of April 3, 2009 No. 52
About approval of the Procedure of tender on involvement of carriers to passenger traffic by road transport on intracity (raionwide), long-distance (interdistrict) and international routes"
For the purpose of ensuring execution of Item 1.7 of the Presidential decree of the Azerbaijan Republic of July 4, 2008 "About application of the Law of the Azerbaijan Republic "About road transport" the Cabinet of Ministers of the Azerbaijan Republic decides No. 792:
1. Approve "Tender procedure on involvement of carriers to passenger traffic by road transport on intracity (raionwide), long-distance (interdistrict) and international routes" it (is applied).
First Deputy Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of April 3, 2009, No. 52
1.1. "The tender procedure on involvement of carriers to passenger traffic by road transport on intracity (raionwide), long-distance (interdistrict) and international routes" (further - the Procedure) is prepared according to the Law of the Azerbaijan Republic "About road transport", and also other regulatory legal acts of the Azerbaijan Republic and regulates rules of implementation of tender, consideration of competitive offers, determinations of conditions of participation in tender, and also approval of the made decisions and registration of the appropriate rights of the winner of tender. The purpose of the organization of tender consists in satisfaction of need of the population for regular passenger traffic with road transport, ensuring rendering high-quality services to passengers, forming of free entrepreneurship and healthy competitive environment, market development of transport services and enhancement of state regulation in this sphere.
1.2. As the organizer of tender, except for the administrative territories of the city of Baku, Sumgayit and Ganja, in other territories of the Azerbaijan Republic Public service of road transport under the Ministry of transport, communication and high technologies of the Azerbaijan Republic, being the state customer (further - the Customer) regular passenger traffic on intracity (raionwide), long-distance (interdistrict) and international routes acts (further - regular passenger routes). Concerning regular intracity passenger traffic in the administrative territories of the cities of Baku, Sumgayit and Ganja act as road transport the Baku cargo agency under the Sumgayit Management of passenger traffic of road transport in case of the chief executive of the city of Sumgayit as the customer and the Ganja Management of passenger traffic of road transport in case of the chief executive of the city of Ganja respectively.
1.2-1. Passenger traffic on international routes are performed by the operator of the international passenger activities by road transport (further – the operator) according to the legislation of the Azerbaijan Republic and international treaties which party is the Azerbaijan Republic. The operator shall correspond to the criteria connected with goodwill, financial position and professional competence, and the driver(s) shall conform to requirements for training level.
1.3. The tender process which is beginning with the announcement of tender and coming to the end with determination of the winner (winners) lasts no more than 60 days.
1.4. The customer submits for tender regular bus routes or the corresponding runs taking into account intensity or profitability of routes. Packets of routes can be created with inclusion in them along with profitable routes and gainless routes.
1.5. Winners of tender acquire the right to render services in passenger transportations in regular routes or the corresponding runs of routes.
1.6. The customer taking into account material and technical resources of the winner of tender signs with it the agreement on public conveyance (the organization of public conveyances) along the corresponding route, at the same time along each intracity (raionwide) route for a period of up to 5 years, but at least 3 years, on international routes - for a period of up to 3 years, but at least 1 year. In case of inability of the carrier which became the winner of tender to carry out passenger traffic according to the state order or their accomplishment in the wrong procedure or violation of other conditions of the agreement signed with it, the customer has the right to terminate ahead of schedule this agreement unilaterally with the prevention it at least in 15 days before.
1.7. The winner of tender with the consent of the customer during validity can replace the buses provided by competitive offers with newer and comfortable buses.
1.8. If only one carrier wishes to carry out passenger traffic along certain route, competition is not held and the relevant agreement only is signed with this carrier provided that it conforms to requirements of tender.
2.1. Conditions of tender prepare the customer and cannot be changed after their announcement. In 30 days prior to carrying out tender the customer places in means of media according to Appendix No. 1 to this Procedure the announcement of time, the venue of tender and the main conditions of tender.
2.2. Legal entities irrespective of form of their property and form of business and the business owners having the corresponding permission (license) for accomplishment of certain type of activity on regular public conveyance by road transport can take part in tender.
2.3. Persons wishing to take part in tender shall file to the customer petition in the form established by Appendix No. 2 to this Procedure for receipt of packet of the tender documentation, pay expenses on creation of packet of the tender documentation, study tender conditions, fill, approve form of competitive offers and provide it to the customer.
2.4. Enter packet of the tender documentation:
2.4.1. data on requirements and parameters of the routes submitted for tender;
2.4.2. qualification data according to Appendix No. 3 to this Procedure;
2.4.3. sample of form of information about participants according to Appendix No. 4 to this Procedure;
2.4.4. sample of form of assessment of competitive offers according to Appendix No. 5 to this Procedure
2.4.5. sample of the service provision agreement on passenger transportations along route (routes) according to Appendix No. 7 to this Procedure;
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