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extract from Annex No. 5 to the Resolution of the Cabinet of Ministers of October 6, 2014 No. 279 “REGULATION on the procedure for the sale of state-owned objects at a “zero” redemption value with the condition that the buyer takes investment and social obligations”

Competition terms are approved by the State Tender Commission and reflected in the tender documentation.

The conditions of the competition for implementation of state-owned facilities, which are to be sold by the decision of the Council of Ministers of the Republic of Karakalpakstan, regional khokimiyats and the city of Tashkent, are approved by the territorial competition commissions and are reflected in the tender documentation

Preparation and organization of the competition is carried out by the seller

For the preparation and organization of the competition, the seller:

  • no later than thirty days before the deadline for opening envelopes with competition proposals in the newspaper “Birja” (“Exchange”) and periodicals of the Council of Ministers of the Republic of Karakalpakstan, regions and the city of Tashkent, as well as on the official website of the State Committee on Competition publishes the notice on conduction of competition (further – notice of the competition);
  • notifies in writing (on receipt or by sending by mail a registered letter with acknowledgment of receipt) to the tenant of a state-owned property who leases a real-estate state-owned object for at least one year about the intention to sell a state-owned property;
  • carries out the disclosure of information about the object of state ownership, organizes the search for applicants for participation in the competition, including foreign ones, and creates conditions for familiarizing applicants with the object of state property, its main technical, economic, financial and production indicators;
  • together with territorial competitive commissions prepares the tender documentation;
  • sets the deadline for submission of applications for participation in the competition;
  • accepts applications from applicants for participation in the competition, indicating the date and time of their receipt and ensures their safety and confidentiality;
  • provides applicants with samples of submitted documents and assists in their execution;
  • in the absence of applicants or in the presence of only one applicant prolongs the deadline for submission of applications for participation in the competition;in conjunction with the territorial competitive commissions, if necessary, determines the date of conduction the repeated competition;
  • in the absence of competition proposals for six months from the date of publication of the notice of the tender, the State Competition Committee introduces proposals to territorial competitive commissions to change the conditions of the competition (the amount and timing of investments, the number of jobs and (or) other obligations);
  • carries out the publication of information on the results of the open competition within thirty days from the date of the competition in the same mass media in which the notice of the competition was previously published;
  • performs other functions related to the organization and conduction of the competition.

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  • name and postal address of the seller, his contact phone, fax and e-mail address;
  • name, quantity, characteristics of the object of state ownership put up for the competition;
  • the name of the balance holder, the profile of his activities and location;
  • minimum amount of required investment and social obligations;
  • date, time and venue of the competition;
  • the deadline (indicating the day and hour) of receiving competition proposals;
  • address where you can get tender documentation and additional information.

Information for participation in the competition

To participate in the competition, the applicant or his authorized representative will submit the application for participation in the competition in two copies with the following documents to the working body of the territorial competitive commission in the terms established in the notice of the competition with the following documents:

  • for non-state legal entities – power of attorney, executed in accordance with the procedure established by the legislation, to participate in the competition of an authorized representative, with a copy of the document proving his identity;
  • for individuals – a copy of the passport, with participation of an authorized representative in the competition, also a power of attorney drawn up in the manner prescribed by the legislation, with a copy of a document certifying his identity;
  • business plan in sealed envelopes, which also includes competition proposals drawn up in accordance with the tender documentation (the proposed amount of redemption payments and the term for introducing them, the proposed amount of investment obligations, forms, terms and conditions for introducing them).
  • All papers of the submitted documents must be certified by the seal and signature of the applicant.
  • The seller on the second copy of the application with a list of documents makes a note about the acceptance of the submitted documents with the date and time of their receipt, which is handed to the applicant or his representative, or sent by mail. Applications for participation in the competition are subject to registration in the manner established by the territorial competition commission.
  • Applications for participation in the competition received after the deadline for admission specified in the notice of competition, the seller will not be accepted. The date of receipt of documents sent by mail is determined by the registration of the territorial competitive commission.
  • Applications not accepted by the seller with a refusal of acceptance on the same day are returned by handing them to the applicant or his representative on receipt, or by sending the specified documents by mail (by registered letter with acknowledgment of receipt).

The applicant is not allowed by the territorial competition commission to participate in the competition if:

  • not all documents are submitted in accordance with the list indicated in the paragraph 16 of these Regulations;
  • it was revealed that the applicant – a non-state legal entity is in the process of liquidation or declared bankrupt.
  • Refusal to participate in the competition for other reasons is not allowed.

Before the deadline for opening envelopes, the applicant has the right to withdraw his application by written notice. The seller must register this notice on the day it is received.

Accepting applications for participation in an open competition begins on the date of publication of the competition notice and ends two working days before the date and time of opening the envelopes specified in the notice of the competition.

The competition is held within a period not exceeding 60 days from the date of the official publication of the announcement of the bidding process, observing clearly defined criteria, including conditions for the volume of investments and the creation of new jobs.

The territorial competition commission may postpone the date and time of opening the envelopes with tenders with the publication of relevant information in the same mass media in which the notice of the tender was previously published and notifying the applicants in writing, or cancel the tender by notifying participants in the manner prescribed by the legislation.

If the date of the competition is postponed, the deadline for accepting applications for participation in the competition is extended accordingly.

A tender is recognized to have failed, if not a single application has been received or only one application has been received by the bid opening date specified in the notice of the tender.

In this case, the seller notifies the participant who submitted a single application.
The territorial tender commission may declare the tender to be failed if none of the submitted tender proposals meets the conditions of the tender.
If the tender is held, the territorial competition commission shall open the envelopes with the competitive proposals of the participants.
According to the results of the competition protocol is prepared.
If there is only one participant, the territorial competitive commission considers its competition proposals and makes a decision on full compliance or non-compliance of the competition proposals of this participant with the conditions of the competition, which is the basis for concluding a contract of sale and purchase of an object of state ownership with a single bidder.
The expert evaluation of the competition proposals is carried out by the territorial competition commission on the conditions determined by the competition documentation.
At the same time, other experts may additionally be involved in the evaluation of submitted competition proposals by the territorial competition commission.
Opening of the first copies of envelopes with competition proposals is carried out by the territorial competition commission. The second copies of the envelopes are kept by the seller and opened in case of disputes regarding the content of the competition.

Participants or their authorized representatives may attend the opening of envelopes.

When opening envelopes with tender proposals by the territorial competition commission, compliance with the established tender conditions, including the availability of documents specified in the tender documentation, is checked.

Determination of the winner of the competition is held at a closed meeting of the territorial competition commission.The winner of the competition is the participant whose competition offer (business plan) is recognized as closely as possible to the conditions of the competition.

The reserve candidates for the winner of the competition are recognized by the territorial commission as participants of the competition whose proposals also correspond to the conditions of the competition, but in terms of the amount of investment and social obligations below that proposed by the winner.

If two or more bids are equal both in terms of investment obligations and social obligations, the winner is the participant whose offer has been registered by the territorial competition commission earlier.
Other things being equal tenant conditions, a tenant who rents a real property being sold is given a preferential right to acquire this object.
If necessary, the territorial competition commission may provide an opportunity for the participant to submit additional information related to its activities.

The territorial competition commission is obliged to notify the participants of the competition about its results within five working days from the day the territorial competition commission makes a decision on the results of the competition.

When determining the winner of the competition, in the same period, the winner is sent a notification inviting him to conclude a contract of sale of the object of state ownership.

On the basis of the decision of the territorial competition commission on the results of the competition no later than twenty days after approval of the protocol of the meeting, a contract of sale of the object of state ownership is concluded between the seller, the balance holder and:

  • the participant recognized as the winner of the competition;
  • the only participant who submitted an application, fully complying with the conditions of the competition;

a tenant who leases a state-owned object for at least one year, based on the results of an examination of the relevant services of the State Committee for Architecture and Construction of the Republic of Uzbekistan on modernization and overhaul of fixed assets, a certificate from the employment and labor authority on new jobs created during the rental period object of state ownership.

Registration of contracts for the sale of state property is made by the seller.

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