18.02.2013
Tendering process notice («Design and Construction of Multifunctional Dwelling Complex in the Area of Nezavisimosti Ave. and Makayonka St. in Minsk» investment project)

Minsk Сity Executive Committee is hereby advising of holding tenders with a view to select an investor for signing an investment agreement on implementing the Project «Design and Construction of Multifunctional Dwelling Complex in the Area of Nezavisimosti Ave. and Makayonka St. in Minsk » (hereinafter referred to as “the Tenders”) on March 22, 2013 at: Minsk, Nezavisimosti Ave., 8, room 320.

Organizer of the Tenders: Minsk Сity Executive Committee, Minsk, Nezavisimosti Ave., 8.

The Tenders may be participated by legal entities and individual entrepreneurs of the Republic of Belarus, foreign legal entities and foreign organizations not being legal entities and incorporated pursuant the existing law of relevant states.

A person willing to become a bidder of the Tenders shall provide the Organizer of the Tenders with the following documents:

1. a request for participating in the Tenders in the established form;

2. legal entities of the Republic of Belarus shall provide:

  •  A copy of Articles of Association (a memorandum of association – for a commercial organization acting on the basis of such memorandum of association), having a stamp certifying state registration thereof  and original copies thereof for reviewing against the original;
  • a power of attorney (or another civil law document) issued to a legal entity’s representative (provided such representative is not a manager thereof) or a document certifying authorities of a legal entity’s manager (an order certifying such manager’s  designation , or a certified copy of a Resolution of a General Meeting of the participants, Board of Directors (Supervisory Board) or another management body of a legal entity pursuant to its constituent documents, or a labour agreement (contract) or another similar document);

Individual entrepreneurs of the Republic of Belarus shall provide:

  • a copy of a Certificate of state registration in the capacity of an individual entrepreneur and original copies thereof for reviewing against the original;
  • notarized power of attorney (for a representative of such individual entrepreneur);

A foreign legal entity or another foreign organization not being a foreign entity and incorporated pursuant to the existing law of relevant countries shall provide:

  • copies of constituent documents legalized (apostilized) in the established order and a statement of a trade register of a country of origin (such statement should be caused within at least 2 months prior to filing an application for participating in the Tenders) or another similar certificate of a legal status pursuant to the existing law of relevant countries with a notarized translation thereof into the Belarusian or Russian languages;
  • a power of attorney legalized (apostilized) in the established order (or another civil law document) issued to a legal entity’s representative, foreign organization not being a legal entity and incorporated pursuant to the existing law of a relevant foreign state, and/or other documents legalized (apostilized) in the established order with a notarized translation thereof into the Belarusian or Russian languages;

3. a document certifying effecting an advance payment;

4. an auditors’ opinion of a financial standing of a bidder willing to participate in the Tenders for 2011and 9 months of 2012 certifying the availability of net assets (net worth) for an amount equal to at least USD 10 mio.  (equivalent of  USD 10 mio.) effective as of a date of such statement. For foreign legal entities and foreign organizations such auditors’ opinion should be legalized (apostilized) in the established order with a notarized translation thereof into the Belarusian or Russian languages.

5. a document certifying the placement by a person willing to become a bidder of the Tenders, with one of the banks of the Republic of Belarus of monetary funds amounting to USD 1 mio.  (equivalent of  USD  1 mio.). A bidder who has not become a participant to the Tenders shall be entitled to freely dispose the above monetary funds on expiry of 5 business days following the results of the Tenders (signing of Protocol No.2 of the Tender Committee’s meeting respectively. A successful bidder shall be obliged to use the monetary funds provided for herein exclusively for the purposes of the Project implementation.

The request and other documents for the participation in the Tenders shall be served to the Organizer of the Tenders by an individual, a representative of a legal entity, organization, not being a legal entity, individual entrepreneur (a representative thereof) personally.

When serving such request for the participation in the Tenders or other documents such representative of a legal entity, organization, not being a legal entity, by individual entrepreneur (a representative thereof) shall be obliged to produce an ID card and a copy thereof for reviewing against the original.

In the event that discrepancies are available in such documents the Organizer of the Tenders shall return them back to a person who has served thereof.

In the event that such presented documents are complying with the above requirements a person who has presented thereof shall become a bidder and on a day when the documents were served shall be provided with the documents entitling to participate in the Tenders in accordance with which he/she submits a bid for tender at the date of tender.

List of the documents comprised in a bid:

1. a Table of a bidder’s competitive bid data set out by the Organizer;

Data on the sources of the funds directed to the Project implementation set out by the Organizer;

In so doing the data on the availability of own funds should be certified by the Auditors’ report stating such bidder’s financial standing for 2011 and 9 months of 2012 г., of borrowed funds – by bank letters or other documents certifying the intention of creditors (commercial banks), other investors, to make available their funds in the form of loans, borrowings, direct investments for implementing an investment project with the specification of amounts of such borrowed funds and terms of granting thereof;

2. a business plan or feasibility study certifying the expediency of a project implementation approved by the bidder;

3. a list of investment projects which have been implemented by a bidder or are on the implementation stage in the form set out by the Organizer;

4. a town-planning concept including:

  • a general project concept explanatory memorandum containing major engineering-and economical performance indicators of the project;
  • a General Layout ;
  • a project’s space-planning solution;
  • М 1:200, 1:500 layout, front elevation, section drawings;
  • photofixation (at least from 3 points, including panoramic photographs);
  • project town-planning concept visualization  (from the photofixation points);
  • М 1:1000project developed views from the side of Nezavisimosti Ave. and Makayonka St.

The Project source data are given in the town-planning passport (in the electronic form) with brief characteristics of the Facility and requirements to the Land Plot using and developing and in the Land Plot topographic layout (on a paper carrier), and are to be handed over to a bidder when registering a request for participating in the Tenders.

5. a commitment to finance the design and building the engineering, transport and social infrastructure facilities in the form set out by the Organizer;

6. a record statement of the documents submitted in a competitive bid sealed  envelope (on a separate sheet).

A person willing to become a bidder shall effect an advance payment amounting to USD 10 thou.  or an equivalent sum in EUR (for foreign legal entities and foreign organizations not being legal entities and incorporated pursuant to the existing law of a relevant country) according to the quotation for foreign currencies set by the National Bank of the Republic of Belarus at the date of payment or an equivalent sum in BLR at the official exchange rate fixed by the National Bank of the Republic of Belarus effective as of a payment date  (for legal entities and individual entrepreneurs of the Republic of Belarus) to Belarusbank Open Joint Stock Saving Bank , code 795, payment code 05520, Taxpayer number 101530339, beneficiary – Minsk Department of the Ministry of Finance of the Republic of Belarus, payment purpose – advance payment for the participation in the Tenders on selecting an investor, to the following accounts:

  • In USD – 3600101000086;
  • In EUR – 3600101000099;
  • In BLR – 3602101000026.

Earnest money to unsuccessful bidders shall be refunded within 5 business days following a refusal in participating in the Tenders or the results thereof (signature of Protocol № 2 of the Tender Committee’s meeting) respectively.

A successful bidder shall be obliged to indemnify the costs related to arranging and holding the Tenders within 3 business days following the results of the Tenders (signature of Protocol № 2 ) and prior to signature of an investment agreement submit to the Organizer of the Tenders duly certified copies of payment documents certifying the indemnification of the costs related to arranging and holding the Tenders  .

The earnest money remitted by the successful bidder shall be set off against the indemnification of the costs. A remaining part of the earnest money shall be remitted by the Organizer of the Tenders to such successful bidder within 5 business days following the registration of an investment agreement in the State Register of investment agreements to which the Republic of Belarus is a party.

The earnest money interest shall be neither accrued nor paid up.

Such advance payment to the persons who have not become bidders of the Tenders shall be refunded within 5 business days following the refusal in the participation or the results of the Tenders (signature of Protocol No.2 of the Tender Committee’s meeting) respectively.

Such advance payment effected by a successful bidder shall be set off against indemnification of costs. A remaining part of such advance payment shall be remitted to a successful bidder by the Organizer of the Tenders within 5 business days following the registration of an investment agreement in the State Register of investment agreements signed with the Republic of Belarus.

A successful bidder shall be obliged to indemnify the costs for arranging and holding the Tenders within 3 business days following the results of the Tenders (signature of Protocol No. 2) and prior to signature of an investment agreement provide the Organizer of the Tenders with certified copies of payment documents certifying indemnification of costs for arranging and holding the Tenders.

In the event that a successful bidder refuses to sign commitments to finance the designing and building the facilities of the engineering, transport and social infrastructure and/or  the investment agreement within due dates such advance payment effected by a successful bidder shall not be refunded thereto.

The Tenders’ precondition is the assumption by a bidder (the Tenders’ participant) commitments on implementing the Project «The Multifunctional Dwelling Complex in the Area of Nezavisimosti Ave. and Makayonka St. in Minsk», including:

  • Making available the developed town-planning concept of developing the Land Plot within the borders of Nezavisimosti Ave.Makayonka St.;
  • Mobilizing for implementing the Project a general Contractor – a resident of the Republic of Belarus;
  • Developing design documentation at the cost of own funds without mobilizing monetary funds of individuals;
  • Compensating damages for land users related to withdrawing and demolishing real estate facilities located on the provided Land Plot at the cost of own (borrowed, raised) funds without mobilizing monetary funds of individuals;
  • Complying with the requirements of the existing law of the Republic of Belarus in the field of the architectural, town-planning, building, environmental activities, protection of historical and cultural values, etc.;
  • Putting into operation of multilevel garages-parkings concurrently with dwelling facilities;
  • Complying with the requirements to designing and building the Multifunctional Complex provided for by the existing law, technical legal acts and town-planning documents;
  • Signing with Minsk City Executive Committee an agreement on gratis transfer by the Developer to Minsk  municipal property of dwelling buildings equal to 7,3 per cent, save the total space of dwelling buildings provided to the inhabitants of the demolished buildings located on the provided Land Plot;
  • Building dwelling buildings without the application of large panel construction structures;
  • preserving the work of Children’s railway road;
  • preserving the building of the Republican Environment and Biological Center, green house and lining-out nursery thereof;
  • erecting in-site lanes and other transport infrastructure facilities required for operating the Facility and planting the territory of the Land Plot within the allocated borders at the cost of own (borrowed, raised) funds;
  • financing the costs of designing and building (carrying over, removing, rehabilitating, connecting) the facilities of external (trunk) engineering and transport infrastructure pursuant to the commitments specified in the competitive bid;
  • designing and building social facilities of financing designing and building thereof pursuant to the commitments specified in the competitive bid;
  • preserving the historical nature of the parkway in Parnikovaya street pursuant to the regulations governing the protection of historical and cultural values approved in the established order.

The Organizer of the Tenders and successful bidder within 20 days following the results of the Tenders (signature of Protocol No. 2 of the Tender Committee’s meeting) shall sign an investment agreement pursuant to the provisions thereof related to the arranging and holding the Tenders.

A condition precedent of signature of such investment agreement shall be signature by the Tenders’ bidder a commitment to finance the designing and building of the engineering, transport and social infrastructure facilities in the form attached to the tender documentation. Such commitment shall be provided by a bidder within a competitive bid.

The requests for the participation in the Tenders are accepted at: Minsk, Nezavisimosti Ave., 8, room. 227 (contact phones +375 (17) 200 20 89) on business days from 9.00 a.m. till 1.00  p.m. and from 2.00 p.m. till 4.00 p.m. A deadline for accepting the requests – March 18, 2013 inclusive. Source.

The data on holding the Tenders are available on the official web-site of Minsk City Executive Committee http://minsk.gov.by.