in the case of delay in execution. Also it is necessary to take into account the fact that the case may go to the dispute. So you need to think in advance about how to act in such a situation. It would be better to mention the provision about resolution a dispute through negotiations (it is better to specify the term) and in the case of failure to reach a compromise - resolution the dispute in court. As a general rule, a statement of claim is filed to the court according to the abiding place (place of registration) of the defendant.
The majority of the contracts have appendixes that are its integral parts. In our case these are the performance specification on execution of work, a list of the raw data, the provisional estimate, the schedule of execution of work and payment schedule, a protocol of agreement on the contractual value.

Each page of the contract shall be signed by both parties and stamped. Both copies have a stamp about which party owns the contract. On the last page there is a stamp, where the people who have checked the contract put their initials and signature.

Project documentation should pass mandatory public examination . The order of its passing is established in the Regulation of the Council of Ministers of the Republic of Belarus on October 8, 2008 № 1476 “On the approval of the provisions about the order of conduct of public examination of town planning projects, feasibility studies of investment in construction, architectural and construction projects, assignable work stages, stages of construction, starting complexes and estimates (estimate documents) and the provisions on the order of development, concurrence and approval of town planning projects, project documentation”.
Public examination of town planning projects and project documentation is held by a Republican Unitary Enterprise "Glavgosstroyekspertiza" or Subsidiary Republican Unitary Enterprises "Gosstroyekspertiza" by regions and Minsk. The purpose of the public examination is an assessment of compliance of developed town planning and project documentation with the requirements of the legislation in the field of architectural, town planning and construction activities. The duration of the public examination shall not exceed one month from the date of receipt of all required documents. In the case of improper performance of town planning and project documentation and the impossibility to eliminate experts" comments within the period prescribed for the conduct of public examination, a negative assurance of the public examination is issued.

Examination is paid by the client, but to quicken the process the designer can pay himself and then claim compensation from the client.

An act of acceptance of work is drawn after finishing the works by the designer, if the client is satisfied with everything, he signs it and transfers the rest of money, and that is the end. In case of defects the client draws reasoned written refusal, after which the defects are removed, the act of acceptance of work is signed and the remaining sum of money is transferred.

It seems that's the end, but ... it's not. Subsequently, the parties may enter into collateral agreements. Subject area is various: from alteration of the details of the parties up to the alteration of the name of the object, that is, you can change almost any conditions of the contract, except for the essential.

Рожковская Татьяна
стажер ОДО "ЭНЭКА"
БГУ 5 курс
факультет международных отношений

Therefore, you must pass all steps to ensure that the contract subsequently will help you, but won't bring the problems and confusion.

I would like to express special thanks for providing the information to Alexander Lebetsky.

Finally I would like to add a few words about the company “ENECA”. It was a bit exciting to come here first time, but as it"s said, if you can't take the heat, stay out of the kitchen, and in the result it turned out that all excitement was in vain, as the company's staff is friendly and affable. I was also surprised that almost a student of any specialty can pass the practice in company “ENECA”; here it"s possible to find a job for an engineer, a lawyer, a translator, and an economist. And everything depends on desire, if you want, you can ask and you will be explained what to do.

 

Phones:

+375 17 393 27 88 +375 29 117 38 63 +375 29 671 97 36 +375 29 255 78 33

Address: 177,Nezavisimosti ave., room 1a 220125, Minsk, Belarus
business center PORT

Email: info1@eneca.by