of August 31, 2011 No. 906
About approval of the Procedure for carrying out tender on the right of lease of state-owned property
According to Article 9 part six to the Law of Ukraine "About lease of the state-owned and municipal property" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for carrying out tender on the right of lease of state-owned property which is applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 31, 2011, No. 906
1. This Procedure determines the procedure of carrying out tender on the right of lease of state-owned property, in particular complete property complexes of the state companies, organizations, the organizations, their structural divisions (branches, shops, sites), real estate (buildings, constructions, non-residential premises) and other separate individually certain property which is in state-owned property.
2. Tender on the right of lease of object (further - tender) appears the lessor.
3. Competition is held by the contest committee (further - the commission) which is formed by the lessor. The commission can be formed for carrying out tender concerning group of the objects relating to the sphere of management of one body authorized to manage state-owned property.
4. The announcement of tender of rather complete property complexes of the companies, the organizations, their structural divisions and real estate of 100 sq.m and more or the sea, river port which is on balance, the airport, is published in the official printing publication of Fund of state-owned property and according to the solution of the lessor in other editions. Announcements concerning other objects are placed in the official printing publication of Fund of state-owned property and/or in republican the Autonomous Republic of Crimea, Kiev and Sevastopol, regional, city in, editions in the location of objects of lease. The announcement of tender will also be promulgated on websites of lessors.
The announcement of tender is published rather complete property complexes of the companies, the organizations, their structural divisions not later than 40 calendar days before date of tender; concerning real estate (buildings, constructions, non-residential premises) and other separate individually certain property - not later than ten calendar days before date of tender also shall contain the following data:
information on object (the name, the location, in case of lease of complete property complex - also amount and the main product range, including that which is exported, quantity and structure of workplaces, level of profitability of object for the last three years, the size of receivables and payables, property availability in pledge, tax pledge, in lease);
The size of the guarantee fee which constitutes six starting rents. The guarantee fee can be performed by money transfer into the account determined in the announcement of tender or by provision of the bank guarantee. At the same time the bank guarantee is provided in the form of the irrevocable reserve bank letter of credit (guarantee) which is issued by bank with the credit rating of the investment grade or bank which shareholder holds in it controlling stock (mother company) and has the credit rating of the investment grade. For the purposes of this Procedure understand assessment of credit risk of the bank or the shareholder holding in it controlling stock (mother company) which long-term unsecured bonds have the sufficient level of creditworthness at the level of "VVV" as "investment grade" or also the privatizations which do not have on date of tender of legal procedures with state body or any other public authority of Ukraine are higher on the international rating scale recognized by the international rating agencies (further - the guarantee fee);
account details and purpose of payment (for payment of the guarantee fee)
date, time and venue of tender;
deadline of acceptance of offers from applicants (no more than three working days before date of tender);
the list of documents which are filed by applicants for participation in tender.
To persons who during studying of demand showed interest in lease of object, it is in writing reported by the lessor about carrying out tender and need of submission of written offers according to the announcement of tender.
In case when body, authorized to manage state-owned property, during the term established by the legislation did not provide the conclusion (offer) concerning lease term, the lessor in three-day time after publication of the announcement of tender by the registered mail reports to such body about tender conditions.
5. Conditions of tender are:
starting amount of the rent;
effective use of object of lease on purpose (in case of lease of complete property complex - according to the direction of productive activity of the company);
observance of requirements concerning operation of object;
compensation by the winner of tender of the expenses connected with carrying out independent assessment of object of lease, publication of the announcement of tender in appropriate means of mass information (in case of lack of budget financing of such expenses).
Conditions of tender can also provide obligations relatively:
Introduction within 10 working days from the date of the conclusion of the lease agreement of payment at least in six months. The period for which the payment is brought is established according to the offer of authorized body of management;
accomplishment of certain types of repair work;
accomplishment of the mobilization tasks established for the company;
production of products in the amounts necessary for region requirements satisfaction;
preserving (creation) new workplaces;
taking measures for protection of the surrounding environment for the purpose of respect for environmental standards of operation of object;
creations of safe working conditions;
observance of conditions of proper maintenance of subjects to welfare appointment.
Other conditions join in tender conditions taking into account offers of body, authorized to manage the corresponding state-owned property.
The lessor has no right to change conditions of carrying out tender after publication of the announcement of tender.
6. The main criterion of determination of the winner is the largest amount of the rent in case of obligatory ensuring accomplishment of other conditions of tender.
The starting rent is determined according to the Calculation procedure and procedure for use of the hire charge of state-owned property approved by the resolution of the Cabinet of Ministers of Ukraine of October 4, 1995 No. 786 (ZP of Ukraine, 1996, No. 2, the Art. 57).
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