ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of September 25, 2012 No. 579

About approval of the Procedure for purchase of services in performance of works on land management, assessment of lands and determination of the contractor of the land biddings on the competitive principles

According to part six of Article 136 of the Land code of Ukraine and Item 8 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the Presidential decree of Ukraine of April 23, 2011 No. 500, I ORDER:

1. Approve the Procedure for purchase of services in performance of works on land management, assessment of lands and determination of the contractor of the land biddings on the competitive principles which is applied.

2. To department of agriculture (Demidov O. A.) provide submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the deputy minister Senya O. V.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of September 25, 2012, No. 579

Procedure for purchase of services in performance of works on land management, assessment of lands and determination of the contractor of the land biddings on the competitive principles

I. General provisions

1.1. This Procedure determines procedure of competitive selection of contractors for land management, assessment of lands and the contractor of the land biddings on the competitive principles which is applied by the organizer of the land biddings in the course of preparation of lots for sale of the parcels of land of the state-owned or utility property or the rights to them (leases, to superficies, emphyteusis) at the land biddings if the legislation on implementation of public procurements is not applied, but financing of the corresponding services in performance of works on land management, and/or assessment of lands, and/or carrying out the land biddings is performed for budgetary funds.

1.2. In this Procedure terms are used in such value:

contractors on land management, assessment of lands, contractors of the land biddings (further - contractors) - subjects of managing which obtained licenses for maintaining the corresponding types of the economic activity which is subject to licensing according to the Law of Ukraine "About licensing of certain types of economic activity";

output data - data set (information, documents) which are provided by the organizer of the land biddings to the contractor for carrying out services in performance of works on land management, assessment of lands, for carrying out the land biddings;

the tender documentation - the competitive offer and supporting documents provided by tender conditions which are represented to tender committee;

the competitive offer - the proposal of the participant of tender concerning cost and the term of accomplishment of services in performance of works on land management, and/or assessment of lands, and/or carrying out the land biddings;

supporting documents - documents which determine legal status of the applicant confirm its right to accomplishment of services in performance of works on land management, and/or assessment of lands, and/or carrying out the land biddings, and also documents which confirm compliance of the competitive offer to conditions of tender;

the applicant - the subject of managing who submitted tender committee the necessary documentation provided by tender conditions;

tender conditions - the list of requirements, obligatory for applicants, which need to be executed for participation in tender;

the participant of tender - the applicant whose supporting documents answer conditions of tender and who is allowed to participation in tender.

1.3. Competitive selection of contractors is performed by the tender committee (daleekomissiya) formed by the organizer of the land biddings.

The commission is formed as a part of seven persons from among whom the commission chairman and the secretary are appointed.

Representatives of the organizer of the land biddings and the representative of territorial authority of the central executive body concerning land resources are part of the commission (in consent).

1.4. The main objectives and functions of the commission are:

determination of conditions of carrying out tender;

determination of term of carrying out tender;

publication of information on carrying out tender;

consideration of the supporting documents submitted by the applicant for the purpose of clarification of their compliance to requirements of Item 2.3 of the Section ІІ this Procedure, completeness and timeliness of representation;

determination of participants of tender;

consideration of competitive offers;

determination of winners of tender;

tender recognition by not taken place;

creation of protocols on results of carrying out tender, preparation and their representation on approval to the organizer of the land biddings.

1.5. The chairman heads the commission.

The commission chairman within the conferred powers:

calls commission session;

presides over commission sessions;

will organize preparation for consideration of the materials provided by this Procedure;

in case of violation of requirements of this Procedure regarding compliance, completeness and timeliness of submission of the tender documentation in writing reports to the applicant about non-admission it to participation in tender with indication of the reasonable bases of refusal;

in case of need involves the commissions of experts and consultants.

1.6. Secretary of the commission:

prepares materials for consideration on commission session;

provides accomplishment of orders of the commission chairman;

draws up protocols of commission sessions.

1.7. On absence period of the chairman and/or secretary of the commission (owing to disease, in case of leave, etc.) their powers are assigned by the decision of the organizer of the land biddings to one of members of the commission. For long-term absence of other members of the commission (owing to disease, in case of leave, etc.) according to the decision of the organizer of the land biddings there is replacement of temporarily absent members of the commission.

II. Preparation for carrying out tender

2.1. Information on carrying out tender on selection of contractors prepares the commission and shall contain:

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