of April 20, 2010 No. 257
About approval of Rules of carrying out tender on selection of the operator of the special economic zone
According to article 9.3 of the Law of the Azerbaijan Republic "About special economic zones" I decide:
Approve "Rules of carrying out tender on selection of the operator of the special economic zone" (are applied).
President of the Azerbaijan Republic
Approved by the Presidential decree of the Azerbaijan Republic of April 20, 2010 No. 257
1.1. These rules are prepared according to the Law of the Azerbaijan Republic "About special economic zones" and other regulatory legal acts of the Azerbaijan Republic, and establish rules of carrying out tender on selection of the operator of the special economic zone.
1.2. The purpose of the organization of tender consists in selection of the company which is bearing responsibility for management and development of the special economic zone and having wide experience in this sphere.
1.3. The subject of tender constitutes the conclusion with the winner of tender of the management agreement connected with management and development of the special economic zone.
1.4. The Ministry of Economics of the Azerbaijan Republic which is authority in the field of creation and activities of special economic zones acts as the organizer of tender (further - authority). For carrying out the tender Cabinet of Ministers of the Azerbaijan Republic will organize the Tender Committee (further - the Commission). The commission is created separately for each tender and is effective before agreement signature about management between authority and the winner of tender.
1.5. Representatives of authority and the relevant state bodies depending on purpose of the special economic zone which is subject to creation are part of the Commission. Total number of members of the commission shall be odd at least than 5 people. The chairman and the secretary of the Commission are appointed during creation of the Commission of representatives of authority.
1.6. Tender process, starting with the announcement of tender and finishing with agreement signature about management between authority and the winner, no more than 60 days proceed.
2.1. Conditions of tender prepare authority and cannot be changed after their announcement. In 30 days prior to carrying out tender the authority posts on the official Website, in the official state media and foreign mass media the announcement of time, the venue of tender, procedure, time and the place of obtaining by the legal entities wishing to take part in tender, packet of the tender documentation, criteria for evaluation of offers, and also the main conditions of tender, including closing date of the management agreement with the winner of tender. Along with submission of announcements the authority can send individual invitations also.
2.2. The legal entities irrespective of form of their property and form of business having at least one year of experience in the field of management and development of any special economic zone can take part in tender (further - participants).
2.3. Persons wishing to take part in tender shall file petition to authority for receipt of documentation package, reflecting tender conditions, to fill, approve form of competitive offers and to provide it together with information on themselves to authority.
2.4. Enter packet of the tender documentation:
2.4.1. data on the special economic zone;
2.4.2. requirements to management and development of the special economic zone;
2.4.3. sample of form of information on participants;
2.4.4. sample of form of competitive offers;
2.4.5. sample of form of assessment of opportunities of participants of tender;
2.4.6. sample of the management agreement;
2.4.7. envelopes for submission of competitive offers to authority.
2.5. The participant represents to authority form of competitive offers and information on himself in several copies corresponding to the number of members of the commission. The form of competitive offers and information on the participant are placed in two different envelopes, are sealed, put in one big envelope and sealed. In order that the envelopes represented by participants were identical, participants of tender are notified on the exact sizes of envelopes in advance. Information on the participant cannot be included in competitive offers. On big envelope and on two envelopes which are in it there shall be no distinctive marks, notes and information on participants.
2.6. The offers which arrived after the term established in the announcement of carrying out tender for submission of the offer are not considered, and the participants who violated rules of execution of the tender documentation are not allowed to participation in tender. The offers provided at the scheduled time and corresponding to rules of execution of the tender documentation shall be accepted by authority tez any exceptions.
2.7. After registration of the competitive proposal of the participant by authority according to the procedure, established by the current legislation, any additions or changes cannot be made to it.
2.8. The commission keeps confidentiality of the data provided on tender by participants.
2.9. Opening of envelopes, consideration of competitive offers, their assessment, and also determination of the winner of tender by the Commission is made openly with the assistance of participants of tender or their plenipotentiaries.
2.10. The participant wishing to take part in tender can before submission of competitive offers address authority at least in 15 days prior to carrying out tender in connection with explanation of any question provided in packet of the tender documentation. The authority shall respond to these appeals within 7 days.
3.1. Opening of envelopes, consideration of competitive proposals of participants, assessment of offers, and also determination of the winner is made by the Commission.
3.2. Sealed big envelopes in which there are envelopes with competitive offers and also envelopes with information on participants, shall be in opaque box.
3.3. The commission chairman pulls out any of big envelopes and puts down in its upper right corner in large figures the first sequence number.
3.4. After that, having opened big envelope, the chairman puts down on envelope with competitive to offers, and also on envelope with information on the participant the first sequence number.
3.5. After the chairman opens envelope with competitive offers, on each copy of offers puts down the first sequence number and distributes them between members of the commission. The envelope with information on the participant remains in big envelope closed.
3.6. Copies of competitive offers are considered by members of the commission. In case of assessment of each Item of competitive offers they are guided by the established criteria.
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