ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 12, 2018 No. 898

About approval of the purposes and conditions of public and private partnership for upgrade and increase in efficiency of activities of branches GP "Garile si Statiile Auto", general requirements to selection of the private partner and about modification of the Order of the Government

Based on subitems b) and e) article 11 of the Law No. 179/2008 on public and private partnership (The official monitor of the Republic of Moldova, 2008, Art. No. 165-166, 605) DECIDES: the Government

1. Approve the purposes and conditions of public and private partnership for upgrade and increase in efficiency of activities of branches GP "Garile si Staeiile Auto" and general requirements to selection of the private partner (are attached).

2. To the agency of public property:

1) to provide the organization and carrying out tender for selection of the private partner in one stage according to the Order of the Government No. 476/2012 about approval of the Regulations on standard procedures and general terms of selection of the private partner;

2) to sign the contract on public and private partnership with the selected private partner;

3) to perform monitoring of execution of contractual commitments by the private partner.

3. In appendix No. 2 to the Order of the Government No. 419/2012 about approval of the list of the objects which are in property of the state, and also the activity list and services of national public interest offered for public and private partnership (Official monitor of the Republic of Moldova, 2012, Art. No. 126-129, 457), to make the following changes:

The text "Public partner / Ministry of Transports and Road Infrastructure" to replace 1) with the text "State partner / Ministry of Economy and Infrastructure";

Line item 6 to exclude 2);

To add 3) with line item of 12-1 following content:

"12-1

Services GP "Garile si Statiile Auto"

Public transport

Upgrade and increase in efficiency of activities of branches GP "Garile si Statiile Auto"

Improvement of services in servicing of passengers in branches GP "Garile si Statiile Auto".

4. To impose control over the implementation of this resolution on the Agency of public property.

5. This resolution becomes effective from the date of publication.

Prime Minister

Paweê Phillip

Countersigns: Minister of Economy and Infrastructure

Kirill Gaburich

 

Approved by the Order of the Government of the Republic of Moldova of September 12, 2018 No. 898

The purposes and conditions of public and private partnership for upgrade and increase in efficiency of activities of branches GP "Garile si Statiile Auto" and general requirements to selection of the private partner

1. The purpose of public and private partnership for upgrade and increase in efficiency of activities of branches GP "Garile si Statiile Auto" consists in improvement of services in servicing of passengers in branches GP "Garile si Statiile Auto" by means of:

1) upgrades of infrastructure and activities of 30 branches of bus stations and bus stations: repair of office buildings (re-planning and internal finishing, engineering networks, external finishing - facades); capital repairs of platforms, parkings and the site, adjacent to bus stations; construction/updating/reconstruction of infrastructure (toilet on the platform, water supply system, the sewerage, network of lighting of the platform, protective roofs of the platform, way of access for persons with limited opportunities); upgrade of information network;

2) creations of necessary conditions of implementation of activities of bus station according to the international standards and standards;

3) ensuring access to high-quality services and the maximum safety for all participants involved in passenger transportations (the staff of bus stations, motor transportation operators, passengers, etc.);

4) increases in efficiency of activities of bus stations and bus stations by introduction of modern system of management which will provide strengthening of competitiveness and line item in the market;

5) disciplining of haulers by introduction and observance of well-defined rules of behavior in the territory of bus stations therefore both passengers, and bus stations will win;

6) reducings illegal passenger transportations.

2. The purpose of public and private partnership consists in upgrade and increase in efficiency of activities of the bus stations and bus stations located in the territory of the country, by development of economically reasonable, making profit case, in compliance the legislation.

3. The method of implementation of public and private partnership consists in operation of services and assets of GP "Garile si Statiile Auto" by means of attraction of private equity, providing compensation of investments on sample construction-operation-transfer, according to the provisions provided by the subitem c) part (1) article 19 of the Law No. 179/2008 on public and private partnership.

4. Subject of public and private partnership are the services of national public interest in the field of road transport provided to users of bus stations (bus stations), directed to availability, safety and service quality of passengers and motor transportation operators, and also the assets of GP "Garile si Statiile Auto" belonging by the property right, economic management, transferred to use or property employment, except for debt obligations, financial assets and debts.

5. The term of the agreement of public and private partnership shall not exceed 25 years from signature date.

6. Sure gains of the state partner shall constitute average cost of the net profit got by GP "Garile si Statiile Auto" as a result of the activities the last 3 years prior to agreement signature of public and private partnership expressed in the amount of 4975 thousand lei with the annual growth of 5%. Payment of the corresponding amount is performed annually till July 1 of the year following after accounting year by transfer in the government budget.

7. For the last year agreement performances the private partner shall provide transfer in the government budget of the corresponding amount within 30 days before date of the expiration of deadline of the agreement.

8. The performed investments for upgrade and increase in efficiency of activities of bus stations and bus stations are provided with the private partner and after termination of the contract of public and private partnership are transferred to the possession of the state partner, being free from encumbrance and not pledged.

9. Compensation of investment of the private partner shall be performed by the net profit got as a result of provision of services of bus station.

10. As participants of tender there can be physical persons and legal entities of private law, residents of the Republic of Moldova and/or the state with which the Republic of Moldova has signed agreements on trade and economic cooperation and/or on promotion and protection of investments. Participants can directly act or through representatives/representatives in accordance with the established procedure.

11. Participants of tender have the right to unite for the purpose of submission of the general offer without obligation of official registration of such consolidation, from the legal point of view. The obligation concerning consolidation shall be submitted in writing at the time of submission of the offer. If the general offer appears advantageous, consolidation shall be drawn up officially in accordance with the established procedure before agreement signature.

12. The winner of tender before agreement signature of public and private partnership shall found according to the procedure, established by the legislation, commercial society for implementation of public and private partnership.

13. The main selection criteria of the private partner are:

1) investment profile of the participant proceeding from the previous activities for implementation of investment projects, including projects on development of infrastructure;

2) availability of equity and/or sufficient financial resources for ensuring investments and operational cash flow at least in the amount of 400 million lei;

3) implementation of complex system of operation and improvement of services in servicing of passengers on bus stations and bus stations;

4) the business plan concerning mission, the purposes, strategy and the action plan on implementation of specific activities throughout the period of implementation of the project;

5) profitability and financial stability of the project of public and private partnership;

6) lack of criminal record for violation of the law of the state in which performs or performed activities.

14. The private partner shall begin works on designing and upgrade of branches GP "Garile si Statiile Auto" no later than three months from the date of agreement signature of public and private partnership and complete maximum within 3 years.

15. The private partner shall pay throughout all term of the agreement of public and private partnership taxes and fees according to the legislation.

16. The state partner, it is independent or together with other interested public bodies, provides monitoring and control of execution of the contractual commitments undertaken by the private contractual partner.

17. The agreement of public and private partnership shall contain the following conditions:

1) data on agreement parties;

2) rights and obligations of the Parties, as necessary:

a) the obligation of the private partner about creation and reconstruction of object of public and private partnership;

b) the obligation of the private partner about implementation of repair of object of public and private partnership if it was included in the requirements list of the state partner or is undertaken by the private partner at stage of carrying out tender in selection of the private partner;

c) the obligation of the private partner about preserving according to the legislation of privileges for separate categories of the population;

3) description (technical and economic characteristic) of object of public and private partnership;

4) term of the agreement and stages of realization of public and private partnership, volume of investment of the state and private partners;

5) term of commissioning of object of public and private partnership, as necessary;

6) rules about procedure for use of the parcel of land which is in property of the state partner;

7) data on amount of the benefits which will be made works which will be performed, services which will be provided, and also data on their quality, as necessary;

8) amount of payment for use of object of public and private partnership, form, terms and procedure of calculation;

9) distribution of risks;

10) method and the procedure of return of object of public and private partnership at the time of the expiration of public and private partnership, as necessary;

11) regulations on covering/indemnification; responsibility for non-execution of obligations in case of termination by retroactive effect, cancellations and/or withdrawal of the agreement, as necessary.

Depending on specifics of object of public and private partnership the agreement can include also other conditions stipulated by the parties.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info