PUBLIC NOTICE nr. 09/12

Pursuant to article 21 of the Law on Agricultural land (“Official Gazette of the Republic of Macedonia nr. 135/07, 18/11 and 148/11 and 95/12), according to the Decision nr. 22-10270/1 dated 26.09.2012, the Minister of Agriculture, Forestry and Water Economy announces the following

 

 

PUBLIC NOTICE nr. 09/12

For granting state-owned agricultural land for lease

I. SUBJECT OF THE PUBLIC NOTICE

State owned agricultural land of 5353ha 95are 46m2 shall be granted for lease in the region of Sveti Nikole:

Ord. Nr.

CADASTRE MUNICIPALITY

Under irrigation system

No irrigation system

Total

Ha

are

м2

ha

аre

м2

ha

are

м2

1

PESIROVO

7

62

44

0

00

00

7

62

44

2

AMZABEGOVO

31

07

64

0

00

00

31

07

64

3

KNEZJE

0

00

00

120

33

15

120

33

15

4

CRNILISTE

222

80

01

217

39

09

440

19

10

5

ADZIMATOVO

178

71

27

63

24

11

241

95

38

6

SARAMZALINO

221

60

35

108

06

90

329

67

25

1

GJUZEMELCI

0

00

00

272

96

61

272

96

61

2

MILINO

263

36

61

1093

18

55

1356

55

16

1

LOZOVO

236

65

88

343

75

92

580

41

80

2

KARATMANOVO

68

52

33

661

03

34

729

55

67

1

DORFULIJA

288

93

21

341

61

99

630

55

20

2

KJOSELERI

124

59

35

122

95

62

247

54

97

3

ADZI BEGOVO

66

28

04

7

73

09

74

01

13

4

DELISINCI

291

49

96

0

00

00

291

49

96

Total:

2001

67

09

3352

28

37

5353

95

46

 

The data about the agricultural land set forth in this public notice (for easements and other burdens, the condition in which the land shall be found, the cadaster data contained in the property or ownership certificate) are consistent with the cadastral evidence, and insight in these data for each area can be done on the notice-board in the regional unit of the Ministry that is responsible for the relevant advertised area, or at the web-site of the Ministry www.mzsv.gov.mk.

 

The agricultural land that is subject to this announcement is granted for lease as one unit.

The agricultural land that is subject to this announcement is granted for lease, for cultivation of other agricultural crops (cereals and forage).

The duration of the lease of the land shall be 15 years.

The duration of the lease, after the expiry of the concluded lease contract, may be extended by means of a direct agreement, for the next period of 15 years, under the same conditions referred to in the previous contract, if the buyer has settled and completed its obligations arising out of the previous lease contract.

 

II. FORM FOR PARTICIPATION ON THE PUBLIC NOTICE (BID)

The form for participation on the public notice (bid) may be taken with the regional offices of the Ministry and it has to be filled with all necessary data and submitted together with the necessary documents in a closed envelope; otherwise the bidding shall not be considered.

 

 

III. RIGHT TO PARTICIPATE ON THE PUBLIC NOTICE

1) Domestic physical and legal entities, as well as foreign legal entities shall have the right to participate on the public notice and submit their bids for taking agricultural land in state ownership for lease.

2)Physical entities  referred to in Part III,  paragraph 1 of this public notice, should be registered providers of agricultural activity and /or  entities registered in the register of agricultural holdings and/or sole proprietors whose prevailing activity is agricultural production or processing of primary agricultural products.

3) Foreign legal entities referred to in Part III, paragraph 1 of this public notice, have the right to participate on a public notice if they have subsidiaries registered in the Republic of Macedonia.

4) Agricultural production or processing of primary agricultural products should be the prevailing  activity of domestic and  foreign legal entities or their  subsidiaries, or agricultural land should be required for carrying out scientific research activities.

5) The persons referred to in Part III, paragraph 1 of this public notice shall not have the right to participate on the public notice and to submit bids in a procedure for collecting of bids if they haven’t fulfilled their obligations on the base of rent in connection with the concluded lease contracts for agricultural land in state ownership.

6) Legal entities under liquidation procedure and non-profit organizations shall not have the right to participate on a public notice.

IV. DOCUMENTS THAT SHALL OBLIGATORILY BE SUBMITTED TOGETHER WITH THE BID

1) The participants on the public notice for granting agricultural land in state ownership for lease, are required to submit the following:

a) for legal entities:

-          Offer for the amount of the annual rent (application form from the regional office of the Ministry);

-          evidence (act) issued by the Central Registry of the Republic of Macedonia for the performed registration in the trade registry or from another competent body for registration of legal entities;

-          evidence for settled obligations in regard with contributions for salaries and salaries for employees (confirmation issued by the Fund for insurance of retired and disabled persons, confirmation issued by the Fund for health insurance and certificate issued by the Public Revenue Office);

-          business plan that should obligatorily contain the following:

-          basic data about the participant, (for a bidder that is domestic legal entity, established by a foreign legal entity and the founder’s details;

-          the purpose for which the land is going to be used;

-          applied technology

-          production of animal food should obligatorily be envisaged, so that the production capacity until the end of the third year should amount 75.000 tons per annum;

-          to provide at least 8000 cows in the first 18 months, and to increase the number of heads up to 20.000 within the period of three years;

-          to obligatorily plan milk production with a capacity of 80.000l per day.

-          number of employees: the business plan should obligatorily contain a plan for employment of 900 employees within the first 18 months, and to reach the number of 2000 employees within the period of 3 years.

-          market aspects:

-          the planned investment should amount at least 200.000.000 Euro within the period  3 years, of which at least 60.000.000 Euros within the first 18 months, 70.000.000 Euros up to the expiry of 27 months and 70.000.000 Euro up to expiry of 36 months.

-           expected production-economic results;

-          statement (registered with the Notary Public) from the founders and the responsible person in the legal entity that they were not founders or managers of the legal entity that had used the agricultural land in state ownership under lease, and haven’t fulfilled the obligations from that contract; and

-          confirmation from the regional office of the Ministry that it does not have any obligations in regard with the unpaid rent for use of agricultural land in state ownership;

-          bank guarantee for participation in the procedure.

b) for physical entities:

-          bid for the amount of the annual rent (application form of the regional office of the Ministry);

-          evidence for settled public fees (certificate issued by the Public Revenue Office);

-          copy of the personal identification card;

-          program for use of the land that contains:

-           basic data about the family,

-          technical-technological equipping,

-          the purpose for which the agricultural land will be used; and

-          the market aspects - the planned investment should amount at least 200.000.000 Euro within the period  3 years, of which at least 60.000.000 Euros within the first 18 months, 70.000.000 Euros up to the expiry of 27 months and 70.000.000 Euro up to expiry of 36 months.

-          (planned production capacity for animal food,  so that the production capacity until the end of the third year should be 75.000 tons per annum; planned farm with 20.000 heads of cows and a planned milk production capacity of 80tons per day); and planned employment of 2000 employees, i.e. 900 employments  in the first 18 months, and 1100 employments in the next 18 months;

-          confirmation for recording in the sole registry of agricultural holdings or a decision of a registered performer of agricultural activities (issued by the regional office of MAFWE or from the Fund for insurance of retired and disabled persons, for gained right to be their insured person as farmer) or  a proof form the Central registry office  for being a registered sole proprietor :

-          statement for validity of data stated in the application that has been registered with the Notary Public;

-          statement registered with the Notary Public that it was not a founder or responsible person in the legal entity that had used the agricultural land in state ownership under lease and had not fulfilled the obligations from that contract; and

-          confirmation from the regional office of the Ministry that it doesn’t have obligations in regard with unpaid rent for use of state agricultural land; and

-          bank guarantee for participation in the procedure.

2) The applications for the public bid that shall be submitted as incomplete and with delay, shall not be taken into consideration.

3) The required documents shall be submitted in their original form or as notarized copies.

4) The conditions foreseen in the business plan (for legal entities), i.e. the market aspects (for physical entities) shall represent an integral part of the contract that shall be concluded with the chosen bidder, and shall be considered as contract obligations that the bidder shall have to fulfill within the terms and manners described in this Public Notice.

V. BANK GUARANTEES

5.1. Bank guarantee for participation on the bid

All bidders for this public notice are obliged to submit bank guarantees for participation in this procedure, together with their offer.

The bank guarantee for participation in the procedure should be unconditional, irrevocable and payable at first call, as well as to be issued at the value of 100.000 Euro or similar amount in Denar counter-value, calculated on the base of the mean rate of Euro with the National Bank of the Republic of Macedonia on the date of issuance of the bank guarantee.

The bank guarantee for participation in the procedure should be valid within the period of 120 days, counted from the date of public opening of bids for this public notice.

The bank guarantee should be issued by a bank with a seat in the Republic of Macedonia, or by a foreign bank; in such a case, the foreign banks should have minimum BBB (or equivalent) credit rating, issued by one of the following credit rating agencies: MOODY’S INVESTORS SERVICE, STANDARD AND POOR’S RATING SERVICE or FITCH RATINGS.

Within the period of 14 days after the concluding of the lease contract for state-owned agricultural land with the chosen bidder, the bank guarantees submitted by other bidders who participated in the procedure, but were not chosen, shall be returned to the bidders. The bank guarantee for participation in the procedure of the chosen bidder shall be returned after submission of a bank guarantee for qualitative and timely fulfillment of the contract.

The guarantee for participation in the procedure shall be paid in favor of the Ministry of Agriculture, Forestry and Water Economy, if the bidder:

1. despite the fact that he is called to conclude a lease contract for state-owned agricultural land in accordance with the conditions stated in the public notice, refuses to do that, or if he places conditions for changes and amendments that are not provided in this public notice in order to sign the contract;

2. if the participant in the procedure withdraws the offer after its opening; and

3. if the chosen bidder fails to submit a bank guarantee for qualitative and timely fulfillment of the contract.

 

5.2. Bank guarantee for qualitative and timely fulfillment of the contract

Within the period of 15 days after the date of signing of the lease contract for state – owned agricultural land, the chosen bidder is obliged to submit a bank guarantee for qualitative and timely fulfillment of the contract.

The bank guarantee for qualitative and timely fulfillment of the contract should be unconditional, irrevocable and payable at first call, as well as issued in the amount of 5% of the total value of the envisaged investments stated in the offer of the chosen bidder for the first 18 months.

After the expiry of the period of 6 months, the chosen bidder has the right to request replacement of  the bank guarantee for qualitative and timely fulfillment of the contract with a new bank guarantee, issued at the amount that shall be proportionally and in percentages  decreased for the realized amount of the investments, in a manner in which the new bank guarantee shall be issued at an amount of 5% of the remaining value of the investments of the chosen bidder which should invest in the first 18 months. Upon this, the chosen bidder shall be obliged to prove that the amount for which proportional and percentage decrease of the bank guarantee amount is requested is invested by the chosen bidder in accordance with the conditions in this public notice and the provisions of the lease contract for state owned agricultural land.

The bank guarantee for qualitative and timely fulfillment of the contract should be valid for the period of 1 year and 6 months, counted from the date of signing of the lease contract for agricultural land in state ownership. The chosen bidder is obliged to submit a new bank guarantee, valid for the period of 9 months, at the amount of 5% of the total planned investments for the next 9 months, as stated in its offer, 30 days before the expiry of the bank guarantee for qualitative and timely fulfillment of the contract at latest. This obligation of the chosen bidder for submitting of a new bank guarantee for qualitative and timely fulfillment of the contract is repeatable in the same manner, and shall be obligatory until fulfillment of all obligations of the chosen bidder envisaged in this announcement, as well as with the lease contract for state-owned agricultural land.

The bank guarantee for qualitative and timely fulfillment of the contract should be issued by a bank with a seat in the Republic of Macedonia, or by a foreign bank; in such a case, the foreign banks should have minimum BBB (or equivalent) credit rating, issued by one of the following credit rating agencies: MOODY’S INVESTORS SERVICE, STANDARD AND POOR’S RATING SERVICE or FITCH RATINGS.

The bank guarantee for qualitative and timely fulfillment of the contract shall be activated for payment in the following cases:

1. Within the terms envisaged in this Public Notice in the part of the Business Plan (for legal entities), i.e. market aspects (for physical entities), if the obligations are not fulfilled by the chosen bidder; and

2. If the chosen bidder fails to submit a new bank guarantee for qualitative and timely fulfillment of the contract, in the amount and in a manner envisaged in this Public Notice, within the period of 30 days before the expiry of the validity of the previous bank guarantee.

In case of failing to fulfill the obligation for renewing the bank guarantee, the lease contract for state owned agricultural land shall be terminated.

The guarantee for qualitative and timely fulfillment of the contract shall be returned to the chosen bidder within the period of 10 days after the expiry of the contract or after termination of validity of the contract  by force of the Law on agricultural land if he failed to fulfill the remaining due obligations from the contract.

VI. SUBMISSION OF A BID

The form for participation on a public notice (bid) shall be submitted as one certified original signed by the bidder.

Each bidder may submit only one original form (bid).

One bidder shall have the right to submit a bid for the space that is subject to this public notice, exclusively as one unit.

The bids shall be submitted within 30 days from the date of publication of the public notice in the daily press, to the Ministry of Agriculture, Forestry and Water Management - Skopje.

The bid and other documents should be submitted in a sealed envelope on which the words “do not open”  "Bid on the Announcement 09/12 for agricultural land under lease in the region (the region should be written down)” should be written down in the upper left corner of the envelope, and the words "Ministry of Agriculture , Forestry and Water Economy” “ Leninova” No. 2 Skopje" in the middle of the envelope.

The envelope should not contain any indication that could allow identification of the bidder or consignor.

VII. CRITERIA FOR SELECTION OF THE MOST FAVORABLE BIDDER

1) The Commission shall select the best bidder  based on criteria established in Article 25, 26 and 27, paragraph 1 of the Law on Agricultural Land ("Official Gazette  of the RM" No.135/07, 18/11 and 148/11)):

- The highest annual rent offered

2) The starting price for the agricultural land in the region of Sveti Nikole that is subject to this public notice shall be annual rent in the amount of 120.000 Euro in Denar counter-value, calculated in accordance with the mean rate of the National Bank of the Republic of Macedonia on the date of payment of the annual rent.

3) The size of the area of agricultural land that shall be granted to one bidder  shall be determined on the base of the criteria laid down in Article 27 paragraph 2 of the Law on Agricultural Land ("Official Gazette of the RM" no. 135/07, 18/11 and 148/11) and Article 4 of the Rulebook on criteria for selecting the most favorable bidder for agricultural land in state ownership ("Official Gazette of the RM" br.12/08 and 26/12).

4) The offers that shall not be prepared in accordance with the conditions determined in this Public Notice , shall be rejected as groundless.

5) The submitted offers for this Public Notice shall be publicly opened at 12:00 o’clock on 14.12.2012

6) The lease contract for state-owned agricultural land shall be concluded with the chosen bidder(s), within the period of 30 days, after previously paid 12 months’ rent.

7) If there are two or more offers that fulfill the conditions stated in the Public Notice, the election of the most favorable bidder shall be performed by electronic bidding of bidders who shall fulfill the criteria in this Public Notice. The starting price of the electronic bidding shall be the amount of the highest offered rent, submitted in accordance with this Public Notice.

VIII. ADDITIONAL INFORMATION

 

For additional information, the bidders can apply to the Ministry of Agriculture, Forestry and Water Economy phone: +389 (0)2 313 44 77,

Contact person: Mr. George Dislenkovic, e-mail address: george.dislenkovic@mzsv.gov.mk

or visit the website of the Ministry  www.mzsv.gov.mk.