ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of February 10, 2010 No. 67

About procedure for carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of the rights concerning the state-owned or municipal property, and the list of types of property concerning which the conclusion of the specified agreements can be performed by tendering in the form of tender

In pursuance of article 17.1 of the Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, N 31, Art. 3434; 2007, N 49, Art. 6079; 2008, N 18, Art. 1941; N 27, of Art. 3126; N 45, of Art. 5141; 2009, N 29, Art. 3601, 3610, 3618; N 52, of the Art. 6450, 6455; 2010, N 15, Art. 1736; N 19, of Art. 2291; N 49, of Art. 6409; 2011, N 10, the Art. 1281), orders of the Government of the Russian Federation of 06.06.2003 N 333 "About realization by federal executive bodies of powers on implementation of the rights of the owner of property of the federal state unitary enterprise" (The Russian Federation Code, 2003, N 24, Art. 2327; 2006, N 34, Art. 3687; 2009, N 3, Art. 379; N 14, of Art. 1673; 3829) I order to N 30, of the Art.:

1. Approve the enclosed Rules of carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of the rights concerning the state-owned or municipal property (Appendix 1).

2. Approve the enclosed List of types of property concerning which the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of rights of possession and (or) uses concerning the state-owned or municipal property can be performed by tendering in the form of tender (Appendix 2).

3. I reserve control of execution of this order.

Appendix 1

to the Order of Federal Antimonopoly Service of the Russian Federation of February 10, 2010 No. 67

Rules of carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of the rights concerning the state-owned or municipal property

I. General provisions

1. These rules establish procedure for the organization and carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of the rights concerning the state-owned or municipal property (further - Rules) for the purpose of ensuring unity of economic space in the territory of the Russian Federation, expansions of opportunities for receipt of the rights by physical persons and legal entities concerning the state-owned or municipal property, development of fair competition, enhancement of activities of public authorities and local government bodies, ensuring publicity and transparency in case of assignment of rights concerning the state-owned or municipal property, prevention of corruption and other abuses.

1.1. When holding auctions according to the order of the Government of the Russian Federation of 06.06.2003 No. 333 "About realization by federal executive bodies of powers on implementation of the rights of the owner of property of the federal state unitary enterprise" (further - the Resolution No. 333) Item 3, the subitem 5 of Item 105, Items 109, of 110, of 113, subitems 3, of the 4 and 19 Item 114, the subitem 2 Items 121, subitems 5 and 6 of Item 141 of Rules are not applied.

2. The competitions held according to these rules are open on the list of participants. The auctions held according to these rules are open on the list of participants and form of submission of offers.

3. The conclusion of agreements by tendering in the form of tender is possible only concerning property types which list approves federal antimonopoly authority.

3.1. The conclusion of lease agreements concerning objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems which are in the state-owned or municipal property (further - objects of heat supply, water supply and (or) water disposal), is performed only by tendering in the form of tender taking into account provisions, the stipulated in Article 28.1 Federal Laws of 27.07.2010 No. 190-FZ "About heat supply" (further - the Federal Law on heat supply) (The Russian Federation Code, 2010, No. 31, Art. 4159; 2013, No. 19, the Art. 2330), article 41.1 of the Federal Law of 07.12.2011 No. 416-FZ "About water supply and water disposal" (further - the Federal Law on water supply and water disposal) (The Russian Federation Code, 2011, No. 50, Art. 7358; 2013, No. 19, Art. 2330).

4. The organizer of tenders or auctions are:

- when carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of rights of possession and (or) uses concerning the state-owned or municipal property specified regarding 1 article 17.1 of the Federal law "About Protection of the Competition", the owner of property, on behalf of which the federal executive body performing functions on management of federal property, the executive body of the subject of the Russian Federation performing functions on property management of the subject of the Russian Federation, the local government body performing functions on property management of the municipality acts (further - the owner) or federal executive body, executive body of the subject of the Russian Federation, local government body, which are authorized on implementation of functions on the organization and carrying out tenders or auctions on the right of the conclusion of agreements according to the powers assigned to such bodies if such bodies are created, or the other person having rights of possession and (or) uses concerning the state-owned or municipal property;

- when carrying out tenders or auctions on the right of the conclusion of lease agreements, agreements of free use, property trust management agreements, other agreements providing transition of rights of possession and (or) uses concerning the state-owned or municipal property specified regarding 3rd article 17.1 of the Federal law "About Protection of the Competition", the owner of the right of economic maintaining or operational management authorized by the owner (state or municipal unitary enterprise, organization) or the other person having rights of possession and (or) uses concerning the state-owned or municipal property;

- when holding auctions according to the Resolution N 333 - the relevant federal state unitary enterprise or the other person in accordance with the legislation of the Russian Federation.

5. The organizer of tender or auction has the right to involve on the basis of the agreement the legal entity (further - the specialized organization) for implementation of functions on the organization and carrying out tenders or auctions - developments of the tender documentation, the auction documentation, publication and placement of the notice on carrying out tender or auction and other functions connected with ensuring their carrying out. At the same time creation of the commission on carrying out tenders or auctions, determination of the starting (minimum) price of the agreement, subject and essential terms of the contract, approval of the draft agreement, tender documentation, auction documentation, determination of conditions of tenders or auctions and their change, and also agreement signature are performed by the organizer of tender or auction.

6. The specialized organization performs the functions specified in Item 5 of these rules on behalf of the organizer of tender or auction. At the same time the rights and obligations arise at the organizer of tender or auction.

7. The specialized organization cannot be the participant of tender or auction when whose carrying out this organization performs the functions specified in Item 5 of these rules.

II. Commissions on carrying out tenders or auctions

8. For carrying out tender or auction the contest or auction committee is created.

9. The organizer of tender or auction before publication of the notice on carrying out tender or auction makes the decision on creation of the commission, determines its structure and operating procedure, appoints the commission chairman.

10. The number of members of the commission shall be at least five people.

11. The physical persons who are personally interested in results of tenders or auctions (including the physical persons who submitted bids or auction or being on the staff of the organizations which submitted the specified applications), or physical persons on whom participants of tenders or auctions and persons who submitted bids or auction are capable to exert impact (including the physical persons who are members (shareholders) of these organizations, members of their governing bodies, creditors of participants of tenders or auctions) cannot be members of the commission. In case of identification as a part of the commission of specified persons the organizer of tender or auction who made the decision on creation of the commission shall replace them with other physical persons without delay.

12. Replacement of the member of the commission is allowed only according to the decision of the organizer of tender or auction.

13. Are performed by the contest committee opening of envelopes with bids and opening of access to the bids submitted in the form of electronic documents and signed according to regulatory legal acts of the Russian Federation (further - opening of envelopes with bids), determination of participants of tender, consideration, assessment and comparison of bids, determination of the winner of tender, taking the minutes of opening of envelopes with bids and opening of access to the bids submitted in the form of electronic documents, the protocol of consideration of bids, the protocol of assessment and comparison of bids, the protocol on refusal of the conclusion of the agreement, the protocol on discharge of the applicant or the participant of tender from participation in tender.

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