Procurement of service for preparation of software solution for implementation of the procedures pursuant to the law on construction land

Ministry of Transport and Comunication — Macedonia

The Contractor is obliged to deliver and install the contract subject in the premises of the Ministry of Transport and Communications within 4 months as of the day of the contract signing, 3 months for preparation and 1 month to conduct the training and testing.
The delivery and installation term shall commence as of the day of the contract signing.
Minutes shall be compiled and signed for the software hand over/takeover by the technical persons of the Contracting Authority and the economic operator, thus guaranteeing the technical and functional regularity of the software.
Form and signing of the bid
The bid is submitted in electronic form via the Electronic System for Public Procurement (ESPP) and it should be electronically signed by using a digital certificate from the responsible person of the economic operator or person authorised by the responsible person of the economic operator. If the bid is signed by a person authorised by the responsible person, the authorisation for signing of the bid signed by the responsible person should also be enclosed. More detailed information for the manner of digital signing is comprised in Annex 1 of the “Rulebook on the use of Electronic System for Public Procurement (ESPP)” posted on the home page of ESPP in the part “Economic operators”.
The bid is signed electronically by using a digital certificate issued by a registered certificate issuer in the Ministry of Finance of the Republic of Macedonia (currently KIBS and Makedonski Telekom).
Foreign economic operator can sign the bid electronically by using qualified digital certificate issued by a registered certificate issuer with headquarters in the European Union.
In case of using qualified certificate issued from a certificate issuer with headquarters in a third country, the certificate shall be deemed valid if one of the following 3 conditions is met:
- the issuer meets the conditions for qualified certificate prescribed with the Law on data in electronic form and electronic signature (“Official Gazette of the Republic of Macedonia“ number 34/01, 6/02 and 98/08) and is voluntarily accredited in the European Union; or
- registered domestic issuer guarantees for the foreign certificate as having issued the certificate itself; or
- such is agreed with bilateral or multilateral international agreement concluded between the Republic of Macedonia and another country or international organization.
The Commission reserves the right if in the course of evaluation there are doubts regarding the validity of the used certificate, or if the certificate issuer requests additional information or documents which prove the certificate validity.
The digital certificate holder with whom the documents presenting integral part of the bid (financial and technical bid, statements) are signed, must be the authorized signatory of the legal entity (economic operator) or a person empowered by the authorised signatory. In order to issue a certificate to a person who is not authorized signatory of the economic operator, such person should provide authorisation (power of attorney) from the authorized signatory (manager) of the legal entity; however when such person – certificate holder signs a bid, it should enclose the power of attorney as an integral part of the bid.
The power of attorney shall be deemed valid if enclosed in:
a) electronic form signed with digital certificate of the manager;
b) scanned form with seal and personal signature of the manager; or
c) hard copy, with seal and personal signature of the manager.
The bids signed with digital certificate whose holder is a person having no authorization for bid signing shall be rejected as bids with formal insufficiencies.
6.8. Manner of submitting the bid and the accompanying documentation
The bids can be only submitted by the economic operators which have obtained the tender documentation via the ESPP. The Contracting Authority can also accept a bid from economic operator which has not obtained the tender documentation via the ESPP; however the Contracting Authority shall not be obliged to submit the possible modifications and amendments to the tender documentation to such economic operators.
The economic operator shall submit the bid in electronic form via ESPP.
The bid submitted via ESPP should be electronically signed by the economic operator by using a digital certificate issued by a registered certificate issuer in the Republic of Macedonia, or renowned and recognized foreign certificate issuer.
The economic operator shall submit the accompanying documentation (documents for proving the personal status, capability for performance of professional activity, economic and financial standing, technical or professional capability, minimum criteria, CV of the team members, catalogues and other) in original or in scanned electronic form.
The economic operators may submit the required accompanying documentation in hard copy before the deadline for electronic bid submission if such documentation is unavailable in electronic form, by mail or personally handed over in the archive of the Ministry of Transport and Communications, in a sealed internal envelope on which the full name and address of the economic operator shall be stated. The internal envelope sealed in such manner is then closed in an external envelope which shall:
- indicate the exact address of the Contracting Authority;
- contain information on the number of the announcement for awarding the public procurement contract and the date of its announcement;
- contain in the upper left corner the warning “Do not open” in order for it not to be opened before the time and date of opening the bid.
6.9. Costs for bid submission
The economic operator shall bear all costs related to the preparation and submission of the bid and the Contracting Authority shall not be held responsible for such costs, regardless of the conducting and outcome of the procedure for awarding public procurement contract.
The costs incurred in relation with the preparation and submission of the bid shall be borne by the bidder and such costs shall not be recognized.
The bidder shall bear the risks related to the bid submission, including the Force Majeure.
6.10. Alternative bids
No alternative bids shall be allowed in this procedure for awarding public procurement contract.
TECHNICAL SPECIFICATIONS
INFORMATION SYSTEM FOR CONDUCTING PROCEDURES
PURSUANT TO THE LAW ON CONSTRUCTION LAND
SYSTEM DESCRIPTION
The Law on Construction Land regulates the rights and obligations with regards to the construction land, arrangement of the construction land, conditions and manner of disposal with the construction land.
The information system should have a special focus on the guarantee of the rights of the entities included in the procedure, prevention of misuse of any kind, as well as efficient and timely implementation of the procedures arising from this Law by all competent bodies. Within this context, the information system should especially reflect all administrative and court procedures initiated pursuant to the Law on construction land, archiving and verification of the acts and documents arising from the procedure, the action of the competent notary public, second-instance bodies deciding upon complaints against the acts in the procedures, the procedures of competent courts acting in the procedures for appeals against the acts of second-instance bodies, as well as the procedures including other competent bodies which are competent to give their opinion or consent throughout the procedure.
The information system should ensure implementation of the procedures which shall end with determining the loads and limitations of the construction land, in ownership of the Republic of Macedonia, and especially establishment of the right to use, easement, lease, actual load, mortgage and other rights to the construction land that need to be brought in a phase prior recording thereof in the property deed of the land, which shall be further performed in the information system of the Real Estate Cadastre Agency.
Hence, this system shall mandatorily ensure legal action related to the rights to temporary facilities, facilities owned by Republic of Macedonia, facilities owned by the municipalities, municipalities in the City of Skopje i.e. the City of Skopje and facilities owned by the public enterprises, which are not registered in the public ledger for registering rights to real estate or for which there is a danger of demolition.
Construction land is a good of general interest for the Republic and is specially protected in a manner and under conditions stipulated by Law, therefore the information system should ensure the highest level of system security, identification of the bodies, officers, persons and entities involved in the procedures, which requires evident recording of the date and time of notification, movement of the subject, review of the activities of each user, validity of the electronic signature and other safety features and security of the administrative action.
This system should also ensure action of all authorized entities for acquiring rights based on legal act, as well as managing procedure for sale and long-term or short-term lease, procedure for exchange, establishing right to actual easement, assignment of the right to construction, or establishing other actual rights in a procedure stipulated with the Law on construction land or other law. With reference to the aforementioned, it is important to consider the fact that the construction land, in ownership of the Republic of Macedonia, shall be sold or given under long-term or short-term lease by means of public bidding and direct agreement for which the information system needs to ensure all procedures to be entirely conducted by using electronic means in accordance with the conditions stipulated by Law.
FUNCTIONAL UNITS
The information system should encompass the following functional units which can be self-sufficient and independent units or to be mutually connected.
The information system shall encompass the following functional units (modules):
1. Module for ELECTRONIC ARCHIVE
2. Module for ELECTRONIC AUCTIONS FOR SALE AND LEASE of construction land (e-auction)
3. Module for electronic management of DIRECT AGREEMENT procedures
4. Module for electronic management of the procedure for ESTABLISHING THE RIGHT TO EASEMENT – TO BE DELETED!
5. Module for PROCEDURE SUPERVISION
6. Module for MERITORIOUS DECISION-MAKING
7. Module for electronic management of the procedure upon stated COMPLAINT AGAINST ADMINISTRATIVE ACT or APPEAL AGAINST ACT OF SECOND-INSTANCE BODY
8. Module for ELECTRONIC PAYMENT OF COMPENSATIONS AND FEES
9. Module for REGISTER OF CONTRACTS ON SALE AND LEASE OF CONSTRUCTION LAND
10. Module for AUTOMATIC ELECTRONIC SIGNING OF INDIVIDUAL ACTION AND AUTOMATIC SIGNING OF ACTS AND DOCUMENTS FROM THE PROCEDURE
11. Module for USER ROLES IN THE SYSTEM
12. Module for ELECTRONIC REGISTRATION AND ACTION OF THE REQUESTOR
13. Module for FORWARDING CASE FROM ACTUALLY UNAUTHORIZED BODY TO THE ACTUALLY AUTHORIZED BODY
14. Module for AUTOMATIC MONITORING OF THE DEADLINES AND NOTIFICATION FOR EXCEEDING SUCH DEADLINES
15. Module for AUTOMATIC NOTIFICATION BY E-MAIL OR SMS
16. Module for ESTABLISHING VALIDITY AND EXTRAORDINARY LEGAL REMEDIES
DETAILED DESCRIPTION OF THE FUNCTIONALITIES
A. MODULE - ELECTRONIC ARCHIVE
The request with the documentation enclosed to the request and the acts and documents adopted i.e. prepared by the competent body should be archived accordingly in the electronic register which should be integral part of the information system.
Upon receiving the request and the documents enclosed thereto, it shall be submitted to the archivist of the competent body which shall enter the case in the electronic register. When entering the case and the acts and documents in the procedure, the Law on archive operation shall apply in its entirety, whereas the information system shall especially contain the data in the following order:
Ordinal Number Request acceptance date Submitter of the request or ex-officio Brief content of the request Minutes for actions upon the procedure (with number and date) Conclusion
(with number and date) Resolution upon request
(with number and date) Settlement date Submitted upon non-reaction of the administration Article 129-a of LGAP Complaint submission date Work of the first-instance body upon complaint Complaint submission date to the second-instance body or request for non-reaction of the administration
For rejection For termination For interruption For permit for performance Annulled Rejected Revoked Within the legal term Upon expiry of the legal term Adopted decision Non-adopted decision Prohibited Untimely Stated by unauthorised person The first-instance decision is replaced
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
The information system should ensure appropriate registration of the documentation in electronic form in the phase before submitting thereof to the submitter or to other competent body within the procedure i.e. registration of the status of the act before and after its completeness, effectiveness, cancellation, etc.
This functional module should be available for all competent bodies and the bodies to which a request was addressed by the competent body for taking particular legal action, i.e. to provide their own opinion.
B. MODULE - ELECTRONIC AUCTIONS FOR SALE AND LEASE
This module can be accessed by all authorized state officials within the competent body conducting the procedure for sale or lease of construction land owned by the Republic of Macedonia by means of electronic public bidding.
The administrator within the body shall provide access to the Commission members, which conducts the procedures pursuant to the Law, so that the Commission members can further access this module for the purpose of SCHEDULING AN AUCTION:
In order to schedule an auction, the following data and documentation should be entered electronically:
- Electronic form of the announcement;
- Creation of electronic public bidding;
- Data on construction land;
- Data on urban planning documentation;
- Date, time, hour and minute of the commencement of the electronic public bidding;
- Duration of the public bidding (the public bidding cannot last less than 15 minutes. The public bidding shall be deemed completed at the moment when the time specified in the announcement expires, whereas if there is a bid from the participants after the expiry of the last two minutes from the time determined for duration of the public bidding, the deadline for completion of the public bidding shall be prolonged for additional two minutes and shall end when there is no other bid from the participants within the next two minutes.
The public bidding shall continue without limit, as long as there is a new bid within the time interval of two minutes);
- Definition of initial price per m2 and minimum step bidding per m2;
- Deadline for submission of applications for participation;
- Definition of the necessary documentation for participation in the public bidding;
(mandatory: nationality or proof for registration and bank guarantee for importance of the bid.
optional: balance sheet and profit and loss account issued by a competent body or an audited profit and loss account verified by an authorized audit company, proof for ownership issued by competent body, proof for number of employees issued by a competent body, bank guarantee for fulfilment of the obligations from the contract on sale or long-term lease of the construction land, proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity that ranks on one of the renowned world stock exchanges or if it is a legal entity controlled by a regulatory body and a proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity, possesses appropriate license or is specialized for construction or management of facilities subject of the public announcement);
- Documentation in electronic form related to the respective construction land;
- Review of applications for participation;
- Approval or rejection of the applications for participation;
- Review of the progress of the public bidding.
The module should ensure entering of the aforementioned data via specially determined form for scheduling auctions.
The scheduled auctions should be presented in a special review with the title SCHEDULED AUCTIONS. The members of the Commission should be able to review the details of the scheduled auction via the special button DETAILS.
Once the user – Commission member reviews the information on the scheduled auction via the button DETAILS, additional browser should exist in order to enable review of the arrived electronic applications for participation in the public bidding.
In the course of each particular review of the arrived applications, the user – Commission member should be able to approve the application or reject thereof by acting via the module itself. Upon the expiry of the deadline for submission of the applications, the Commission shall determine whether the applications are completed and submitted in line with the conditions from the announcement. The Commission shall notify the submitters of the applications for the completeness thereof electronically, within 24 hours upon the expiry of the deadline for submission of the applications, whereas the Commission shall submit username and password for participation in the public bidding to the submitters of the applications who submitted the complete documentation, and to the submitters of the applications without complete documentation the Commission shall submit a notification with explanation stating that they will not participate in the public bidding. The Commission shall not be able to see how many applications for participation in the public bidding have arrived until the expiry of the deadline for submission of the applications.
The submitter should be notified of the application status via automatically predefined e-mail or SMS.
This module should also contain browser of auctions which ended with the possibility for review of the submitted applications, the progress of the bidding and the overall procedure before or after the conducted electronic public bidding with the appropriate documentation.
SUBMISSION OF APPLICATIONS FOR PARTICIPATION
ON THE SCHEDULED PUBLIC BIDDING
Upon scheduling the auction, the information entered in the system via SCHEDULE AUCTION function should be displayed on the home page in the group with title SCHEDULED AUCTIONS with the option to choose per municipality and purpose of the construction parcel, date and time of holding the auction.
ONLY THE REGISTERED SYSTEM USERS (every natural person and legal entity) should be able to submit electronic application for participation on the respective scheduled electronic auction via predefined form for entry of the data and documentation to the application. The users who are not registered shall be able to review the scheduled auctions with the information thereto in their entirety, without the possibility to submit application for participation in the public bidding.
The electronic application for participation in the public bidding is a predefined form containing the following:
- data on the application submitter (name and surname or title, address of residence i.e. headquarters, telephone number, e-mail address);
- attaching previously defined documentation for participation in the public bidding;
(mandatory: nationality or proof for registration and bank guarantee for importance of the bid.
optional: balance sheet and profit and loss account issued by a competent body or an audited profit and loss account verified by an authorized audit company, proof for ownership issued by competent body, proof for number of employees issued by a competent body, bank guarantee for fulfilment of the obligations from the contract on sale or long-term lease of the construction land, proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity that ranks on one of the renowned world stock exchanges or if it is a legal entity controlled by a regulatory body and a proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity, possesses appropriate license or is specialized for construction or management of facilities subject of the public announcement).
The scheduled auction for each particular parcel should be visible on the home page of the software application with the possibility for submission of the electronic application for participation from all interested legal entities and natural persons. With the selection of the announced auction, submission of application for participation on the auction for the parcel shall be enabled for a respective parcel with the overall accompanying documentation. In case when the application submitter is not previously registered, the system should automatically address such person to the electronic form for registration of new user. Only the registered users can submit application for participation in the public bidding.
The acceptance of the application for participation together with the documentation shall be registered in the electronic archive, approved by the Commission formed by the competent body, which establishes that the application for participation is approved via the information system, whereby the application submitter shall be immediately notified that such application has been approved and that access to the public bidding has been approved which shall be sent via automatic e-mail and SMS message.
The system should generate a report on the submitted applications for participation in the public bidding, by sorting the applications on: APPROVED and REJECTED. The report should contain the following: name and surname/title of the application submitter; address/headquarters; mail address of the application submitter; time and date of submitting the application; application status: approved or rejected; the report should be archived in the electronic archive.
During the period of holding the scheduled auction, the submitter of the application for participation in the public bidding shall enter the username and password on the login page and the information system shall directly display the respective public bidding which is recognisable according to the particular password.
The system should independently generate particular MINUTES from the conducted procedure for public bidding which shall be registered in the electronic archive/log book and it shall be automatically submitted to all participants in the public bidding via the information system. With the archiving the system shall immediately submit the minutes to the participants in the public bidding.
Upon submitting the minutes
The completed auction shall be transferred in a special browser with the title COMPLETED AUCTIONS as a documentation in electronic form of permanent value.
The overall documentation should, depending on the outcome of the procedure, be provided and possibly awarded to a second-instance body (determined in accordance with this tender documentation) or to a competent Administrative Court.
PUBLIC BIDDING
The public bidding shall commence with the announcement of the initial price per m2 for the respective construction land.
The participants in the public bidding have the possibility to increase the price of the construction land per m2, with minimum step which is previously defined.
Besides the amount of the price of the construction land per m2, the system should display the total offered price of the construction land (offered price per m2 x surface in m2 of the construction parcel).
The participants in the public bidding can see only the last offered price per m2 i.e. the total offered price of the construction land, without knowing who offered such price.
The system must not allow two or more bidders to give identical price at the same time; therefore the system shall accept only the price which was first entered by the bidder. Throughout the entire duration of the public bidding, the system shall display to all participants that their price is the highest one, except to the bidder who at the moment offered the highest price and therefore the system shall display "you price is currently the highest" to such bidder.
In the course of the public bidding the system should also display the duration of the public bidding, as well as the time that remaining until the end of the auction.
COMPLAINTS
Upon the submitted minutes, the participants in the public bidding shall be entitled to file a complaint in writing to the body.
The Commission member shall establish that complaint was filed into the system and shall attach the filed complaint in electronic form (scanned) and connect it to the bidder by selecting the appropriate auction and the list of bidders. The bidder shall be notified of the complaint status.
The Commission shall decide upon the complaint with decision/conclusion which shall be submitted to the archivist via the system, who shall send the decision/conclusion to the bidder.
The party shall be entitled to file an appeal against the decision/conclusion adopted by the Commission, upon filed complaint, within 15 days by using electronic means.
The procedure for public bidding shall end upon the expiry of the deadline for filing complaint, if there is no filed complaint, whereas the system shall establish the following: COMPLETED PUBLIC BIDDING.
The procedure for public bidding shall be completed upon adopted decision, if there is no appeal filed against such decision, and in case when an appeal is filed, the procedure for public bidding shall be deemed completed upon the effectiveness of the decision/conclusion, which shall be established in the electronic system and the public bidding shall have the following status: COMPLETED PUBLIC BIDDING.
If the complaint/decision with regards to the complaint for public bidding has been considered, the system should enable:
- cancellation of the public bidding and scheduling of new public bidding with the same participants;
- cancellation of the public bidding, without the possibility for scheduling of new public bidding with the same participants.
Upon the completion of the procedure for public bidding, the Commission should submit a request for opinion via the electronic system to the State Ombudsman Office of the Republic of Macedonia with regards to the draft-text of the contract on sale or long-term lease of the construction land owned by the Republic of Macedonia. The system should alarm the Commission for the expiry of the deadline of 3 days.
The State Ombudsman Office of the Republic of Macedonia is obliged to provide its opinion regarding the draft-text of the contract on sale or long-term lease of the construction land owned by the Republic of Macedonia, via the electronic system within 30 days as of receiving the request for opinion. If the State Ombudsman Office of the Republic of Macedonia does not provide its opinion within 30 days, it shall be deemed that the opinion regarding the aforementioned is affirmative.
If the opinion of the State Ombudsman Office of the Republic of Macedonia is negative or in case of specified remarks that should be removed, the system should allow the Commission to attach additional documentation and new text of the draft-contract and to submit it once again in order to obtain opinion from the State Ombudsman Office of the Republic of Macedonia, upon which the State Ombudsman Office should submit another opinion from the Commission.
If the opinion of the State Ombudsman Office of the Republic of Macedonia is affirmative, the Commission should submit a notification for selection of most advantageous bidder within three days via the electronic system to the most advantageous bidder (defined form generated by the system).
The most advantageous bidder is obliged to effectuate the funds within 15 days as of receiving the notification for selection of most advantageous bidder to the Commission and to submit proof for the effectuated payment via the electronic system.
If the most advantageous bidder fails to effectuate the funds within the deadline of 15 days, it will be recorded in the electronic system that the bank guarantee for importance of the bid is activated and that the contract shall not be concluded.
If the most advantageous bidder effectuates the funds and cannot conclude a contract on the basis of the submitted documentation, the funds shall not be returned to the bidder, the bank guarantee for importance of the bid shall be activated and the contract shall not be concluded and all of the aforementioned will be established in the system.
If the State Ombudsman Office provides negative opinion and if the terms and conditions for conclusion of the contract are not met, the Commission is obliged to submit notification to the most advantageous bidder via the electronic system that the contract shall not be concluded.
CONCLUDING A CONTRACT
If the submitter submitted a proof for effectuated payment of the compensation within the foreseen deadline, the Minister/Mayor shall sign the contract within 5 days with electronic signature and submit thereof to the most advantageous bidder for signing within an additional period of 5 days (with the function SIGN CONTRACT).
In case when the most advantageous bidder does not sign the contract, the system should inform the Commission which will be able to establish that the terms and conditions for contract signing have not been met.
After the most advantageous bidder signs the contract, the Commission can select a competent municipality within 1 day to which it shall submit a request together with the concluded contract in order to calculate the amount of the real estate tax. The municipality shall adopt a Decision pursuant to the Property Tax Law which shall be attached in the system in scanned form and submitted to the most advantageous bidder.
Upon receiving the decision via the system, the most advantageous bidder can submit a proof of effectuated payment of the tax within 15 days. The effectuated payment is confirmed by an official from the municipality (role - payment check), via the system upon which the submitter is allowed to submit the contract for verification thereof at a notary public within 15 days. In such case, the submitter shall have the list of territorially competent notaries predefined according to the location of the land.
The notary public addressed by the submitter shall confirm that the terms and conditions for verification are met, prepare a notary act and attach thereof in the system, upon which the respective body and the submitter will be able to sign the notary act within 30 days as of submitting the contract at the notary public.
In case when the notary act is not signed solely by the most advantageous bidder within the planned period, the system should restrict such possibility for the most advantageous bidder, submit the case to the official in order to prepare statement for unilateral contract termination and attach such statement in the system and submit thereof to the most advantageous bidder and the notary public.
In case when the body, the submitter and the notary public sign the notary act within the foreseen deadline, the case shall have the status VERIFIED and the notary public shall prepare calculation and submit thereof to the submitter via the system, and the submitter shall be able to submit proof for effectuated payment.
The notary public shall confirm the registration of the rights in the cadastre in the system, upon which the case shall have the status CASE CLOSED.
D. MODULE – ELECTRONIC MANAGEMENT OF PROCEDURES FOR DIRECT AGREEMENT, EASEMENT, PERMANENT USE AND ASSIGNMENT OF THE RIGHT TO OWNERSHIP
This module presents electronic submission of request to the competent body as follows:
1. Request for sale of construction land owned by the Republic of Macedonia with direct agreement for the need of the religious communities for construction of religious facilities foreseen with the urban development plans.
2. Request for sale of construction land owned by Republic of Macedonia with direct agreement for the need of the diplomatic and consular offices for constructions of diplomatic and consular facilities.
3. Request for sale of construction land owned by Republic of Macedonia with direct agreement for forming the construction parcel foreseen with the urban plan if the person owns more than 30 % of the construction parcel and if no construction of facilities of public interest is foreseen with the plan of such parcel stipulated by Law.
4. Request for sale of construction land owned by Republic of Macedonia with direct agreement of the owners of facilities or special parts of the facilities, built with construction-technical documentation and recorded in the public ledger of real estate that do not possess an act on the assignment of the right to use construction land.
5. Request for sale of construction land owned by the Republic of Macedonia with direct agreement of the owners of facilities or special parts of facilities, for which a decision was adopted pursuant to the Law on determining the status of illegally built facilities, on the basis of which they were recorded in the public ledger of real estate.
6. Request for sale of construction land owned by the Republic of Macedonia with direct agreement based on the ownership of facilities and special parts of the facilities recorded in the public ledger for registering the rights to real estate with the justified right to long-term lease and paid lease fee and other fees arising from the contract on long-term lease for the current year.
7. Request for lease of construction land owned by the Republic of Macedonia with the purpose for construction of facilities of public interest stipulated by law.
8. Request for right to short-term lease of construction land owned by the Republic of Macedonia intended for beaches in front of the constructed catering facility, as well as the land for organization of the construction site.
9. Request for the right to permanent use of the construction land owned by the Republic of Macedonia.
10. Request for assignment of the right to ownership of construction land owned by the Republic of Macedonia.
11. Request for establishing the right to actual easement of construction land owned by the Republic of Macedonia.
Each of the aforementioned requests should be predefined in a special electronic form with the specified mandatory and optional accompanying documentation.
Upon the selection of the request type by each registered user, the information system must specify the necessary data and the accompanying documentation which should be attached in electronic form by the submitter and shall enable appropriate attachment thereof.
If the request does not contain all necessary data and the documentation defined with the electronic form, the system shall automatically restrict the submission until the request is attached in complete form. The overall documentation shall be attached strictly in PDF format.
The request with the overall accompanying documentation should be signed automatically with digital certificate – electronic signature in the information system, whereas each document should be separately signed with one click on the button SIGN AND SUBMIT.
NECESSARY DOCUMENTATION FOR THE REQUESTS
AND ACTING UPON THE RECEIVED REQUEST BY THE COMPETENT BODY
(separately for each procedure)
Upon the acceptance of the request via the information system, it shall be registered in electronic register/log book. The registered request shall be forwarded to the Head, and upon the insight in …
DIRECT AGREEMENT
I.1 Request for sale of construction land owned by the Republic of Macedonia for the needs of the religious communities and construction of religious facilities foreseen with the urban development plan or the urban planning documentation, upon previously obtained consent by the Commission for relations with religious communities and religious groups
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months;
— Consent for construction of religious facility on the respective construction land by the Commission for relations with religious communities and religious groups; and
— Proof of registration of the religious community pursuant to the law.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.2. Request for sale of construction land owned by Republic of Macedonia for the needs of the diplomatic and consular offices for construction of diplomatic and consular facilities
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months;
— Opinion from the Ministry of Interior.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
*this request can be submitted solely to the Ministry of Transport and Communications
I.3. Request for sale of construction land owned by the Republic of Macedonia for forming of construction parcel foreseen with the urban development plan or urban planning documentation if the person owns more than 30 % of the construction parcel
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed which at the day of submission is not older than 30 days, with recorded right to ownership of submitter of the request, for the construction land which is beyond 30 % of the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months;
— Property Deed for the facility if the construction land is built construction land, which until the day of submission is not older than 30 days; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.4. Request for sale of construction land owned by Republic of Macedonia to the owners of facilities or special parts of the facilities, built with construction-technical documentation and recorded in the public ledger for registering the rights to real estate, who do not possess an act for assignment of the right to use construction land of real estate.
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed which until the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.5 Request for sale of construction land owned by the Republic of Macedonia by owners of facilities or special parts of facilities registered in the public ledger for recording rights to the real estate, of construction land for which they have established the right to long-term lease, if the facilities have been built in accordance with the urban development plan or the urban planning documentation and if they have paid the lease for the current year and other levies arising from the long-term lease contract
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Contract on establishing the right to long-term lease;
— Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed which at the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which at the day of submission is not older than 30 days, where the established right to long-term lease has been recorded;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months;
— Proof of paid lease until the time of submission of the request; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.6 Request for sale of construction land owned by the Republic of Macedonia by owners of facilities or special parts of facilities for facilities for which a decision has been made pursuant to the law for determining the legal status of illegally constructed facilities based on which they have been registered in the public ledger of real estate
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Decision on determining the legal status of illegally constructed facility;
— Extract from the urban development plan or urban planning documentation, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel or a geodetic survey report for forming a special cadastre parcel for the construction land under the building/facility/part of facility, and the building/facility/part of facility has acquired the legal status in procedure in accordance with the Law on handling illegally constructed facilities,
— Property Deed which until the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.6 Request for giving under long-term lease of construction land owned by the Republic of Macedonia for construction of facilities of public interest stipulated by law
In the Request it should be possible to enter the following data:
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with defined construction parcel, i.e. infrastructure project with the determined area for construction, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel, i.e. the area for construction determined with the infrastructure project;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.7 Request for giving under long-term lease of construction land owned by the Republic of Macedonia intended for construction of facilities planned with projects or work program of state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia or the Assembly of the Republic of Macedonia
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation with defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof that the construction of the facilities has been planned with projects or work program of state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia or the Assembly of the Republic of Macedonia; and
— Proof of registration of the submitter of the request.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.8 Request for giving under short-term lease of construction land owned by the Republic of Macedonia planned for beaches in front of constructed catering facility, as well as the land for organizing the construction site
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan or urban planning documentation;
— Urban development technical documentation for arranging the beach, i.e. a project for preparatory works for organizing the construction site, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data prepared based on the urban development – technical documentation, i.e. project for preparatory works;
— Property Deed with registered right to ownership of the catering facility in front of a beach, which at the day of submission is not older than 30 days, i.e. extract from the an urban planning documentation and proof of the right to build a facility for which the construction site is organized, which until the day of submission is not older than 6 months;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.9 Request for granting the right to permanent use of construction land owned by the Republic of Macedonia to the municipalities, municipalities in the City of Skopje and the City of Skopje, state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia, the Assembly of the Republic of Macedonia or the municipalities, municipalities in the City of Skopje and the City of Skopje.
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan, urban planning documentation or infrastructure project with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration of the submitter of the request.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.10 Request for assignment of the right to ownership of construction land owned by the Republic of Macedonia intended for construction of facilities planned with projects or work program of public enterprises and joint-stock companies established by the Government of the Republic of Macedonia and the Assembly of the Republic of Macedonia
- Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Extract from the urban development plan, urban planning documentation or infrastructure project with the defined construction parcel, which until the day of submission is not older than 6 months;
— Geodetic survey report with numeric data and with the list of data for forming the construction parcel;
— Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration of the submitter of the request.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
I.11 Application for establishing the right of easement
- Data on the submitter of the request (Name and Surname/Title of the legal entity, address of residence/headquarters, contact telephone number, e-mail address);
- Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel);
- Enclosing the required documentation:
— Proof of the right to build a facility of public interest as defined by law or proof of ownership of a facility of public interest;
— Extract from the urban development plan, urban planning documentation or infrastructure project design of line connections under the Law on Spatial and Urban Planning, which to the date of application is not older than 6 months;
— Geodetic Survey on numeric data completed in accordance with the urban development plan, urban planning documentation or the infrastructure project designs;
— Property Deed for the construction land owned by the Republic of Macedonia, which to the date of application is not older than 30 days;
— Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and
— Proof of registration, if the request submitter is a legal entity or a photocopy of the identity card or passport if the request submitter is a natural person.
*the request cannot be submitted unless all documents have been attached
*there should be an option “other evidence” which should not be mandatory
II. DIRECT AGREEMENT PROCEDURE
- The Applicant (natural person, legal entity, state authorities/bodies, public enterprises and other entities established by the Government or the Assembly/Parliament of the Republic of Macedonia) submits the application to the Municipality/MTV,
- The Municipality/MTV shall notify the Applicant, within 15 days, to amend the application (if the application is found deficient),
- If the Applicant fails to complete the Application within 15 days, the Municipality/MTV shall take a Decision on rejecting the Application,
- Upon a complete application submitted, within 60 days the Municipality/MTV shall attach the minutes from the inspection performed on-site,
o If found physical limitations as per the minutes from the performed on-site inspection, the Municipality/MTV shall send the Applicant a request,
— A Conclusion for termination or Decision on rejecting the application.
- After attaching the minutes from the on-site inspection, if no obstacles present, the Municipality/MTV shall submit a request to DP, within 15 days, for its opinion to the draft-decision and the draft contract.
- The DP's opinion to be submitted to the Municipality/MTV within 30 days,
- After а positive opinion supplied, the Municipality/MTV will deliver the resolution to the Applicant, with a validity period of 15 days, with option to attach a notice that the applicant waives the right to appeal,
- After the payment within 5 days, the Municipality/MTV will submit an Agreement to the Applicant,
- The Applicant shall send the signed contract within 1 (one) day to the Municipality/MTV
*Notwithstanding, the procedures of Section I.6 and I.7, before a request for an opinion on the draft decision and draft contract to DP, the Municipality/MTV shall obtain the consent of the Government of the Republic of Macedonia.
GUIDELINES FOR THE PROCEEDINGS FROM ITEM 1 TO 8
For all the above requirements the process begins with receipt of the request by the Registrar who, after treatment in the information system (given the appropriate registration or reference number in the electronic archive), refers the matter to the head of the department. After inspection of the request received, the head will be able to allocate the subject of process to the head of department, or the individual officer within the authority/body. The official shall note the administrative proceeding in the information system, and generate a corresponding act or prepare documents to be filed for checking by the immediate superior (depending on the selected roles within each authority). The direct manager can conclude the actions of the officer, amend, or return the case for retrial to the officer including his remarks. This phase is necessary in order to ensure repetition as many times as circumstances require. In cases where the immediate manager will agree with administrative actions of officers, the case is forwarded to the Ministry/the Mayor for final signature through the information system and sending it to the applicant.
Proceedings of items 1 to 8, which find the application is complete, the information system is required to enable the competent authority to submit a draft act and draft agreement for opinion to the State Attorney's Office, which is to deliver its opinion within 30 days through the information system (positive or negative). The system should enable the State Attorney's Office full access to the documentation of the case for that opinion. If the authority fails to deliver an opinion through the system, within the prescribed period, the opinion shall be deemed positive.
The opinion will reach the Registrar, who will record it and submit it to the clerk.
If the opinion of the State Ombudsman Office of the Republic of Macedonia is negative, or remarks listed that need to be removed, the system is required to give the employee an option to attach additional documentation and a new text of the draft decision and draft contract and the same again to re-submit for opinion of the State Attorney's Office, after which the State Ombudsman Office again shall deliver its opinion to the Commission.
If after the procedure, the opinion of the State Attorney remained negative and the terms for decision-making and signing of the contract are not fulfilled, the officer shall prepare and submit to the Applicant via the electronic system, a decision rejecting the application for sale/lease of the construction land.
The procedure continues with the option for filing a complaint to the procedure described below in this chapter.
If the opinion is positive, the officer may confirm the draft decision, and the relevant authority shall prepare a Resolution, which shall be submitted to the applicant via the system. With delivery of the resolution, the applicant has the right to appeal within 15 days upon receipt of

Рокот за прием на понудите беше 2015-04-02. Набавката беше објавена на 2015-03-16.

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• • LIREKS DOOEL — Skopje

• • Ministry of Transport and Comunication — Macedonia

• • Софтверски пакети и информациски системи

• • Северна Македонија