of January 27, 2010 No. 99
About approval of the Procedure for carrying out tender by determination of the state agent on ensuring export and import of grain and products of its conversion according to international treaties
According to article 79 of the Law of Ukraine "About grain and the market of grain in Ukraine" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for carrying out tender by determination of the state agent on ensuring export and import of grain and products of its conversion according to international treaties which is applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 27, 2010, No. 99
1. This Procedure establishes procedure of carrying out tender for determination of the state agent on ensuring export and import of grain and products of its conversion for international treaties (дальшеконкурс).
Competition is held based on the decision of Minagropolitiki according to which date of its carrying out is determined, the commission is formed, its structure and regulations on it affirms.
The commissions are included representatives, Minagropolitiki, the Ministry of Finance, Ministry of Economics, Ministry of Justice, Gosauditsluzhby, State Customs Service, the Ukrainian agrarian confederation and the Agrarian union of Ukraine (in consent).
2. The commission places within ten days from decision date about carrying out tender in mass media and on the official website of Minagropolitiki the corresponding announcement in which date of tender and the end of documents acceptance is celebrated.
3. The state companies or economic societies which share of the state in authorized fund constitutes at least 75 percent (further - applicants) can be applicants for participation in tender.
4. For participation in tender applicants give the commissions in sealed envelope with indication of details the following documents (further - the tender documentation):
1) the request in the form approved by Minagropolitiki;
2) the copies of constituent documents certified in accordance with the established procedure;
3) balance of the company, and also the report on financial results for the last accounting year;
4) certificates of availability:
- overdue debt on tax payment and charges (obligatory payments);
- own production capacities for acceptance and storage of grain or the copy of agreements of their lease or service provision agreements on acceptance and storage of grain grain warehouses;
5) the competitive offer which contains the activity description on export of grain and products of its conversion, in particular the scheme of purchase of grain and its completion in grain warehouses, transportation to port elevators, transfer and the freight, information on grain purchase financing sources, the list of partners in accomplishment of the international treaty and the data concerning the size of commission fee which joins in the total amount for which the contract is signed.
5. Adoption of the tender documentation comes to an end three days before date of tender.
The secretary of the commission registers the tender documentation in register which form is determined by Minagropolitiki, issues to the applicant the certificate of registration date and registration number of noted documentation.
Verification of the tender documentation is performed by the commission.
6. Are not allowed applicants who to participation in tender:
are declared bankrupt or concerning them proceedings on bankruptcy are initiated;
are in liquidation stage;
have overdue debt on the salary, tax payment and charges (obligatory payments);
submitted the tender documentation which does not meet the requirements of item 4 of this Procedure.
7. The commission considers the tender documentation in the presence of applicants, carries out its discussion and makes the decision on determination of the winner.
8. The main criteria during determination of the winner are:
experience of implementation of economic activity in the market of grain and products of its conversion, amount of the external economic transactions with grain in two last years;
availability of production capacities on acceptance and storage of grain, other infrastructure facilities necessary for accomplishment of the international treaty on export and import of grain and products of its conversion;
amount of completed work and the provided services for two previous accounting periods, availability of own sources of financing for ensuring the current activities of the company (based on form N 2 of balance of the company);
availability at least three specialists, in particular one lawyer and one logistics specialist who work at permanent basis and have experience of carrying out the external economic transactions at least than one year;
the smallest size of commission fee for servicing of international treaties.
9. The decision of the commission on determination of the winner of tender appears in day of holding meeting.
10. Based on the decision of the commission on determination of the winner of tender Minagropolitiki prepares and submits to two weeks in accordance with the established procedure the draft of the act of the Cabinet of Ministers of Ukraine of determination of the state agent on ensuring export and import of grain and products of its conversion according to international treaties.
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