INFORMATIVE BULLETIN 
on putting forward commercial tender

 The Agency for Public Property by the Ministry of Economy and Trade announces putting forward commercial tender for privatization of assets owned by the state and subject to privatization.

The tender is set up in compliance with the provisions set forth by the Law No. 121-XVI dated 04 May 2007 on administration and destatization of public property, Government Decision No. 945 of 20 August 2007 and Regulation for holding investment and commercial tenders and direct negotiations in view of privatization of public patrimonial approved by Government Decision No. 998 of  29 September 2000, complete with subsequent changes and amendments. 

I. Tender participants

1.1. The following persons are eligible to bid in tender:

a) legal entities and natural persons from the Republic of Moldova;
b) foreign legal entities and natural persons integral private, and stateless persons in compliance with the effective legislation;
associates of persons specified in items a) and b).

The bidders could participate in person or through their representatives, duly authorized as per effective legislation. 

1.2. The participants are entitled to become familiar with the set of tender documents and, if necessary, to make visits on the site to see the assets that were put forward for tender as per conditions stipulated by the legislation.

II. Conditions of participation in tender

2.1. The bidders shall submit the following documents:

1) bid application, pursuant to template issued by the Agency for Public Property; 

2) copy of the certificate of state registration, copy of an abstract from the State register of enterprises and organizations and copy of charter in case of legal entity acting in the Republic of Moldova authenticated by the manager of such (foreign legal entities  shall submit copy of incorporation certificate issued by the competent authority and a copy of charter duly legalized by the embassy (consulate) of the Republic of Moldova in the country of origin or by the embassy (consulate) of the respective country in the Republic of Moldova);

3) copies of the financial statements for the fiscal years 2006 and 2007, duly authenticated by the territorial statistical authority and signed by the management with application of round seal of a company (foreign legal entities shall submit these documents duly legalized by the embassy (consulate) of the Republic of Moldova in the country of origin or by the embassy (consulate) of the respective country in the Republic of Moldova);

4) certificate on the arrears to the national public budget for the month preceding the date of filing application duly authenticated  by the territorial tax authority (for the case of legal entities registered in the Republic of Moldova); 

5) a deed proving placement of participation guarantee deposit worth MDL 200 thousand or its equivalent in convertible  currency onto the bank account of the beneficiary: 

Beneficiary:                   Ministry of Finance – Central Treasury
            Tax code:                        1006601001090
            Bank account:               3359502
            Beneficiary’s bank:      Ministry of Finance – Central Treasury
            Bank code:                     TREZMD2X
            Treasury code:              461360303010100
            Purpose of payment:     Include in purpose of payment name of the assets subject to privatization   

 6) bank guarantee in full amount required to pay for the value of assets (pursuant to template issued by the Agency for Public Property). In case an obligation was assumed to settle payment prior to signing the contract of purchase it is not obligatory to produce bank guarantee. 

 
III. Procedure of holding tender

3.1. The tender will be composed of two stages.

3.2. At the first state of tender, following examination of submitted documents and bids, the tender commission will define tender participants, while at the second stage, arising from the results of tender dealing for rise, the commission appoints the winner.  

3.3. The tender commission has the right to turn down bids submitted by one or all bidders if the latter failed to produce complete set of documents required for participation or if such documents were not made out in the established order or the price offered is less than the starting price or if in general the offers do not meet conditions stipulated for tender.  

3.4. The participants admitted to the second stage of a tender will be notified on the date and hours of the subsequent sitting of the tender committee. In case of failure of the bidders or their legitimate representatives to attend sitting of the Tender Commission taken into account will be only the initial offer.   

3.5. On the day of holding Tender Commission sitting, the bidders (or their representatives) are obliged to get registered with the Secretary of Tender Commission. The bidders that have failed to get registered within the specified time will not be admitted to participate in tender and their participation guarantee will not be restituted. 

3.6. The Tender Commission proceeds to hold tender for rise of price during which the bidders will make proposals for changing their initial offers, starting with the bidder that offered in his application the lowest price. In case when the bidders have offered same price, the first step of tender begins with the bidder who was the last to submit his set of documents. This procedure is observed throughout the whole period of holding the tender.   

3.7. In case when only one bidder is participating in tender, the Tender Commission is entitled to launch tender for rising price on the acquired assets and to improve other offers.   

3.8. The Tender Commission is entitled to take decision on terminate tender without appointing the winner at any stage. 

3.9. The Commission appoints as tender winner the bidder that has offered the highest price for the tendered assets with settling within shortest time and assumed most advantageous commitments in the sense of securing legal rights of the employees, agreed to maintain totally or partially the company profile, repayment of debts, protection of environment, etc.   

 
IV. Other information

4.1. The documents for tender participation shall be handed over to a responsible person within the Agency for Public Property by the Ministry of Economy and Trade; these shall be made out in the state language of the Republic of Moldova (or in any other language with translation into the state language), placed in a sealed envelope and submitted prior to expiry of the dead line for acceptance of bids; appended to these shall be document confirming guarantee of participation in tender.   

4.2. The documents are accepted from the date of publication of this Informative Bulletin but no later than 28 June  2008, 03:00 p.m., at: 1, Piata Marii Adunari Nationale, Agency for Public Property by the Ministry of Economy and Trade, room 343? Open from 08:00 a.m. to 05:00 p.m. (Saturday and Sunday – days off), mun. Chisinau, the Republic of Moldova.  

4.3. The bidders, expect for the winner, are restituted guarantee of participation (except for cases stipulated in paragraph 4.5). The value of the guarantee of participation deposited by the winner is included into the amount due to be settled for the privatized assets. Guarantee of participation is not juridical base, procedure of holding the tender and submission of documents on the assets proposed for sales could be solicited from the Agency for Public Property by the Ministry of Economy and Trade, tel. 22-14-57, 23-43-50, fax.22-13-77, email: grigoriev@app.gov.md; ludmila.balan@app.gov.md .

 Director General of the Agency for Public Property 
by the Ministry of  Economy and Trade                                                                                                       Igor GRIGORIEV