Internal rules in the management of state-owned real estate and movables being provided to the RIA

APPROVED BY: SIGNATURE AND ROUND SEAL

CHAIRMAN OF THE MANAGEMENT BOARD

OF THE ROAD INFRASTRUCTURE AGENCY

INTERNAL RULES

in the management of state-owned real estate and movables being provided to the Road Infrastructure Agency

Chapter 1: General Provisions Section I General

Section II Types of state-owned real estate and movables

Chapter 2: Acquisition, disposition and rental of state-owned real estate

Section I Acquisition/providing/of state-owned property

Section II Disposal private state property

Section III Disposal of departmental housing, studios, garages

Section IV Rental of public and private state-owned properties or parts thereof

Section V Procedure for renting out public and private state-owned real estate or parts thereof by secret and open bidding auction

Section VI Providing maintenance support points under special use regime

Section VII Rental of departmental dwellings, studios, garages

Section VIII Control over the implementation of the concluded contracts

Chapter 3: Disposal transactions and rental of private state movable property

Section I Disposal transactions with private state movable property

Section II Procedure for sale of movables by secret and open bidding auction

Section III Procedure for sale of fruits obtained by picking trees from national roads    located along the national roads managed by the Road Agency infrastructure
Section V Procedure for renting private state movable property by secret and open bidding auction
Section IV Rental of private state movables property  Section VI Rental of movables - machinery and machines designed to eliminate emergencies in order to ensure traffic safety on the national road network

Chapter 4: Responsibility for entering new and updating existing GIS data in the Administrative Services, Human Resources and Property Management Directorate

Chapter 5: Transitional provisions

CHAPTER ONE
GENERAL PROVISIONS

Section I General

Art. 1. (1) These internal rules regulate the organization of work in the Road Infrastructure Agency (RIA) in the management of state-owned real estate and movables, provided to the Agency, in connection with the acquisition, disposition and rental of public and private state-owned real estate and state-owned movables.
 

2. These internal rules do not apply to the lands (properties) falling within the scope of the road and the service areas for which the restrictions under Art. 26 of the Roads Act, with the exception of the support points.
    

Art. 2. (1) "Administrative Services, Human Resources and Property Management" Directorate (ASHRPM) in RIA is responsible for the management of state-owned real estate provided to the Agency, except for land (property) falling within the scope of the road and service areas for which the restrictions under Art. 26 of the Roads Act are applied.
 

2. The state-owned real estate and movables, provided to RIA, are to be managed in accordance with their purpose for the needs for which they are provided, with the care of a good owner.
3. The management of the state-owned real estate, provided to RIA, is carried out in accordance with the State Property Act / STA /, the Regulations for Implementing the State Property Act / RISPA /, the Property Act / PA /, the Roads Act / RA /, Regulations for implementation of the Roads Act / RITA /, the Obligations and Contracts Act / OCA /, RIA's Regulations for the structure, activity and organization of work, Ordinance № 7 of 14 November 1997 on the sale of private state-owned movables and other normative documents applicable to these rules.
   Section II Types of state-owned real estate and movables
    

According to their functional purpose, the state-owned real estate are being:Section II Types of state-owned real estate and movables

Art. 3. According to their functional purpose, the state-owned real estate are being:

1. real estate intended for the implementation of the administrative and economic activity of the Agency and the specialized units;
2. real estate provided for use by the Agency and the specialized units for carrying out activities related to the maintenance of the national roads, representing outposts, cantons, undeveloped yards in regulation and out of regulation, etc.
    

Art. 4. According to their functional purpose,  private state-owned movables are being:

1. movables related to the of the agency functions performance  - cars, construction machines, machinery, individual components and details thereof, etc .;
2. items representing materials acquired when clearing construction sites;
3. items representing fruits obtained by picking from roadside alley trees;
4. discarded items unfit for their intended use.

CHAPTER TWO

ACQUISITION, DISPOSAL AND RENTAL OF STATE-OWNED REAL ESTATE

Section I Acquisition/ providing/ of state-owned real estate

Art. 5. (1) The provision of public state-owned real estate, provided for the RIA functions performance may be carried out only on a decision of the Council of Ministers.
 

2. The reasoned request for providing public state-owned real estate is to be prepared by the Property Management (PM) Department at the ASHRPM Directorate after an Agency's MB decision is taken related to the need of such property for the department.
    
3. The delivery and acceptance of the provided property is carried out by the specialized unit, relevant to the property's location through a protocol under the pattern approved by the Minister of Regional Development and Public Works as the time limit for delivery and accepting the property is to be determined in the Councils of Ministers' decision.
    
4. A copy of the Council of Ministers' decision for providing public state-owned real estate shall be sent to the Agency and to the district governor, relevant to the location of the property for entering the new circumstances in the act of state property.
5. After entering the new circumstances under para. 4, the district governor, relevant to the location of the property shall send a certified copy of the state property deed to the Agency. The "Administrative Services, Human Resources and Property Management" Directorate further enters the property in the main and auxiliary register of the Agency, respectively in the registers of the respective specialized unit at the location of the property and the resulting obligation of the specialized unit to enter the property in its balance sheet.
    
6. The specialized unit at the location of the property shall take also actions under para. 5, on its declaration, after receiving the necessary documents from the Agency.
    

Art. 6. (1) The provision of private state-owned real estate to be managed by the department with the purpose to perform its functions, shall be carried out by order of the district governor, on the basis of which a contract shall be concluded, regulating the rights and obligations of both parties.

2. Based on the contract under para. 1, the district governor at the location of the property shall enter the new circumstances in the deed for the state property.
    
3. Based on the documents under para. 1 and 2 provided to the Agency, the "Administrative Services, Human Resources and Property Management" Directorate or the specialized unit on whose territory the property is located, shall take further action to accept the property and to enter it in the main and auxiliary register of the agency, respectively also in the registers of the respective specialized unit at the location of the property.
    
4. The Budget, Finance and Project Payments Directorate, respectively the specialized unit at the location of the property, shall take actions under para. 3, on entering the property in the balance of the same, on declaring it, etc., after receiving the necessary documents.

Art. 7. When necessary to draw up a new deed on state property, actions shall be taken by the director of the specialized unit, according to the power of attorney granted to him by the Agency MB Chairman, on the grounds of art. 29. para. 1 of the Regulations for implementation of the Roads Act.

Art. 8. (1) State-owned public real estate, which has ceased to have this quality, shall be declared as state-owned private real estate, by a decision of the Council of Ministers.
 

2. State-owned private real estate is declared State-owned public real estate, by a decision of the Council of Ministers.

Art. 9. (1) The decision of the Council of Ministers under Art. 8 shall be entered in the state property deed after its receipt in the Agency or the district administration.

2. After entering the new circumstances under para 1, the district governor at the location of the property shall send a certified copy of the state property deed to RIA.
    The Administrative Services, Human Resources and Property Management Directorate takes follow-up actions for entering the property in the main and auxiliary register of the Agency.
    The property shall be also entered in the registers of the respective specialized unit at its location. The ASHRPM Directorate or the respective specialized unit shall take action to declare the same.

Art. 10. (1) Public state-owned property may not be subject to disposition and may be acquired by prescription.

2. The public state-owned property is not subject to restoration.
    
3. Private state-owned property can be subject to disposition and acquired by prescription.

Art.11. (1) When the need of a public state-owned real estate disappears, the right of management shall be revoked by a decision of the Council of Ministers upon a proposal of the Minister of Regional Development and Public Works after an opinion by RIA's MB Chairman in implementation of a decision taken by RIA's MB.

2. When the need of a private state-owned real estate disappears, the right to manage is revoked by order of the district governor after an opinion of RIA's MB Chairman, pursuant to a decision taken by the RIA's MB.

Art.12. (1) The documents under art. 11 (decision of the Council of Ministers or order of the district governor) shall be submitted to the Agency by the Council of Ministers or respectively by the district governor at the location of the property. The ASHRPM Directorate takes follow-up actions to reflect the new circumstance for the property in the main and auxiliary register of the Agency, respectively in the registers of the respective specialized unit at the location of the property.

2. The specialized unit at the location of the property shall take actions under para.

1 and on writing off the property from the balance of the same and on declaring the new circumstance, after receiving the necessary instructions and documents from the Agency

Section II. Disposing of private state-owned property
 

Art.13. (1) Selling private state-owned properties, which tax assessment is up to BGN 10,000 shall be carried out by the district governor at the location of the property under the conditions and by the order determined in the State Property Act and the Regulations for Implementing the State Property Act.

2. Selling private state-owned properties, which tax assessment exceeds BGN 10,000 is carried out by the Agency for Public Enterprises and Control under the Privatization and Post-Privatization Control Act.
3. Replacement of private state-owned properties or the right to build on a private state-owned property, whose tax assessment is up to BGN 500,000 with property or with the right to build a natural or legal persons' property, is carried out by the district governor at the location of the state-owned property, with the consent of the Minister of Regional Development and Public Works, in accordance with Art. 61, para. 1 of the Regulations for Implementing the State Property Act.
4. Replacement of private state-owned properties or the right to build on a private state-owned property, whose tax assessment exceeds BGN 500,000 with property or with the right to build a natural or legal persons' property, is carried out by a

Council of Minister's decision on the proposal of the Minister of Regional Development and Public Works, in accordance with Art. 61, para. 2 of the Regulations for Implementing the State Property Act.

5. The rules for replacement also apply when making a voluntary partition between the state and natural or legal persons in case of proven co-ownership of a specific real estate.

Art. 14. (1) The Management Board of the Agency shall adopt a decision for the execution of an event of disposal, in accordance with Art. 21 c, para. 1, item 3 of the Roads Act.

2. The decision under para. 1 shall be taken on the basis of a written proposal from the ASHRPM directorate director to the Management Board, prepared on the basis of a protocol by a commission under § I of the Additional Provisions of the present internal rules and the attached documents under para. 5.
3. The protocol under para. 2 shall reflect in an accurate and reasoned manner the opinion of the commission regarding the necessity of the respective property.
4. The opinion under para. 3 shall be prepared by the commission after studying the documents under para. 5, provided by the specialized unit managing the property, after calculations have been made, related to the organization of the Agency's functions performance on the territory of the respective road office and after an on-site inspection.
    
5. The documents, an integral part of the opinion under para. 3 and to the proposal to the Management Board of the Agency under para. 2 include:

1. reasoned report from the director of the specialized unit, managing the property, to the Chairman of the Management Board, which shows that the property does not perform the functions for which it is provided and that the organization of other properties is sufficient for effective implementation of management activities, the construction, repair and maintenance of the national roads in the respective region;
2. deed of state ownership of the property;
3. an extract from the balance sheet of the specialized unit, from which the book value of the property is visible;
4. current tax assessment of the property;
5. current sketch of the property;
6. inquiry on the condition of the property with a detailed description of the property as a whole, and the individual subsites in it, years and types of repairs, and other data characterizing the property;
7. financial justification;
8. property's photographic material;
9. other documents attached at the request of the commission under § 1 of the Additional Provisions of these internal rules, in connection with para. 4.

Art.15. The event of disposal under Art. 14 shall be carried out by the district governor at the location of the property in accordance with the State Property Act and the Regulations for Implementing the State Property Act, in the presence of the Agency's opinion, signed by RIA's MB Chairman, prepared on the basis of a decision adopted by the Management Board of the Agency under Art. 14, para. 1.

Section III. Disposing departmental housing, studios and garages
 

Art. 16. (1) Selling departmental dwellings, studios and garages representing private state-owned property shall be carried out to answer the housing needs of the tenants accommodated therein, who meet the following conditions:

1. to be a civil servant or an employee of the Agency and have at least three years of experience in the Agency as of the date of the purchase application;

2. do not own another dwelling and villa suitable for permanent residence, or more than 1/2 ideal parts of such property;
3. have not transferred a dwelling or villa suitable for permanent residence to persons other than the state or the municipality and in cases of termination of co-ownership;
4. do not have securities, shareholding in companies, properties or parts of commercial properties, motor vehicles, agricultural machinery of a total value greater than the tax assessment of the private state-owned property for which they apply to purchase.

2. The members of the tenant's family must also meet the conditions under para. 1, items 2, 3, and 4.
3. In the presence of property under para. 1, item 3, the value of the owned property shall be determined based on market prices by an independent appraiser, determined by RIA's MB Chairman.

Art. 17. (1) The sale of departmental dwellings, studios and garages provided to the Agency shall be carried out in accordance with the provisions of Chapter IV of the State Property Act and Section I of Chapter VI of the Regulations on Implementing the State Property Act.

(2) The decision under para.1 shall be taken by the Management Board of the Agency, after the presentation of a reasoned report by the director of the specialized unit, and for properties managed by the CA of RIA, by the ASHRPM directorate director, coordinated with the Secretary General of RIA.

Section IV Rental of public and private state-owned properties or parts thereof

Art. 18. By RIA's MB decision, public state-owned properties or parts thereof, which are provided to it to be managed, may be leased, on the grounds of Art. 16, para. 2 of the State Property Act, as well as private state-owned properties or parts thereof, on the grounds of Art. 19 of the same.

Art. 19. (1) Properties under Art. 3, item 1 may be rented out by auction, on the grounds of art. 16, para. 2 of the State Property Act and at an initial rental price not lower than that determined by the requirements of Chapter Four of the Regulations on Implementing the State Property Act.

2. Premises belonging to properties under Art. 3, item 1, which are intended for health, educational and humanitarian activities and serve to answer the respective social needs of the population or the employees of the respective specialized unit managing the property (departmental bar, etc.), may be rented by auction on the grounds of art. 16, para. 2 of the State Property Act, under the conditions of Art. 24, para. 1 of the Roads Act and on the basis of an assessment performed by an independent appraiser, according to Art. 40, para. 1 of the Regulations on Implementing the State Property Act.
    
3. Properties or parts thereof under Art. 3, item 2, except under the conditions of Art. 18 of the present rules, may be provided for use by employees of the respective specialized units under a special regime, on the grounds of art. 24, para. 2 of the Roads Act.

Section V Procedure for renting out public and private state-owned real estate or parts thereof by secret and open bidding auction

Art. 20. (1) The properties or the parts thereof under Art. 3, item 1 and under Art. 3, item 2 shall be leased according to their purpose by a decision of the Agency's Management Board, through a tender with secret or open bidding, upon a written proposal by the ASHRPM directorate director.

(2) The proposal under para 1 shall be prepared on the basis of a report - reasoned request by the director of the specialized unit and after preliminary control under Art. 21 of the present rules by the “Property management” department at the ASHRPM directorate. For properties or parts thereof, managed by the central administration - on the basis of a report on renting, prepared by the ASHRPM directorate.

3. The initial rental price when conducting tenders for renting properties and parts thereof is determined as follows:

• for the departmental dwellings, according to Art. 33, Art. 34 and Art. 35 of the Regulations on Implementing the State Property Act(RISPA);
• for garages, according to Art. 33 and Art. 38 of the RISPA;
• for the studios, according to Art. 33 and Art. 37 of the RISPA;
• for parking lots, according to Art. 39 of RISPA;
• for premises intended for health, educational and humanitarian activities for answering the respective social needs of the population or of non-profit legal entities, determined for carrying out public benefit activity, according to art. 40 of the RISPA on the basis of an assessment performed by an independent appraiser;
• for properties for administrative, production and economic needs, according to art. 41, para. 1 of the RISPA on the basis of an assessment performed by an independent appraiser.

4. In the reports under para. 2 the following data shall be indicated:

1. name and location of the property, description of the building of the property, which is proposed to be rented in whole or in part and other data about the same, including: category and area of ​​the settlement of property's location; construction; number of storeys; method of heating, the presence of an elevator and other public works equipment; availability of security; condition of the building as a whole, etc.;
2. a description of each of the premises offered for rent, including floor number, exposure, area, condition of the premises, availability of furniture and inventory of the same (if any), etc.;
3. purpose of the property or the part thereof;

4 the determined initial rental price, in compliance with the requirements of Chapter Four of RISPA;

5. type of auction - of secret or open bidding;
6. term for rent, which may not exceed 10 years;
    
7. special requirements to the participants, when this is required by the purpose of the auction's subject.

5. The following shall be applied under para. 3:

1. a deed of state ownership for the property offered for rent or, if there is no such, another document, proving that the property has been provided to be managed by the Agency, shall be submitted;
2. the initial rental price and inventory of the furniture (if any) determined in accordance with the requirements of Chapter Four of the Regulations on Implementing the State Property Act, adopted through a protocol by the commission under § 1 of the Additional Provisions to these internal rules.
3. draft tender documentation on paper, including:

• front page with the subject of the auction and content marked on it, together with an inventory of the attached documents;
• draft Order of RIA's MB Chairman  - Annex №1, (to be coordinated)
• draft announcement for conducting the tender - Annex №2;
• draft conditions for conducting the tender - Annex №3;
• draft of the application form for participation - Annex №4;
• draft declaration sample - Annex №5;
• draft offer sample (offered price) - Annex№6;
• draft declaration sample - view - Annex №7;
• draft rental contract - Annex №8.

6. The data and documents under para. 4 and 5 should take into account the type of tender being offered.

Art. 21. (1) The documents under art. 20, para. 5 of the current rules for renting out properties managed by the respective specialized units shall be sent for preliminary control to the Property Management Department at ASHRPM Directorate by e-mail: naemi_targove@api.bg

2. Upon performing the preliminary control by the Property Management Department, in the presence of notes, the documents are to be returned to the compiler for their removal within 3 (three) working days. If the comments are not removed within the specified period, the file shall not be considered.
3. After performing the preliminary control under para. 2, the order for opening the tender and approval of the tender documentation shall be coordinated by the ASHRPM Directorate and the Public Procurement and Legal Services Directorate and RIA's Secretary General.

(3) The proposal by the ASHRPM directorate director and the tender documentation shall be entered in the office of the Agency.

Art. 22. (1) The announcement of the approved tender documentation shall be published in two national dailies, as well as on the website of the Road Infrastructure Agency at least 30 days before the deadline for submitting applications for participation in the procedure for renting the property or parts thereof, and in subsequent tenders - at least 15 days before the deadline for submitting participation applications.

(2) Bidding conditions shall be announced at prominent places in the administrative buildings of the CA of RIA and the respective District Road Offices (DRO) within 3 days under Art. 44, para 2 of the Regulations on Implementing the State Property Act.

Art. 23. (1) On the basis of a decision taken by the Management Board for renting a property or a part thereof, RIA's MB Chairman  shall issue an order for conducting a rental tender, which shall contain:
 description of the property or the parts thereof, including its location, description of the individual premises with their areas separately and in total; initial rental price; the purpose of the premises; date, place and time of the auction; rental period, other specific conditions.
 

2. The tender documentation, the conditions for inspection of the site, the composition of the commission for conducting the tender and the deadline for acceptance of the applications for participation shall be approved through the order under para.1.
3. The procedure under para. 1 shall be conducted by the commission determined by the order for conducting the auction by RIA's MB Chairman.
4. The Commission, appointed by the order of RIA's MB Chairman, prepares a protocol, which is signed by all its members, reflecting the circumstances related to the tender and its results, including the consideration, evaluation and ranking of bids, the entry numbers of the applications for participation of the candidates, their names or titles, the paid deposit document, the other circumstances of the regularity of the submitted documents and the offered prices.
   
    The price proposals shall be signed by at least three members of the commission.

Art. 24. (1)  An open bidding auction may be held only in case two candidates have appeared or two applications for participation have been submitted.

2. When only one of the bidders appears at the auction, the auction is postponed by two hours and if after this period no other appears, the candidate is declared the winner at the price offered by him, which may not be lower than the initial auction price.
3. When no candidate appears at the auction, it shall be declared unsuccessful and shall be held again on the second date, indicated in the announcement under Art. 26, para. 1.
4. When only one candidate appears on the auction, held repeatedly in the case under para. 3, he is to be declared the winner at the price offered by him, which cannot be lower than the initial auction price.

Art. 25. A secret bidding auction may be held if at least one candidate has submitted an application for participation that meets the regulatory and tender conditions for conducting the auction. The secret bidding auction is to be conducted according to art. 51 - art. 54 of the Regulations on Implementing the State Property Act.

Art. 26. In the event of circumstances that make it impossible to open or close the tender, the commission shall draw up a protocol on the basis of which it is proposed to the Management Board of the Agency to decide to hold a new tender or terminate the procedure.

Art. 27. (1) On the day and time determined for holding the auction, the chairman of the commission shall check the presence of its members and shall announce the procedure's opening.

2. The persons authorized by the candidates, who have submitted applications for participation, appear and identify themselves before the tender commission by presenting an identity document and a document identifying the representative authority.
3. If any candidate's representative doesn't appear on the day and time set for the auction, the commission shall remove him from participation, and the deposit paid by him shall be withheld.

Art. 28. (1) The auction with secret or open bidding for renting state-owned properties or parts thereof shall be carried out in compliance with the provisions of Chapter Five of the Regulations on Implementing the State Property Act.

(2) In the approved tender documentation, the procedure for conducting the tender procedure shall be written in detail.

Art. 29. (1) Based on the results of the auction within 7 days from the date of the order of RIA's MB Chairman, the tenant, rental price, rental period, purpose and special requirements to the tenant shall be determined, if any.

2. The order is to be announced at a designated place in the administrative building of the owner of the property subject to the auction. The order for determining the tenant may be appealed under the Administrative Procedure Code.

Art. 30. (1) By the order under art. 29, para.1  the deposits of the participants, who have not won the auction shall be released, by withholding the deposits of the winner of the auction and the ranked second until the conclusion of the lease agreement.

2. The deposits of the unclassified participants shall be released within 5 days from the date of the order under Art. 29, para. 1 by a report of the of tender commission chairman.
3. The deposit of a participant who has been determined to have won the tender but refuses to enter into a contract will not be refunded.

Art. 31. (1) RIA's MB Chairman shall conclude a lease agreement on the subject of the auction, described in detail in the application of the winning bidder, within 14 days from the entry into force of the order for determining the tenant.

2. In case the contract is not concluded due to the fault of the winning bidder, RIA's MB Chairman may, by a new order, determine the next ranked candidate as the winning bidder.
3. Within 14 days from the conclusion of the lease agreement, the lessee submits a performance guarantee in the amount of two monthly leases.
4. The guarantee is to be released by the lessor after deduction of any culpable damages caused by the tenant within three months after the termination of the contract.

Art. 32. (1) The property, subject of the auction, shall be served to the participant determined as a tenant under the conditions, indicated in the concluded rental contract.

2. In case of non-fulfillment of an obligation under Art. 31 para. 3 more than 14 (fourteen) days, the rental contract may be terminated unilaterally by written notice, starting from the date following the specified fourteen days, and the participation deposit is not refundable.
3. In the case under para. 2, RIA's MB Chairman determines the next ranked candidate as the tender's winner, by a new order.

Art. 33. (1) The rental contract shall obligatorily include clauses, which correspond to additional requirements of the lessor and are included in the tender papers.

(2) After signing the rental contract, copies thereof together with the minutes of the tenant selection commission, the order of the RIA's MB Chairman to determine the tenant and the acceptance and delivery protocol of the leased premises shall be submitted to the "Property Management” Department, and the original of the contract with the annexes to it, together with the acceptance and delivery protocol, shall be sent for storage to a commission appointed by an order of the RIA's MB Chairman.

Art. 34. (1) RIA's MB Chairman, respectively the director of the respective specialized unit, within three days from the conclusion of the contract, shall determine by an order an employee who will exercise control over its implementation.

Art. 35. (1) In case of a valid rental contract on private state-owned properties or parts thereof, concluded for a period of up to 5 /five/ years, it is possible to extend the same for a period of up to 10 /ten/ years, in accordance with a tender procedure, by an additional agreement signed by RIA's MB Chairman, provided that the possibility of extending the lease term is provided in the tender documents, as well as in the draft contract and the tenant has no previous obligations to the Agency arising from the current rental contract.

2. When renting out properties or parts thereof under Art. 3, item 2 of the legal entities which are parties in contracts for maintenance (preventive, current, winter and repair-restoration works in case of emergency) of the national roads on the territory of the respective district road office, valid at the time of signing the rental contract, the term of the contract should be consistent with the term of the maintenance contract.
3. For the signing of an agreement under Art. 35, para. 1, a reasoned request shall be made by the director of the specialized unit to the Agency's MB, with attached copy of the main contract, state ownership deed for the property, updated estimate of the rental price, protocol establishing the correct fulfillment of the lease obligations by tenant's side.
    The request is to be sent by e-mail at: naemi_targove@api.bg for preliminary control by the Property Management Department, ASHRPM Directorate.
4. After the preliminary control, the reasoned request is to be entered in the office of the Agency.
5. Upon a positive decision by the Agency's Management Board, the additional agreement to the rental contract for the extension to a total of 10 /ten/ years is concluded under the conditions of para.1, fixing the deadline for the contract and the amount of the updated rental price, if it is higher than the rental price under the contract.
6. After signing the additional agreement, a copy thereof is to be submitted to the Property Management Department, and the original with the acceptance and delivery protocol is to be sent for storage to a commission appointed by order of RIA's MB Chairman.

Section VI Provision of support points, cantons, etc., for use under a special regime.

Art. 36. Premises and lands within the boundaries of the support points and cantons under Art. 3, item 2, may be provided for use under a special regime by employees of the specialized units under the conditions of Art. 24, para. 2 of the Roads Act (RA) and by order, determined in Art. 30 of the Regulations on Implementing the Roads Act, upon a decision of the Management Board of the Agency.

Art. 37. (1) The director of the respective specialized unit managing the property shall present a report, previously coordinated with the “Property Management” department to the Management Board of the Agency.

(2) The report under para.1, completed with the entire file shall be filed in advance in the office of the Agency.

Art. 38. (1) Following data shall be indicated in the report under Art. 37, para.1:

1. name and location of the property, description of the individual parts of the property (land and buildings), description of each of the premises, etc., which are offered to be used by employees of the respective specialized unit,
    
2. data on the existing labor relations/official or concluded civil contract with the employees wishing to use the property under the cited conditions;
3. term of use;
4. special requirements (if any) to be met by applicants under

item. 2.

2. The following shall be applied to the report under para.1:

1. a deed of state ownership for the property or, if there is no such, another document proving that the property has been provided for management to the Agency shall be submitted;
2. a request from the employee who wishes to be provided with premises and land within the boundaries of the specific property;
3. a copy of the employment contract, appointment order, or civil contract of the employee with the respective specialized unit at the location of the property, including the job description of the employee;
4. draft contract for the use of the respective premises and land within the property - sent to e-mail:
    naemi_targove@api.bg.

Art. 39. (1) On the basis of a decision taken under Art. 36, RIA's MB Chairman issues an order determining the employee who will temporarily and gratuitously use the property, described in detail by premises and location, according to the documents attached to the file.

2. The order under para.1 determines the term of the contract and the method for paying the costs for consumables.
3. The contract under para. 2 shall be concluded by the Chairman of the Management Board or by an official authorized by him.
4. The Road Infrastructure Agency shall send a copy of the order under para.1 to the director of the specialized unit at the location of the property.
    
5. After signing the contract under para. 2, a copy of the same with the annexes to it shall be submitted to the “Property Management” department, and the original shall be submitted, by an acceptance and delivery report, for storage, to a commission appointed by an order of the RIA's MB Chairman.

Section VII Rental of departmental housing and garages
 

Art. 40. "Departmental housing" is housing provided to the Road Infrastructure Agency to meet the housing needs of employees under employment relationships.
 

Art. 41. (1) The rented accommodation in properties, representing departmental dwellings, shall be carried out, according to art. 22 of the State Property Act by an order determined by Chapter Three of RISPA and by a decision of the Management Board, according to 24, para. 1 of the Roads Act.
 

1. Pursuant to Art. 24 of RISPA,
    RIA's MB Chairman appoints a housing commission for departmental housing managed by the central administration.
2. Pursuant to Art. 24 of RISPA, the director of the respective specialized unit appoints a housing commission, for departmental housing managed by the specialized unit.
    

Art. 42. (1) The ASHRPM Directorate Director shall submit a proposal to the RIA's MB for the adoption of a decision on renting out the vacant departmental dwellings.

2.  The report for accommodation in departmental dwellings managed by the central administration,  under para. 1, shall be prepared on the basis of a protocol of the chairman of the housing commission at the central administration.
3. The proposal for accommodation in departmental dwellings managed by the specialized units,  under para.1, shall be prepared on the basis of a reasoned request - a report by the director of the respective specialized unit, managing the property and a protocol of the housing commission at the respective specialized unit.

(3) In the proposals under para. 2 and para. 3 the data under art. 43 shall be indicated and the documents under art. 44 attached.

Art. 43. In the report under Art. 42, para. 2 and 3 a justification shall be made and the following data shall be indicated:

1. location of the property, including: address, category and area of ​​the settlement, construction, number of storeys, method of heating, availability of an elevator, availability of security, etc.;
2. description of the departmental dwelling under the state property deed, incl. the dwelling floor, description of all rooms of the dwelling, description of the attic and basement (if any), dwelling's built-up area , usable area thereof, improvements made and condition of the dwelling, predominant exposure of the dwelling's premises ( excl. service spaces), availability of auxiliary premises, etc.;
    
3. a determined rental price, according to the attached calculation, in compliance with the requirements of Chapter Four of RISPA;
4. term for rent;
5. availability of requests from employees of the road administration, respectively of the central administration, for rented accommodation in the respective departmental dwelling;
6. a certain degree of the housing needs of each of the candidates in compliance with the norms under Art. 25 of RISPA with a specification of the position held by the candidate under the employment contract and his work experience in the specialized unit;
    

Art. 44. The following shall be applied to the report under Art. 42:

1. a state ownership deed for the property, or if there is no such, another document shall be submitted, proving that the property has been provided to the Agency for management;
2. an estimate of the determined rental price, signed by the compiler and the director of the specialized unit, respectively by the compiler and the head of the Property Management Department (for departmental housing provided to the CA of RIA);
3.  protocol of the specialized unit's housing commission, respectively of the central administration's,  in which the filed applications are reflected with the documents and declarations attached to them under Art. 22, para. 2 and para. 8 of RISPA, as well as the degree of housing needs of each of the candidates for accommodation, position held and continuous work experience in the specialized unit or in the central administration;
    
4. the applications of the employees of the road administration or of the central administration for rented accommodation in the respective departmental dwelling, representing an integral part of the protocol under item 3;
5.  an official note issued by the specialized unit or by the central administration, showing the position held by the candidate and his/her work experience at the time of its issuance;
6. declaration from the applicant on his marital status;
7. declaration by the applicant on his property status;
8. project of the vacant dwellings distribution, according to the maximum norms, established in art. 25 of RISPA and with the criteria, arranged in groups in the following order:
   1. not taking residential area and using for dwellings premises, such as barracks, cellars, attics and the like;

• 2. persons living in vacant housing;
  3. families living in dwellings, owned by third parties, without a rental contract ;
  4. when arranging persons and their families in the same group, priority shall be given to:
• families with two or more children;
• young families;
• divorced or single parents of minor children;
  5. other terms being equal, preference is to be given to families or persons whose application is entered earlier.

9. draft contract for renting the dwelling.

Art. 45. (1) The Agency's MB Chairman, on the grounds of a decision under Art. 42 of the present internal rules, by letter to the director of the respective specialized unit, expresses consent for renting vacant departmental dwellings located on the territory of the respective specialized unit, according to the proposed amount of the rental price and term for rent.

2. The power of attorney by which the Chairman of the Management Board of RIA authorizes the director of the specialized unit managing the respective departmental dwelling to conduct the procedure for renting the same, subject to the requirements of Chapter Three of RISPA, relating to the said procedure, shall be applied to the letter under para.1.
3. The opinion of the Property Management Department to the attached documents, including the draft rental contract, if there are any remarks or additional requirements to them, shall be applied to the letter under para.1,.
    

Art. 46. Based on the procedure under Art. 45, including announcing the project of vacant dwellings distribution, received objections to the announced project, the list of final distribution of the cited dwellings approved by the director of the specialized unit, an order for accommodation shall be issued by the director of the specialized unit in compliance with Art. 25 of RISPA.

 

Art. 47. Based on the accommodation order under Art. 45 a written rental contract shall be concluded (according to a sample - Annex № 9.2.), which shall determine:
the procedure for delivery and acceptance of the property; the rights and obligations of the parties; the rental price; the term; liability for negligence; the maintenance and other conditions under the lease legal relationship, reflected in the preliminary attached for approval draft contract and the related opinion of the Property Management Department under Art. 45, para. 3.

 

Art. 48. After signing the contract under Art. 47, copies thereof, together with the list of final distribution of vacant dwellings managed by the road office, the order of the specialized unit director on the accommodation in them, and acceptance-delivery reports on serving the respective properties to the tenants, approved by the specialized unit director, shall be submitted to the Property Management Department, and the original of the contract with acceptance-delivery report shall be sent for storage to the Public Procurement and Legal Services Directorate in the central administration of the Agency.

 

Art. 49. The accommodation of Agency's employees in the vacant departmental housing managed by the Central Administration shall comply with the requirements of Chapter Three of RISPA in the part relating to the said procedure which is to be conducted upon a decision of the Agency on renting vacant dwellings, taken on the grounds of art. 42, para. 2 of these rules.
 

Art. 50. The Chairman of the Management Board of the Agency:

Appoints by a written order the housing commission at the central administration with determining its tasks under art. 24 of RISPA;

1.  
2. Approves the final list of vacant dwellings distribution, after reviewing the received objections to the draft distribution;
    
3. Issues an order on the vacant dwellings accommodation in compliance with the norms under Art. 25 of RISPA;
    
4. On the basis of the accommodation order under item 3 concludes a written rental contract, which specifies: the procedure for delivery and acceptance of the property; the rights and obligations of the parties; the rental price; the term; liability for negligence; maintenance and other conditions of the lease.

Art. 51. The Property Management Department keeps the entire procedure for renting a departmental dwelling managed by the central administration, including a copy of the rental contract, the original of which is handed over for storage to a commission appointed by order of RIA's MB Chairman.

 

Art. 52. The procedure for renting departmental studios and garages is analogous to the procedure for renting departmental dwellings, and when accommodating in studios the requirements of Art. 30 of the RISPA shall be observed.
 The provisions of Art. 33, Art. 37 and Art. 38 of RISPA shall be applied when determining the rental price.

Art. 53. (1) The directors of the specialized units shall annually, by March 31. of the respective year, present up-to-date inquiries of the existing departmental dwellings, including:

Total number and detailed description (according to the State Property Act) of the departmental dwellings presented to the respective specialized unit;

Information about the employee using departmental housing, including full name, position and department;

Term of contracts.

2. The director of the specialized unit is obliged, within three days from the occurrence of a circumstance leading to the termination of the rental contract on a departmental dwelling, to notify the Management Board department in the ASHRPM directorate about the changes.

Art. 54. Persons may also be accommodated in departmental dwellings in accordance with the provisions of Art. 22, para. 3 and para. 5 of RISPA under the order and the rules of art. 42 et seq. of these internal rules.

Art. 55. The term of the contract shall be determined according to the provisions of art. 22, para. 3 and para. 6 of RISPA.

Section VIII Control over the implementation of the rental contracts concluded

Art. 56 The control over the implementation of the rental contracts concluded on state-owned properties, provided for use and management to the Agency, shall be carried out by an employee appointed by an order of RIA's MB Chairman (for properties managed by CA), respectively by an order of the specialized unit director  (for properties managed by the respective specialized unit).
 

Art. 57. (1) The employee shall check whether the contract conditions are being observed with regard to using the property for its intended purpose, operation and management, as well as the exact fulfillment of the assumed contractual obligations by the tenants.
 

(2) The employee, who is assigned to control the contract, shall be responsible for:

1. The serve of the property to the tenant after concluding a rental contract, respectively for accepting the property after the conclusion of the contract by the tenant, through acceptance-delivery protocols;

2. Monthly reporting of consumables by drawing up and signing a bilateral protocol;
3. Carrying out checks on the actual condition of the properties and the manner of

their use;

4. Keeping the copies of the correspondence with the tenant provided to him.
5. Finding out the unpaid amounts (rent, consumables, penalties, etc.) under the rental contracts concluded, preparing monthly reports to the ASHRPM directorate director;
6. Returning the deposits for participation in the tender procedure, upon the rental contract termination, upon the opinion of the ASHRPM directorate (for properties to CA) or an AS department's opinion to the director of the specialized unit;

3. Upon the rental contract termination and delivering the property through an acceptance-delivery protocol by the tenant, upon an  ASHRPM directorate director's opinion (for CA of RIA) or such of the AS department's head (for properties provided to specialized units) releases the paid guarantee deposit of two monthly rents, provided that all amounts under the contract have been paid in full and there are no grounds for paying penalties.
    In case there are pending amounts, the amount due will be set off from the paid guarantee deposit.
    
4. In case of two consecutive monthly rent installments not paied, or delay in the payment of amounts due under the contract by more than two months, the employee determined by the order under Art. 56 of the present internal rules notifies the director of the specialized unit, respectively the Management Board of RIA for taking the necessary measures - termination of the contract, forced amounts collection by court, or other measures, according to the specific circumstances.
    

CHAPTER THREE
EVENTS OF DISPOSAL AND RENTING PRIVATE STATE-OWNED MOVABLE PROPERTY PROVIDED FOR MANAGEMENT TO
ROAD INFRASTRUCTURE AGENCY

Section I Events of disposal with private state-owned movables

Art. 58. (1) Private state-owned movables may be subject to disposal and may be acquired by prescription, according to art. 7, para. 3 of the State Property Act.
 

2. Private state-owned movables may be deeded free of charge to legal entities, supported by the budget, by order of RIA's MB Chairman upon a decision of the Management Board on the proposal of the ASHRPM Director, prepared on the basis of a reasoned report by the director of the specialized unit managing the property, the presence of a request from the respective legal entity on budget support and an extract from the balance sheet.
   IIn cases where the department or organization concerned is a secondary authorizing officer, the opinion of the relevant primary authorizing officer shall also apply. In cases where the department or organization concerned is a secondary authorizing officer, the opinion of the relevant primary authorizing officer shall also apply.
3. State-owned movables, at a book value exceeding BGN 10,000 shall be deeded gratuitously under para. 2 upon the consent of the Minister of Finance. The request to the Minister of Finance shall be made by the Agency's MB Chairman upon a decision of the Management Board, based on a proposal of the  ASRHPM Directorate Director, prepared in accordance with para. 2.

4. The request to the Minister of Finance is made by the Agency and contains the reasoned proposal of the interested legal entity, a list of private state-owned movables, individualized by type, quantity and their total book value.
    
5. After issuing the order under para. 2 the private state-owned movables shall be deeded by a commission on delivering and inserting the materials, which shall sign a statement of findings. The movables shall be written off the balance sheet on the basis of the Commission's protocol.

Art. 59. (1) The sale of unnecessary and unusable private state-owned movables, incl. machines, facilities, equipment, vehicles, business inventory, redundant and unusable movables and individual components and parts thereof, materials obtained when clearing construction sites, fruits gathered from roadside alley trees, etc. is to be carried out by auction with secret or open bidding, pursuant to Ordinance № 7 of 14 November 1997 on the sale of private state-owned movables or through the Commodity Exchange.

Art. 60. (1) The sale under para. 1 through the Commodity Exchange shall be carried out by a stockbroker with whom the Agency has concluded a contract for stock exchange brokerage, upon a decision of the Management Board of RIA. Based on the decision taken, the Property Management Department for RIA's CA movables, respectively the specialized unit, prepares a specification, movables described by name, type, quantity and price. The specification shall be signed by the RIA's MB Chairman and the stockbroker.

(2) A reduction of the price may be set in case the movables are not sold at the first and/or next session, in the proposal under para.1 (on selling through the Commodity Exchange).

Art.61. (1) On the grounds of Art. 24, para. 1 of the Roads Act, the Management Board of the Agency decides on the sale of movables, pursuant to Ordinance № 7 of 14 November 1997 on the sale of private state-owned movables, described by name, type, quantity, initial auction price.
 

2. Based on the decision under para. 1, the items subject to sale shall be determined by order of the Chairman of the Management Board of RIA.

Art. 62. (1) The auctions shall be organized and conducted by a commission, appointed by the order under Art. 61, para. 2 of these internal rules in the composition of 3 to 5 members, including the chairman. The composition of the commission must include a lawyer and an accountant.

(2) The members of the auction commission and the members of the commission on determining the auction price may not participate in the auctions as buyers.

Section II. Procedure for saling movables by secret or open bidding auction, according to Ordinance № 7 of 14 November 1997 on the sale of  private state-owned movables
 

Art. 63. When the book value of one item or the total value of the items does not exceed BGN 10,000, the sale is made after a secret auction, and at a value of over BGN 10,000.
 - by holding an open bidding auction.

Art. 64. (1) The decision for sale under art. 61, para. 1 shall be taken by the Management Board on the basis of a proposal received from the ASHRPM Directorate Director, prepared on the basis of a reasoned report under Art. 65, para. 1, documents under Art. 65, para. 2 and the starting price proposed by the commission under para. 2.
 

(2) The initial auction price shall be determined by a commission, appointed by an order of the Chairman of the Management Board, according to the provisions of Art. 5, para. 2 and Art. 19 of Ordinance № 7 of 14 November 1997 on the sale of private state-owned movables.
 Licensed experts may be involved in the work of the commission.

Art. 65. (1) The director of the specialized unit shall send in due time a reasoned request - report to the Chairman of the Management Board, for permission to sell movables under Art. 60, managed by the respective unit.
 The report provides the following information:

1. name of the items with a detailed description of the same, including year of acquisition, method of use, technical features and data (for vehicles, machinery, etc.), book value of each item;
    
2. initial price determined by a commission under Art. 63, para. 2;
3. the place and manner of inspecting the item with data on its technical characteristics;
4. place for accepting applications for participation and for their submission;
5. amount of the participation deposit;
6. method of payment;
7. other tender conditions.

2. The following documents shall be attached to the report under para. 2 :

1. a list/inventory/ of the items for sale with the quantity of each of the items reflected in it, the unit price without VAT;
    
2. balance sheet statement for each item which to show: the period of acquisition, unit value, available quantity and book value of each item;
3. the minutes of the commission appointed under Art. 64, para. 2 on the initial auction unit price determination for each item with applied methodology used to determine this value;
4. Draft tender documentation.

3. The documents under para. 2 should be completed by type, depending on the type of auction to be held.
4. In case of a request for sale of unusable items (discarded items), the above data and documents shall be accompanied by an approved protocol for their disposal and order for disposal, in accordance with RIA's internal rules for disposal.
    
5. The extraction and sale of timber from dangerous trees in the scope of national roads may become subject to the relevant permits and determination of the price by a licensed appraiser Subject to the sale procedure, according to the rules of this section.

Art. 66. (1) The order under art. 61, para. 2 contains a description of the item and its starting price: the place, time and manner of viewing the item; the deadline for accepting applications for participation; the place and time of their deposit; the day of announcing the results; method of payment; other tender conditions, amount of the participation deposit and other data, depending on the type of auction to be held.

2. The order shall be announced at a prominent place in the seller's building and notice shall be published in at least one daily newspaper and on the Agency's website.
3. The announcements under para. 2 shall be made not later than one week before the term determined for opening the tender procedure and for submitting applications for participation in the tender, in a secret bidding auction and not later than one week before the date determined for conducting the tender in open bidding auction.

Art. 67. (1) Conducting an auction with secret or open bidding shall be carried out under the conditions of Section II, respectively of Section III of Ordinance №7 / 1997 on the sale of private state-owned movable.
 

2. For the conducted auction the tender commission draws up a tender protocol in 3 copies - one copy for the tender commission, one copy for the buyer and one copy for the cashier of the seller.
3. The results are announced at the announcement site in the administrative building of the property manager.
4. Within 7 days from the date of announcing the results, the bidders may file a complaint under the Administrative Procedure Code for non-compliance with the terms and conditions for its conduct.

Art. 68. (1) The winner of the auction shall pay the offered price within 3 days from the date of announcing the results.

2. If the payment is not made within the term under para. 1, the deposit shall be retained and it shall be offered to the next candidate to pay the price offered by him in a secret bidding auction, and in an open bidding auction, the seller shall officially announce the winner of the auction being the bidder who has offered the next highest price.
3. If the second candidate fails to make the payment within the specified period, the tender commission shall note by a note in the tender protocol that the item has not been sold.
    

Art. 69. (1) The movable shall be handed over to the buyer through an acceptance-delivery report, after paying the price. The ownership is transferred with the movable's delivery.

(2) The purchased item shall be picked up by the buyer no later than within 5 days from the date of payment. After this period, the buyer owes the stowage, according to the specified tender conditions, after which it is to be written off from the balance sheet of the specialized unit.

Art. 70. (1) The protocol under art. 67, para 2, signed by the tender commission, together with all documents, shall be submitted with a report on behalf of the chairman of the commission to the Chairman of the Management Board of RIA for concluding a contract.

(2) The return of the paid deposit to the participants who have not won the auction shall be carried out by the respective official at the specialized unit or directorate BFPP for movables of RIA's CA, after presenting:

1. the protocol of the tender commission under art. 67, para 2;
2. sale/purchase contract with the buyer;
3. payment orders for the participants' deposits.
4. for movables of RIA's Central Administration, an ASHRPM directorate's opinion is also to be submitted.

Art. 71. (1) If an item included in the auction has not been sold, after an auction with secret bidding conducted, the provisions of Art. 15 and Art. 16 of Ordinance №7 / 1997 on the sale of private state-owned movables shall not be applied.

2. The proposal on applying Art.15 of Ordinance №7 / 1997 on the sale of private state-owned movables is made by the chairman of the tender commission to the Management Board for decision-making.
3. Based on a decision adopted by the Management Board under Art. 71, para. 2, the Chairman of the Management Board of RIA shall issue an order for conducting a new secret bidding auction at the indicated new prices of the movables, announced for sale.
4. The terms and conditions for the repeated conduct of the procedure completely repeat the procedure indicated in this section, as the difference is in the amount of the initial auction price, determined under Art. 71, para. 1.
5. In an open bidding auction, when the auction is rescheduled due to non-appearance of a candidate, the provision of Art. 25 of Ordinance №7 / 1997 on the sale of private state-owned movables.
    

Section III. Procedure for sale of fruits obtained by picking trees located along the national roads, managed by the Road Infrastructure Agency
 

Art. 72. (1) The Road Infrastructure Agency may sell fruits from fruit trees located along the national roads and managed by the respective specialized units.
 

(2) The sale under para. 1 shall be carried out by conducting secret or open bidding auction, by the order of section II of chapter III of the present internal rules, corresponding to the requirements of Ordinance №7 / 1997 for sale of private state-owned movables or through Commodity Exchange under the order specified in Art. 60, para. 2 and para. 3 of the present internal rules.

Art. 73. Following data should be indicated in a reasoned request -  report from the director of the specialized unit managing the roadside trees from which the fruits subject to the tender procedure will be obtained:
 

1. description of the roadside alley (name of the road and exact kilometer position of the respective sections) with type and number of trees, estimated quantity of fruit on average per tree and total, calculated on the basis of fruit obtained from the previous year or on the basis of expert assessment by a licensed appraiser for estimated yield in the current year (Annex №9);
2. initial price determined under Art. 64, para. 2;
3. the place and manner of inspecting the item with data on its technical characteristics;
4. the place for accepting applications and participation deposits;
5. amount of the participation deposit;
6. method of payment;
7. other tender conditions.

Art. 74. (1) The tender conditions under Art. 73, item 7 include the requirement to the bidder to undertake the obligation to maintain the plantations, from which he will acquire the fruits subject to the auction by picking, taking for this purpose the following care:

a/ Liming the trees against pests, which is also a prerequisite for ensuring traffic safety in the road section;
 

b/ Forming the crowns of the cited plantations, by cutting the dried branches and the branches overhanging the roadway, not allowing the removed branches to pollute the roadside alley, ditches and the roadway in the respective section;

c/ Picking the fruits from the plantations, which become his property through the purchase during the tender procedure conducted for the purpose;

d/ Preventing the pollution of the roadside alley, ditches and the roadway in the area of ​​fruits that fell by themselves or during picking;

e/ Mowing and clearing of bushes on the roadside alley and the road shoulder in the section.

2. In carrying out the activity under para.1 the buyer acquires ownership over the removed branches from the trees and bushes, the mown grass, the fallen fruits оn the roadside alleys and the ditches in the section;
3. The acquired property under parа.2 shall be transported daily by the buyer, at his expense in order to prevent pollution of the section.

Art. 75. (1) The activities under Аrt. 74 shall be controlled by a representative of the specialized unit, on the territory of which the respective section is located, and in case of established violations by the buyer, the contractual relations between the parties shall be terminated immediately and the amount of the purchase of the fruit is not refunded to the buyer.

(2) The term for fulfillment of the obligations under Аrt. 73 starts on the date of signing the contract under the procedure and ends with the harvest by the buyer.

Section IV. Rental of private state-owned movables

Art. 76. The Road Infrastructure Agency may lease private state-owned movables on the grounds of Art. 30 of the State Property Act.

Art. 77. The renting of movables under Art. 76 of the present internal rules shall be carried out under Art. 24, para.1 of the Roads Act - by decision of the Management Board of the Agency by an order determined by these instructions.

Art. 78. The Agency may rent:

a/ Movable property - furniture and equipment, forming part of real estate, leased in accordance with Chapter One.

b/ Movable property - mechanization, machines, etc., which can be rented for a long time;

c/ Movable property - mechanization and machines for rent, which are intended for use by the persons, who have won a public procurement for construction or maintenance of the national road network for the term of the contract for construction or maintenance.

Art. 79. (1) The movables under art. 78, b, "a" of these Rules shall be rented together with the rental of the real estate or the part thereof in which they are located and which is rented out in accordance with Section V of Chapter II of these Rules.

2. In case of available furniture in premises intended and rented for office, the rental value of the movables under para. 1 shall be included in the total rental price, determined for payment by the real estate rental contract, through the correction coefficients, taking into account the presence of such furniture.
3. In the case of available specialized furniture and equipment (e.g. kitchen, etc.) in premises intended for commercial purposes, including departmental bars, the rental value of movables is determined by a licensed appraiser or on the basis of another method or methodology prepared according to specifics of the movables. The indicated rental price of the movables together with the initial rental price of the property or the part thereof in which the cited equipment and furniture is located, represents the initial rental price of the property or the part thereof subject to the tender procedure for renting under Section V, Chapter II of these Rules.
4. The termination of the use of the movables under para. 1, before the termination of the real estate rental relationship, is not a ground for change in the amount of the agreed total rental price.

Art. 80. (1) The movables under art. 78, b, "b" of these rules are rented after a secret or open bidding auction is held.

(2) The initial rental value of the movables under para. 1 shall be determined by a licensed appraiser or on the basis of a methodology, prepared according to the specifics of the movables.

Art. 81(1) The movables under art. 78, b, "c" of these rules are leased without auction to persons who have won a public procurement for the construction or maintenance of the national road network.

(2) The initial rental value of the movables under para. 1 shall be determined on the basis of depreciation, by a licensed appraiser or in another way, as the appraisal shall be in compliance with the conditions and requirements, set in the rental contract on the cited movables.

Section V. Renting procedure on private state-owned movables, by secret or open bidding auction

Art. 82. (1) The movables under art. 78, b, "b" of these internal rules shall be rented by decision of the Management Board of the Agency, by secret or open bidding auction, at the written proposal of the ASHRPM Directorate Director.

(2) The proposal under para. 1 shall be prepared on the basis of a report - reasoned request from the director of the specialized unit to RIA's MB Chairman and after preliminary control by the Property Management Department, ASHRPM Directorate.

Art. 83. (1) The proposal-report under art. 82 para. 2 and the draft of the tender documentation shall be sent for preliminary control to the Property Management Department, ASHRPM Directorate at e-mail: naemi_targove@api.bg

2. In the presence of remarks, the tender documentation shall be returned for their removal within the term under Art. 21, para. 2 of these rules.
3. After removing the remarks, the proposal under Art. 82, para 1 with a report attached and complete with the data and documents under Art. 84, para. 1 and para. 2, shall be registered in advance in the office of the Agency.

Art. 84. (1) In the reports under Art. 82 the following data shall be indicated for each movable offered for rent:

1. name of the movable, data on its technical characteristics ;

2. a detailed description of the item, including the indicators that influence the determination of the initial rental price;
3. purpose;

4. book value;

5. offered value of the initial rental price, prepared under Art. 79, para. 2 and Art. 79, para. 2 of these internal rules;
   rental term;
6. term for rent;
7. type of auction - of secret or open bidding;
8. special requirements to the participants in the procedure, when this is required by the purpose of the auction's subject.

2. The following shall be applied to the report under para.1:

1. an extract from the balance sheet of the specialized unit, from which the receipt of the respective movable is evident;
2. calculation of the determined initial rental price according to applied methodology or other documents for its determining;
3. auction's draft terms, including the information from the report under Art. 82 and additional information related to the following data:

• place of auction’s conduct;
• amount of the participation deposit;
• amount of the fee for receiving the tender documents and method of payment;
• bidding step - in an open bidding auction;
• other tender conditions;
• conditions for inspecting the auction's subject;
• documents to be submitted with the application for participating the auction;
• place for accepting participation applications;

4. draft tender documentation, including:

• front page with the subject of the auction and content marked on it, together with an inventory of the attached documents;
• draft Order of RIA's MB Chairman  - Annex №1;
• draft announcement for conducting the tender - Annex №2;
• draft conditions for conducting the tender - Annex №3;
• draft of the application form for participation - Annex №4;
• draft declaration sample - Annex №5;
• draft offer  sample (offered price) - Annex№6;
• draft declaration sample - view - Annex №7;
• draft rental contract - Annex №8.

3. The data and documents should take into account the type of tender being offered.
4. The report, complete with the data and documents under para. 1 and para. 2 shall be entered in advance in the office of the Agency.

Art. 85. (1) On the basis of the report under Art. 82 and of the attached documents under Art. 84 RIA's MB decides on the lease of the respective movable or group of movables - private state property.

Art. 86. (1) On the basis of a decision taken by the Management Board for renting movables, RIA’s MB Chairman shall issue an order for conducting a rental auction, which shall contain: a list of movables with the initial rental price for each of them; type of auction; date, place and time of the auction; rental period, other specific conditions.

(2) The order, under para.1, stipulates the tender documentation, the conditions for inspection of the movables, the composition of the commission for conducting the auction, and the deadline for acceptance of the applications for participation.

Art. 87. The subsequent actions for conducting a secret or open bidding auction for movables are analogous to those of section V of chapter 11 in the part from Art. 24 to Art. 32 inclusive, of these internal rules.

Section VI.  Rental of movables - machinery and machines designed to eliminate emergencies in order to ensure traffic safety on the national road network.

Art. 88. Pursuant to Art. 30 of SPA movables, representing machinery and machines necessary for the elimination of emergencies, in view of traffic safety on the national road network, may be rented, by decision of the Agency's MB without tender, to persons , who have won public procurement for the maintenance or construction of the national roads.

Art. 89. The director of the specialized unit shall send in due a reasoned request - report to the Chairman of the Management Board, for permission to without ICB movables under Art. 88, managed by the respective unit. The report provides the following information:

1. name of the movable, data on its technical characteristics ;
2. received applications from persons, executors of a public procurement for maintenance or construction of the national road network in the respective region, in need of short-term rental of the respective movable;
3. value of the rental price of the movable, determined on the basis of depreciation, through a licensed appraiser, in another way or by a methodology prepared in accordance with the specifics of the movable;
4. rental term, consistent with the period of emergency situations occurred (winter period with snowdrifts and drifts, etc.);
5. special requirements that should be reflected in the rental contract.

Art. 90. The following shall be applied to the report under Art. 89:

1. balance sheet statement showing that the movable has been booked;
2. the determined initial rental price by a licensed appraiser;
3. the applications from the persons, executors of public procurement for maintenance or construction of the national road network in the respective region, in need of the short-term rental of the respective movable;
4. extract from the contracts with the persons executing public procurement on maintenance or construction, wishing to use the relevant movable for rent, from which it is evident:

• the legal entity/association (contractor), which is a party to the public procurement contract, with which a contract on renting movables may be concluded without a tender, under Art. 88;
• the term under the public procurement contract;

5. draft contract for lease of the respective movable under Art. 88, in which the term for renting may not be longer than the term under the public procurement contract on maintenance or construction of the national roads.

Art. 91. (1) On the basis of the report under Art. 89 and the attached documents under Art. 90, the ASHRPM Directorate Director within seven days from the receipt of the file shall make a proposal to the RIA's MB for granting permission to rent the items mentioned in the report, without auction, by concluding a lease agreement with the respective persons, awarded with the public procurement for maintenance or construction of the national road network on the territory of the road office, managing the indicated items.

(2) The proposal, completed with the whole file, shall be entered in the office of the Agency.

Art. 92. (1) On the basis of the decision taken by the Management Board, RIA's MB Chairman issues an order by which the legal entity that has concluded a contract for the implementation of the public procurement on maintenance or construction of national roads in the region is determined as a tenant of the movables specified in the report and proposal.

2. The order under para.1 assigns to the director of the specialized unit managing the movables specified in the order to conclude a rental contract with the respective legal entity for the cited movables, under conditions specified in the contract, related to the term of the contract, rental price, method of paying consumables costs, operational requirements, etc. (Under sample - Annex 9.3)
3. RIA's MB Chairman authorizes the director of the specialized unit to conclude a contract, in the execution of the order under Art. 92, para. 1 of these rules.
4. The Road Infrastructure Agency agrees with a letter to the director of the respective district road office, managing the property, for concluding a rental contract with the legal entity specified in the order under para. 1. A certified copy of the specified order under para. 1 shall be attached to the letter and a power of attorney under para. 3. in the original.

Art. 93. (1) The term of the lease contract shall not be longer than the deadline of the contract for the public procurement on maintenance or construction of the national roads.

(2) After signing the contract under Art. 92, para. 2, a copy shall be submitted to the Property Management Department, and the original with a delivery-acceptance report shall be sent for storage to a commission appointed by an order of RIA's MB Chairman.

CHAPTER FOUR

RESPONSIBILITY FOR ENTERING NEW AND UPDATING EXISTING GIS DATA IN THE ADMINISTRATIVE SERVICES, HUMAN RESOURCES AND PROPERTY MANAGEMENT DIRECTORATE

Art. 94. The Head of the Property Management Department in the ASHRPM Directorate organizes the implementation of the data entry activities in the Geospatial Information System (GIS), serving the ASHRPM Directorate, appointing employees to enter the data. The officers' activity on GIS data entry is added to their job descriptions.

Art. 95. When introducing new and updating existing objects, all attribute fields (for which there is information) must be filled in within ten days of the changes. Upon receipt of documents for the site, they must be scanned and attached by the relevant officials.

TRANSITIONAL PROVISIONS

§ 1 RIA's MB Chairman or the Director of the respective specialized unit appoints by order a commission to perform tasks supporting the activity (determination of initial auction price, inspection, provision of materials) on events of disposal on public and private state property and private state movables.

§ 2 Report - reasoned request from the directors of the specialized units to RIA's MB Chairman for conducting procedures for renting areas and premises currently used for rent, as well as extending the term of existing contracts, should be submitted in compliance with the terms and conditions of these internal rules no later than 3 (three) months before the deadline under the rental contract.

§ 3 The reports from the directors of the specialized units and all documents to them shall be sent in the cases provided for in the present internal rules, for preliminary control, to the Property Management Department, ASHRPM Directorate at e-mail: naemi_targove@api.bg, and in the presence of remarks, shall be returned by e-mail to the compiler of the documents for their timely removal. If the remarks are not removed within the specified period, the file shall not be considered.

§ 4 The Property Management Department, after receiving and completing the documents submitted by the specialized units, prepares the proposals to the Management Board of the Agency on behalf of the ASHRPM Directorate Director, related to events of disposal and rental of real estate and movables being subject of these rules.

§ 5 These internal rules repeal RIA's Internal rules for the organization of work in the management of state=owned property and movables, provided to the Agency, approved by decision of RIA's MB, objectified in Protocol № 19387/18 of 12.07. 2018

§ 6 Road Infrastructure Agency is written in the internal rules by its full name or abbreviated with the name “Agency” or RIA.

§ 7 The internal rules have been approved by RIA's MB Chairman on the basis of a Decision of the Management Board of RIA, objectified in Minutes № 26169/20 of a meeting held on 16.09.2020 pursuant to Art. 34, item 1 of RIA's Regulations on the structure, activity and organization of work and shall enter into force on the date of their approval.

§ 8 The following annexes are an integral part of these internal rules:

1. Front page of the tender documentation with the subject of the tender and content marked on it, with an inventory of the attached documents - Annex № 1;
2. Draft Order of the MB Chairman on conducting a tender - Annex № 2, together with the coordination regime;
3. Draft announcement on conducting the tender - Annex № 3;
4. Draft conditions for conducting the tender - Annex № 4;
5. Draft sample application for participation in the tender - Annex № 5;
6. Draft model declaration - Annex № 6;
7. Draft sample bid (offered price) by the bidder - Annex № 7;
8. Draft sample declaration - view - Annex № 8;
9. Draft rental contract - Annex № 9 (to the relevant procedure):

• Annex 9.1 - Draft contract for renting public/private state properties.
• Annex 9.2 - Draft contract for renting departmental housing for the needs of RIA's employees.
• Annex 9.3 - Draft contract for renting movables - machinery and machines.

10. Draft contract for the sale of movables under Art. 72, para.1 of these rules - Annex № 10.
11. Draft order for renting movables - machinery and machines - Annex №11.
12. Draft power of attorney for renting movables - machinery and machines - Annex № 12.
13. Draft of a sample under Art. 73, item 1 of these rules - Annex № 13.
14. Checklist - Annex №14.

Annex № 1

APPROVED BY: SIGNATURE AND ROUND SEAL

CHAIRMAN OF THE ROAD INFRASTRUCTURE AGENCY’S MB

TENDER DOCUMENTATION

for

Conducting secret/open bidding auction for renting the property:

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Contents:

1. Excerpt from Order № / of the Management Board’s Chairman

of the Road Infrastructure Agency (Annex № 2)

2. Draft announcement on conducting the tender( Annex № 3).
3. General conditions for participation (Annex № 4).
4. Sample application form (Annex № 5).
5. Declaration (Annex № 6).
6. Sample proposal (Annex № 7).
7. Declaration - view - Annex № 8;
8. Draft rental contract ( Annex № 9).

MINISTRY OF REGIONAL
 DEVELOPMENT AND PUBLIC WORKS

INFRASTRUCTURE AGENCY

Annex No. 2

ORDER

• Application for participation in tender - Annex № 5;
• Participant’s Declaration -Annex № 6;
• Price proposal - Annex № 7;
• Declaration for view - Annex № 8;
• Draft rental contract- Annex № 9.

CHAIRMAN OF THE ROAD INFRASTRUCTURE AGENCY

MINISTRY OF REGIONAL
 DEVELOPMENT AND PUBLIC WORKS

ROAD INFRASTRUCTURE AGENCY

Annex № 3

Road Infrastructure Agency /RIA/, based on Art. 44, para. 1 of RISPA, in connection with * art. 16, para. 2 / art. 19, para. 1 of the State Property Act /SPA/, art. 24, para. 1 of the Roads Act, Art. 13, para 1 of RISPA, as well as RIA’s MB Decision, objectified in Minutes № ………../…….. from a meeting held on…………….

ANNOUNCE

A secret/open bidding auction for renting:

/property’s detailed description/

Initial monthly rental price -BGN ...............              (VAT incl.)

Term for rent-(.................................. ) years.

Price of the tender documentation - BGN         (VAT incl.)

Deposit installment for participation - BGN

The deadline for submitting applications for participation in the auction is 16:30 hrs of        20 ...

The auction will be held from 10:00hrs  of........... 20... in the Administrative Building of

District Road Office - ............................................ at the address: city of..... , str. №

In case the auction is not held, a second auction shall be held on............................ , at

........ hrs., in the Administrative Building of DRO - ………………………………at the address:

city of.............. , str. „............ ” №.............. ,.................................... under the same conditions.

The tender documentation is to be received in the administrative building of District Road

Office- ................................... at the address: city of........... , str. „................. ” №................... after

payment in cash performed at the box office in the District Road Office/ by bank transfer to the account:

IBAN:..............................................................

BIC:....................................................................

The deposit for participation is to be performed by bank transfer to the account:

IBAN:..............................................................

BIC:....................................................................

For further information please contact: tel.:..................................

*The grounds are in accordance with the type of state property (private- public)

CONDITIONS

For conducting secret/public bidding auction for renting:

(property’s full description)

This auction is held on the basis of Art. 24, para 1 of the Roads Act, */art. 16, para. 2 of the State Property Act, in connection with Art. 19, para. 1 of the State Property Act - public state property /, / Art. 19, para. 1 of the State Property Act - private state property /, in connection with Art. 13, para. 1 of the Regulations on Implementing the State Property Act and Art. 23 of the Internal Rules for organization of work in the "Road Infrastructure Agency ”in the management of state - owned properties and movables provided to the Agency and in the implementation of RIA's MB Decision, objectified in Protocol

............. /...... from a meeting held on.................................... and Order № ...............................            of RIA’s MB Chairman.

* The grounds are in accordance with the type of state property (private/public)

1. TYPE OF AUCTION

Secret/open bidding auction. Under Chapter Five of RISPA. Legal grounds: * Art., 16, para. 2 /Art. 19, para.1 of the State Property Act, in connection with Art. 13 para. 1 of RISPA.

* The grounds are in accordance with the type of state property (private/public)

2. GENERAL INSTRUCTIONS

1. Auction’s Subject: Renting...............................................................................................

/full description of the site, indicating also whether it is equipped with control measuring instruments for electricity and WSS; furnished/unfurnished./

2. Auction organized by: Road Infrastructure Agency.
3. Initial bidding months price: .................................  (................... ) BGN without VAT or

................ (.......................... ) BGN with VAT.

(when renting agricultural land, the price without VAT shall be indicated, according to Art. 45, para.1 of the Value Added Tax Act)

4. Right to participate the tender: Bidders can be any Bulgarian or foreign natural or legal person who meets the regulatory requirements and those of the tender documentation.
5. Deposit installment - BGN .......... (...................... ). (It is to be determined, under Art. 43,

para. 6 of RISPA) The payment of the deposit for participation shall be made by bank transfer to the following bank account:

IBAN:..............................................................

BIC:.................................................................

6. Price of the tender documentation -         BGN without VAT. The tender

documentation is to be paid in cash at the cash desk of DRO -..............

7. Term for rent-................................... (       ) years.
8. Contract Performance Guarantee. The winner of the auction deposits a performance guarantee in the amount of two monthly rents, within seven days from the signing of the contract, which amount is to be used to cover possible damages to the property or due costs and consumables. The guarantee amount does not bear interest.
9. Guarantee release. After the rental contract is terminated, the property is to be served through a bilateral acceptance-delivery protocol on its current condition, and the guarantee is to be released within three months, if there is no reason to detain it.
10. Documents for participation in the tender:
    1. Participation application form;
    2. Certificate of current status, valid on the auction conduct date (issued no later than six months before the documents submission date) or indication of the UIC, when legal person;
    3. A notarized power of attorney for representation, in original, if applicable.
    4. Declaration (Annex № 6) regarding the absence of the following circumstances for the applicant - legal person:

• has not been declared bankrupt and is not in bankruptcy proceedings;
• is not in liquidation proceedings;
• there are no monetary obligations to the state and the municipality, established by an effective competent body act, or obligations to insurance funds, unless the competent body has allowed rescheduling or deferral of the obligations;
• is not a related party within the meaning of § 1, item 13 of the additional provisions of the  Public Offering of Securities Act.
  5. Copy of payment document for purchased tender documentation;
  6. Copy of payment document for participation deposit paid ;
  7. Declaration of view;
  8. Bank account number for the participation deposit back transfer;
  9. List of documents, an integral part of the application, signed by the applicant.

The documents for participation in the tender are not to be returned, they remain in the archives of RIA - DRO-

11. The deadline for submitting applications for participation in the tender is  .................. hrs           on                  .
12. The auction will be held from        hrs  on................ in the Administrative Building

of District Road Office - .........................................  at the address: city of......... str. №

................  and for a second auction on ...... 20 ... from 10.30 hrs., at the same place.

13. Inspection of the site can be done every working day from........... to .................. and from                   to                
14. The composition of the commission for conducting the tender is determined by Order № RD-

...... - of................................. , of RIA’s MB Chairman.

15. Until the deadline for submitting applications, participants can receive

additional information by phone....................................................

16. Registration of participants.

The registration is to be performed by submitting an application form at the Administrative

DRO building - city of............ , str. “ “, NLT       hrs. ............................. ,on

............... together with the documents under item 10. Candidates' bids containing the documents described above must be placed in a sealed opaque envelope. The auction's subject, participant's name, address for correspondence, telephone and, if possible, fax and e-mail address shall be indicated on the envelope.

The monthly rental price proposal must be placed in a separate sealed opaque envelope with the inscription "PRICE PROPOSAL", placed in the main envelope with the required documents and the application for participation. On the envelope the clerk indicates the time and date of acceptance of the documents and the serial participation number. Applications for participation submitted after the deadline or in an unsealed, transparent or torn envelope will not be accepted and will be returned immediately to the candidates.

17. Conducting the auction and ranking - the auction is to be held from ................... hrs.     , on

.................... in the DRO Administrative Building - ................................... , city of ................  Str.

„....................... ” №............ , room №..............

On the day and time announced for holding the auction, the chairman of the commission shall check the presence of its members and shall announce the procedure's opening. In the absence of a member of the commission, for valid reasons, the chairman shall replace him with an alternate member.

Candidates, personally or through persons authorized by them, may attend the announced day and time of the auction, identifying themselves before the tender commission by presenting an identity document and a document certifying the representative authority.

On the day of the auction the commission shall open the submitted envelopes in the order of their receipt and shall get acquainted with the regularity of the submitted documents. Candidates with irregularly submitted documents or who do not meet the requirements in the tender documentation are not allowed to participate in the tender. Regularly submitted price proposals are ranked in descending order, according to the amount of the price offered.

For the conduct of the tender and its results the commission draws up and signs a protocol in two copies - one to the documentation of the procedure, with the registration sheet of the candidates present in the procedure attached to it and one to the report of the commission's chairman to the MB Chairman. The minutes shall specify: the entry numbers of the candidates' participation applications, candidates' names or titles, payment documents on the deposits paid, other circumstances on the regularity of the submitted documents, and the offered prices. The price proposals shall be signed by at least three members of the commission. In case two or more candidates have offered the same highest price, the chairman of the commission will set a deadline for holding a public auction between these candidates, notifying in writing the participants offering same highest price for the day and time of the the public auction, according to Art. 54, para. 3 of RISPA. The public auction is held by the order of Art. 47-50 of RISPA, as the bidding starts from the price offered by them with a bidding step of 10 percent of this price. The results of the open bidding auction are reflected in the minutes, according to Art. 54, para. 5 of the RISPA.

An auction minutes extract shall be served to the winning bidder and, upon written request, to the other interested bidders.

Within seven days from the date of the auction, on the basis of the report of the commission's chairman with the attached protocols from the work of the same and in accordance with Art. 55, para. 1 of RISPA, RIA's MB Chairman

issues an order determining the tenant, rental price, rental period and special requirements for the tenant, if any. The order is to be announced in the building of DRO-   and on RIA's website.

Interested participants may appeal the order under the Administrative Procedure Code.

18. Conditions for conducting the auction (taking into account the type of auction - open or

secret bidding)

The auction may be held only if:

• all members of the commission are present.
• at least one application for participation in the tender has been submitted, meeting the regulatory requirements and tender conditions for participation therein.

In case of a failed auction for any of the listed reasons, the commission draws up a protocol in which it is recorded that the auction has not been held and the reason thereto.

19. Refund of deposit installments

On the basis of the effective order under Art. 55, para.1 of RISPA, the deposits of the participants who have not won the auction are to be released, while the deposits of the winner of the auction and the ranked second are to be withheld until the conclusion of the rental contract.

The deposits of the unclassified participants shall be released within 5 days from the date of the order under Art. 55, para.1 of RISPA, by a report of the chairman of the tender commission.

Deposit shall not to be refunded to participant who has been determined to have won the auction, but refuses to pay the rental price offered by him.

Deposits of participants who are not allowed to participate in the auction are to be refunded after the end of the auction.

The deposit of the ranked second shall be returned after concluding a rental contract.

20. Rental contract.

On the basis of an effective order under item 17, RIA's MB Chairman concludes a rental contract with the winner in the tender.

The contract for renting part of the real estate is concluded in writing in four copies - three for the lessor and one for the winner in the tender. The contract enters into force on the date of its signing. Upon concluding the rental contract, the tenant submits a performance guarantee in the amount of two monthly leases. In case of non-fulfilling this obligation within seven days, the contract may be terminated and the participation deposit is not to be refunded. In case of termination of the contract with the designated tenant due to non-payment of a guarantee within seven days, RIA's MB Chairman,  by a new order, determines as tender winner the next ranked candidate and concludes a contract with him.

On the basis of the signed contract, the members of the tender commission serve the site, subject of the contract, to the tenant or an authorized representative by an acceptance-delivery protocol. The protocol is prepared in two copies - one for the lessor and one for the tenant.

The conditions of the tender and the requirements for the candidate to participate therein are

approved by Order №   of     , of RIA's MB Chairman

Annex № 5

TO OF THE ROAD INFRASTRUCTURE AGENCY’S CHAIRMAN

SOFIA

THROUGH

DISTRICT ROAD OFFICE -

APPLICATION

for participation in SECRET/OPEN BIDDING AUCTION for renting

……………………………………………………………………………………………
/property’s full description/

from …………………………………………………………………………………………………….

/participant’s name/

………………………………………………………………………………………….
/headquarters and address of management/

……………………………………………………………………………………………

…………….……………..represented by………………………………………..

/UIC/                                                                                           / representative-manager/

………………………………………………………………………………………………………………..

Dear Sirs,

In connection with the announced by you, on the grounds of *Art.16. para.2/Art. 19. para. 1 of SPA, SECRET/OPEN BIDDING AUCTION for renting

……………………………………………………………………………………………….

...................................  I declare my wish to participate in the tender.

I am familiar with the tender documentation and have paid the participation deposit.

date:.......................... Respectfully:...................................................

city of.........................

/..................................................... /

* The grounds are in accordance with the type of state property (private/public)

Annex № 6

DECLARATION

The undersigned...................................................................................................................

with permanent address.......................................................................................................

ID card № issued  by the MoI

-, UCN     , in my capacity of

.................................................................................................  (position or other capacity)

of ...............................................................................................................     (name of

participant’s name)  with UIC / BULSTAT, entered in the commercial register on

........................................................ district court upon a decision under c. case № /      ,

with registered office and address of management participant in a secret/open bidding auction for renting:

I DECLARE THAT:

1. I have not been convicted of:

a) crime against the financial, tax or social security system, including money laundering, under Art. 253 - 260 of the Penal Code;

b) bribery under Art. 301 - 307 of the Penal Code;

c) participation in an organized criminal group under Art. 321 and 321a of the Penal Code;

d) crime against property under Art. 194 - 217 of the Penal Code;

e) crime against the economy under Art. 219 - 252 of the Penal Code;

2. The company I represent has not been declared bankrupt;
3. The company I represent is not in liquidation.
4. The company I represent is not in open insolvency proceedings and has not concluded an out-of-court agreement with its creditors within the meaning of Art. 740 of CA.
5. I am not deprived of the right to practice my profession;
6. The company I represent has no monetary obligations to the state or to a municipality within the meaning of Art. 162, para. 2 of TSSPC.
7. I am not a related party within the meaning of § 1, item 13 of the additional provisions of the  Public Offering of Securities Act.

I am aware of the responsibility under Art. 313 of the Penal Code for indicating incorrect data.

I hereby declare that I agree that my personal data will be processed solely in connection with my participation in this tender procedure.

Date:  ……………………                                                          Declarer:………………………………..

/ Signature, Name and Surname/

Annex № 7

TO CHAIRMAN OF THE ROAD INFRASTRUCTURE AGENCY SOFIA

THROUGH

DRO-... .... .. ... ... ... ... ... ... ... .. .

PRICE PROPOSED

by: ···················································.............................. ..... ....................

in connection with the participation in secret/open bidding auction on renting a property:

/property’s description/

Dear Sirs,

We offer a MONTHLY RENTAL PRICE for using the property intended for

.............................., in the amount of ................................/in words: ............................ VAT excl. ·······························............................../in words................../ VAT incl.

Date: ........................

/signature and seal/

Annex № 8

DECLARATION OF PRELIMINARY INSPECTION

Undesigned.......................................................................................................................

UCN.................................., ID№ ..............................., issued on ................, by MoI-...................,

with permanent address: city/vil./ of ................................. distr.............................. munic.

str.........................................., №......., bl......., entr........., app............,

In my capacity of .........................................................................../manager, representative/

············································································· ..···············........................,.../Trader’s name/ UIC................................. headquarters and address of management: city/vil./ofmunic.. str...................................., №....., bl..........................., entr......., аpp........,

I DECLARE:

1. I performed personally / through a person authorized by me: ............................................ .......

.................................... ......................, view of the condition of the rented property-············································································································

/property’s full description/

2. I am familiar with the actual condition of the sites and the conditions for their rental.
3. The rented property does not suffer shortcomings that can be found during the inspection.

I hereby declare that I agree that my personal data will be processed solely in connection with my participation in this tender procedure.

Date:                                                                                      Declarer:

:

Annex 9.1 Draft!

CONTRACT №

On renting a part of public/private state property

Today, ..................................             in the city of Sofia, between:

1. ROAD INFRASTRUCTURE AGENCY (RIA) with registered office and address of management Sofia, 3 Makedonia Blvd., BULSTAT 0006950891, represented by

..................................... - Chairman of the Management Board of the Agency, hereinafter referred

to as LESSOR and

2.................................................................................. with registered office and address of management:

registered in the Commercial Register of the Registry Agency with UIC....................................... ,

represented by.................................................................................................................... called for

hereinafter referred to as TENANT

Pursuant to Art. 24, para. 1 of the Roads Act */Art. 16, para. 2 of the State Property Act, in connection with Art. 19, para. 1, sent. 2 of the State Property Act - public state property /, / Art. 19, para. 1, sent. 2 of the State Property Act - private state property/, art. 13, para. 1 and para. 4 of the Regulations on  Implementing of the State

Property Act, according to Order № RD-....................... /............ 20...., of the Chairman of

the Road Infrastructure Agency’s Management Board, on determining the winner in the procedure for selecting a tenant of part of public/private state property, Decision of the Road Infrastructure Agency's Management Board,

objectified in Protocol № ..................... / .... from a meeting, held on...............................    concluded

this contract, as the Parties agreed on the following:

I. SUBJECT OF THE CONTRACT

Art.1 The LESSOR gives to the TENANT for temporary and remunerative use, under the terms of this contract…………………………………“full description of the property………………..” with intended purpose:

...............................

Art.2 The TENANT accepts to temporarily and remuneratively use the property given to him, under the terms of this contract.

Art.3 The TENANT is bound to:

1. To use the premises/site as they are intend, in accordance with the requirements set out in the tender documentation;
2. Within seven days from the conclusion of the lease agreement, the tenant shall pay a performance guarantee in the amount of 2 (two) monthly leases.
3. To pay the consumable costs for electricity and water against the invoice presented

by DRO-    ................... based on the reports on the installed control devices / *%

ratio.

( * in case no meters are installed and it is not possible to install such,  a percentage ratio for consumables payment has to be indicated. In case

there is a possibility for installation of meters the tenant shall be bound to perform installation upon our consent)

5. To pay the fee for household waste annually in four equal installments:

1. installment - until 30.03;
2. installment - until 30.06;
3. installment - until 30.09;
4. installment - until 30.11.

6. The fee for household waste for the respective year is due in direct proportion to the used area from the moment of concluding the contract and is payable upon invoice  submission by the LESSOR.

II. RIGHTS AND OBLIGATIONS OF THE TENANT

Art.4. The TENANT is bound to accept the site from the LESSOR through a bilaterally signed acceptance-delivery protocol for its condition at the time of its acceptance.

Art.5. The TENANT is bound to use the rented premises/facilities without endangering their integrity and security and without creating a danger of damage to another's property or threat to lessor's or third parties' life and/or health.

Art.6. The TENANT is bound to notify the LESSOR immediately of damages, encroachments and other damages on the sites.

Art.7. The TENANT is bound to eliminate the damages at his own expense or to compensate the lessor, unless it is proved that he has no fault for their occurrence.

Art.8. The TENANT is bound to pay to the LESSOR the amount under Art. 3, para. 2 and to pay monthly the amount specified in Art. 17, para. 1 rental price within the specified period.

Art.9. (1) The TENANT shall not have the right to lease to third parties the real estate rented by him, which is property to the LESSOR.

2. Upon ascertainment of actions related to sublease or assignment, for the time during which the property is subleased/assigned, the TENANT pays rent increased by 100%, and the contract may be terminated unilaterally by the LESSOR.

Art. 10. The TENANT is bound to observe the normative acts and legal orders and prescriptions of the competent services in connection with the operation and management of the site. The sanctions for established violations against the specified requirements are at the expense of the TENANT

Art.11. (1) The TENANT is bound upon contract expiration, or if the contract is terminated on legal or contractual grounds, to terminate the use of the premises of the property specified in the contract and to hand them over to the LESSOR by signing a bilateral acceptance-delivery protocol for their condition.

2. In case the TENANT vacates the property without a bilateral acceptance-delivery protocol, the LESSOR draws up a statement of acceptance of the property, which is signed by two witnesses who may be employees of the LESSOR.

Art.12. Upon establishing violations by the TENANT in relation to the obligations under the contract, the LESSOR may terminate the contract by giving the TENANT 7 (seven) days for the implementation with a warning that after the expiration of the term, will consider the contract terminated.

Ш. RIGHTS AND OBLIGATIONS OF THE LESSOR

Art.13. The LESSOR is bound to serve the site through a bilaterally signed acceptance-delivery protocol for its condition three days after signing the lease agreement.

Art.14. The LESSOR is not responsible for the shortcomings of the leased sites, which the tenant has known or could have learned when concluding the contract and when accepting the site.

Art.15. (1) The LESSOR has the right to perform current control over the fulfillment of TENANT's obligations according to the clauses of the contract. In case of violations by the TENANT regarding the obligations under the contract, the LESSOR may terminate the contract by giving the TENANT seven days for the termination and warning him that after the expiration of the term, will consider the contract terminated.

2. For the established violations under para. 1, a protocol shall be drawn up, a copy of which shall be given to the TENANT.

Art. 16. After the expiration of the contract or early termination, all improvements made by the TENANT remain in favor of the LESSOR.

IV PRICE AND PAYMENT METHOD

Art.17. (1) The LESSOR shall serve to the TENANT the real estate described in section I, Art.1 of

the current contract at a monthly rent of ..................................... /...................................................... /

BGN without VAT or ... /.................................................................. / BGN per month with VAT, within

the 10th of the current month on the account / OF THE RELEVANT DRO for real estate managed by the specialized unit or on the account of RIA for real estate managed by the CA of RIA /:

IBAN......................................................

BIC.........................................................

2. The amount of the rent can be updated at the beginning of each calendar year (beginning of March) according to the growth of inflation, indicated by the National Statistical Institute for the previous year.
3. Overdue monthly installments are collected with the legal interest for each overdue day. The penalty for late payment is 2% per day of the amount due, but not more than 20% of the monthly rental price.
4. The guarantee is to be released by the LESSOR within 3 (three) months after the termination of the contract, deducting from it any due and unpaid by the TENANT: The guarantee is to be released by the LESSOR within 3 (three) months after the termination of the contract, deducting from it any due and unpaid by the TENANT: rent installments, fees for the use of water, electricity, etc. and/or to cover the costs of repairing damages to the property (if any) caused by the TENANT or by third parties admitted to the property.

5. CONTRACT’S TERM AND TERMINATION

Art.18. (1) The contract shall be concluded for a period of

2. If at the time of contract's expiration, the property has not been auctioned, according to the provisions of the SPA and RISPA, and/or no TENANT has been determined, the use of the property may be continued once with the consent of the LESSOR and signing an annex, for no longer than 6 /six/ months. The TENANT should submit a written application to the LESSOR.
   Art.

Art. 19. (1) The contract shall be terminated upon:

a) expiry of the agreed period;

b) mutual written consent of the parties;

c) unilaterally, without written notice from the LESSOR when the TENANT does not fulfill its obligations under the contract or in case of a delayed payment of the monthly rental price and consumables for more than two months.

d) a three-month written notice from one of the Parties;
 

e) refusal on the part of the TENANT to conclude an annex for updating the rental price in the hypothesis of art. 17, para. 2 of this contract.

f) failure to pay a guarantee within the term under Art. 3, para. 2 of this contract.

2. In all cases of this contract termination, the parties shall draw up a delivery-acceptance protocol duly signed by representatives of both parties, with the final date to handover the sites by the cited protocol, for the individual cases of contract termination being as follows:
    

• b. "a" The last day of the term of the contract;
• b. "b" The last day of contract validity under the agreement for its termination;
• b. "c" On the day following the notification of the unilateral contract termination.
• b. "d" The last day of the notice period.
   
• b. "e" From the day following the receipt of the refusal to update the rental price.
• b. "e" From the day following the expiration of the term under Art. 3, para. 2 of this contract.

3. In case the TENANT does not appear or does not send a representative on the specified date to hand over the specified premises, the LESSOR has the right to open the premises rented by the TENANT without the presence of the latter, by drawing up a statement of findings.
    
4. The statement of findings under para. 3 should be signed by a representative of the LESSOR and two witnesses who may be employees of the LESSOR.
    The protocol should reflect the condition of the rented premises at the time of their opening, including an inventory of all items therein - property of the TENANT and the LESSOR.
    
5. When opening the rented premises by the order of para. 3, if things owned by the TENANT are found after they are listed, the LESSOR may move them to other premises suitable for their storage, as they stay in custody by the LESSOR.
    For the custody period, the TENANT owes a stowage in the amount of BGN 4 without VAT for each day.
    In the cases when the TENANT appears to collect his belongings, the parties draw up a detailed acceptance-delivery protocol.
6. The responsibility of the LESSOR under para. 5 for keeping TENANT's belongings drops out after the expiration of 2 months from signing the statement of findings.
7. In case that after term's expiration under para. 6, the TENANT has not paid the LESSOR the due stowage fee under para. 5 and/or has not collected his belongings, the LESSOR has the right to sell some of them in order to cover the debts, by first notifying the TENANT in writing of the sale.
    
8. By signing this contract, the TENANT gives explicit consent to the actions of the LESSOR under the previous paragraphs of Art. 19.

Art. 20. (1) In case of non-observance of the three-month notice term by the TENANT, the same owes a penalty to the LESSOR in the amount of three monthly rents.
 

(2) In case the TENANT does not leave the parts of the determined properties after the rental contract termination, the same will owe to the LESSOR compensation in the amount of 10% of the monthly rental price per day, until the final leaving of the leased property.

6. GENERAL PROVISIONS

Art. 21. This contract enters into force on the date of its signing.

Art. 22. (1) The Parties undertake to ensure safe and healthy working conditions and fire safety for the workers and employees, to inform each other about the risks at work and to coordinate their activities to protect workers and employees from these risks, respecting the effective state requirements and standards for fire safety, and safety and health at work.

(2) The information between the two parties about the possible dangers, as well as the coordination of their actions for ensuring fire safety and safe working conditions to the workers shall be carried out according to the HSWA and the established internal rules of the "Safety and health at work" activity of the contracting parties.

Art. 23. The provisions of the State Property Act, the Obligations and Contracts Act and those of the effective regulations applicable to the respective case shall apply to everything not mentioned in this contract.

Art. 24. In case of changes in the legislation, the parties undertake to revise the provisions of this contract and bring it in line with the amendments that have entered into force, for which an annex to the contract is to be signed.

Art. 25. The LESSOR does not take responsibility for the validity of this contract in case of a change in property ownership by law or other regulations.

Art. 26. The parties agree through a bilaterally signed agreement to the contract to change the amount of the monthly rent, according to the inflation growth, specified by the National Statistical Institute.

Art. 27. This contract may be amended or supplemented only by mutual written consent.

Art. 28. All disputes arising from the implementation of this contract shall be settled through bilateral negotiations, and in case of impossibility - by court.

This contract is prepared and signed in three identical copies - two for the LESSOR and one for the TENANT
 

An integral part of this contract are its annexes; guarantee document /deposit installment/; the offered rental price; acceptance-delivery protocol.

Concerted with:               (for the contracts)

RIA’s General secretary

ASHRPM directorate director

RAOC directorate director

BFPP directorate director

PPLS directorate director

Head of department at PPLS directorate

Head of department at ASHRPM directorate

General legal advisor at ASHRPM directorate

DRO Director in.............................

Prepared by:

/the employee from the respective DRO who has prepared the document/

Annex 9.2 Draft!

DEPARTMENTAL DWELLING RENTAL CONTRACT

Today, ...............................             in the city of Sofia, between:

1. ROAD INFRASTRUCTURE AGENCY - Sofia 3 Macedonia blvd., UIC 000695089, represented by                                - Chairman of Road Infrastructure Agency’s MB, * through                

(*the director of the respective specialized unit, according to the power of attorney ... - valid for departmental dwelling managed by the respective DRO), hereinafter referred to as LESSOR

 and

2.............................................................................. , UCN: ..................................................  ID №

........................ Issued on.......................................................................... by MoI -      , permanent address: city of ........................................................................................  str. „           “ №      , Road Infrastructure Agency’s employee, ....................................................... directorate, on the            .................................................................................................................... position,

hereinafter referred to as TENANT,

Pursuant to Art. 24, para.1 of the Roads Act, Art. 22 of the State Property Act in connection with Art. 21 and Art. 22 of the Regulations on Implementing the State Property Act, and according to the Decision of the Road Infrastructure Agency's Management Board, objectified in Minutes № / ... from a meeting held on                       Accommodation order №   /        of the District Road Office Director in                 the present contract was concluded, with the parties agreeing as follows:

I. SUBJECT

Art.1. The LESSOR rents to the TENANT for temporary and remunerative use departmental dwelling, namely:
………………………………………………………………………………………………………………

/ detailed description of the property, according to DSP /

Art.2. The TENANT will use the rented property for residential needs.

2. RIGHTS AND OBLIGATIONS OF THE LESSOR

Art.3. THE LESSOR HAS THE RIGHT:

1. To receive the rental price and separately from it the due consumables costs for electricity, etc. in the amount and within the term under Section IV of the Contract;
    
2.  To receive the actual power over the rented property immediately after the termination/cancellation of the Contract.

Art.4. THE LESSOR IS BOUND:

1. To hand over to the TENANT the property rented by him under item 1 of the contract by a delivery-acceptance protocol, containing an accurate description of its condition at the time of handover;
2. To provide the TENANT with unimpeded use of the property;
3.  To accept the property by an acceptance-delivery protocol in case of termination/cancellation of this contract.

III. RIGHTS AND OBLIGATIONS OF THE TENANT

Art.5. THE TENANT HAS THE RIGHT:

To receive the actual power over the rented property after the conclusion of the Contract and to hold it until the moment of termination/cancellation of the Contract.
 

Art.6. THE TENANT IS BOUND:

1. To pay the agreed rental price and separately from it the due consumables costs for electricity, water, heat and municipal waste tax for the property.
    The fee for household waste is determined by a Decision of the relevant competent administrative body at the location of the property, etc .;
2. To use the rented property only for the purposes specified in Art. 1.;
3. To maintain cleanliness in the property and in the area around it;
4. To allow the LESSOR for control checks on the property condition and  cleanliness;
    
5. To hand over, by acceptance-delivery protocol, to the LESSOR the property /and the movables in it/ in case of contract termination/cancellation;
6. To make at its own expense minor repairs relating to damage due to ordinary use;
7. Not to perform without the written consent of the LESSOR: improvements, reconstructions, repairs in the rented property;
8. To fully reimburse the damage caused to the rented property;
9. Not to remise the actual power over the property to a third party.

4. RENTAL PRICE AND CONSUMABLES

Art.7. (1) The TENANT will pay for the rented property a monthly rent in the amount of  /write the price without VAT/.

2. By this contract, the tenant consents the monthly rent be deducted from his salary /Consent according to a sample/.
3. As of the date of concluding this contract, the TENANT is bound to pay a one-time deposit in the amount of one-month rent, which is to be returned to him upon the rental contract termination, in case he has no debts with respect to the property.

Art.8. (1) The rental price, the due consumable costs and the above deposit shall be paid to the account of the LESSOR:

2. The rent shall be paid in advance by the 10th of the current month.
3. The fee for household waste shall be paid annually in four equal installments:

1. installment - until 30.03;
2. installment - until 30.06;
3. installment - until 30.09;
4. installment - until 30.11.

Art.9. (1) Consumable expenses for electricity, etc. are invoiced on the basis of the data from the respective meters and are due by the 10th day. They are to be paid separately from the rental price.

(2) If no such appliances are installed, the TENANT shall pay for the consumables, according to an order determined by the LESSOR.

Art. 10. In case of due rent and consumables payment delay, the TENANT owes interest in the amount of 0.01% for each overdue day, but not more than 20% of the monthly rental price.

5. TERM

Art.11. (1) This contract is concluded for a period of years, dating from

signing the acceptance-delivery protocol.

(2) The contract may be extended, by mutual agreement of the parties, if the following conditions are met:

• an application is submitted by the TENANT within one month before the expiration of this contract;
• submission of a declaration for establishing the circumstances under Art. 22, para.1 of RISPA;
• lack of debts to the Agency.

6. TERMINATION

Art.12. The lease is terminated:

1. Upon expiration of the contract;
2. By mutual agreement of the parties;
3. Due to the termination of the employment or service relationship of an employee accommodated in the departmental dwelling;
4. When payment delay of rent, consumable costs, waste tax greater than 5 days, as well as in case of violation of the other clauses of this contract by the TENANT, the LESSOR has the right:
    

a / To terminate this contract by notifying the TENANT in writing, and

b / То penalty in the amount of the two-month rent.

5. The contract may be terminated by either party before its expiration by a one-month written notice.
    

Art.13. In case of delay in payment of consumables for more than 5 days, the LESSOR has the right to terminate the relevant services without notice, in which case he is not liable for damages.

Art.14. In case the LESSOR doesn't fulfill his obligations under this contract, the TENANT has the right:
 

a / To terminate this contract;

b / To be compensated for damages and lost profits.
 

Art. 15. Upon the termination of this contract, the TENANT is bound to vacate the departmental dwelling within one month. In the presence of a regular invitation to the TENANT to hand over the possession over the property, and he has not appeared, by signing this contract, the TENANT gives unconditional and irrevocable consent that his non-appearance and failure to hand over the possession over the property within the specified period entitle the LESSOR unilaterally and immediately to take possession over the property.
 A protocol shall be drawn up for the actions performed by the LESSOR, signed by a commission appointed by an Order of DRO Director in.............     

7. OTHER CONDITIONS

Art. 16. (1) In case of culpable non-fulfillment of a contractual or normative obligation by the TENANT in connection with the use of the leased property, as a result of which the LESSOR is convicted as a jointly liable party by a third party or fined by an administrative body, the TENANT owes compensation to

the LESSOR in the double amount ruled by the conviction decision or by the act issued by the administrative body;

(2) The improvements made by the TENANT shall become the property of the LESSOR without owing compensation/payment for them;

Art.17. The LESSOR is not responsible for the security of the leased object and the movables therein.
 

Art.18. In the event of a dispute between the LESSOR and the TENANT regarding this contract, the same should be resolved through negotiations, and in case of impossibility - by the competent court of the LESSOR's court registration.

Art.19. Amendments to this contract are to be made only upon the written consent of the parties.

This contract is drawn up in two identical copies, one for each of the parties.

An integral part of this contract are its annexes;
 

document for paid deposit under Art. 6.3. of this contract;

• declarations under Art. 22, para. 1, item 1 and item 2 of the RISPA;
• order for appointment/employment contract - a copy;
   acceptance-delivery protocol.

Annex 9.3 Draft!

CONTRACT

* On renting private state-owned movables

* this draft contract is also used for renting snowplows
 

Today, .................... in................................ ,between:

1. ROAD INFRASTRUCTURE AGENCY (RIA), headquarters and address of management Sofia 3 Macedonia Blvd., BULSTAT 0006950891, represented by

...................................  - Chairman of the Agency’s Management Board, through                          

.............................................  -DRO Director in...................................... , according to power of attorney №

....................................... /.......................... of RIA’s MB Chairman, hereinafter referred to as

LESSOR and

2............................................................................... with registered office and address of management:

registered in the Commercial Register of the Registry Agency with UIC............................... ,

represented by..............................................................................................................

hereinafter referred to as TENANT

Pursuant to Art. 30 of the State Property Act, in connection with Art. 21d, item 1 and item 6 of the Roads Act and Art. 88 of the RIA's Internal Rules on the Organization of Work in the management of state-owned properties and movables, provided to the Agency, pursuant to a Decision of

RIA's MB Decision, objectified in Protocol № .................................................... / .....................

from a meeting , held on........................................... .................................................................... and Order № ........................................................................................................................................... of

.......................  of RIA’s MB Chairman, this contract was concluded on the following:

1. CONTRACT’S SUBJECT

Art. 1. Pursuant to a public procurement contract №.............................................................

....................... ,with the subject: "Designation of a contractor for maintenance

(preventive, current, winter and repair and restoration works in emergency situations) of

the national road network on the territory of, managed by RIA ",

The LESSOR leases to the TENANT for temporary and remunerative use the following equipment:

Art.2. The TENANT will include the equipment rented to him to the available snow removal machinery for the implementation of the activities under the contract № RD-

.......................... /................................

Art.3. The contract is concluded for a period till................   included,

dating from its signing.

II. PRICE AND PAYMENT METHOD

Art. 4. (1) The LESSOR shall provide to the TENANT the described in section I, Art.

1 movables -.............................................. for monthly rent, in the amount of............................      

BGN (...... in words............................ ), VAT incl. per each or total price in the amount of

................. BGN (................. in words..................... ) VAT incl., to be paid till the 5^th

of the current month, upon an invoice issuance, on the bank account of /THE RESPECTIVE DRO/:

IBAN

BIC

2. The due rental price for the first month is paid within 3 (three) days from signing the contract.
3. Overdue monthly installments are collected with the legal interest for each overdue day. The penalty for late payment is 2% per day of the amount due, but not more than 20% of the total rental price per month.
4. The TENANT shall submit to the LESSOR a deposit for contract performance, in the amount of one monthly rental installment. The deposit is to be released by the LESSOR within one month after the contract termination, deducting any costs due and unpaid by the TENANT, related to restoration of damages (if any) caused by the TENANT.

3. RIGHTS AND OBLIGATIONS OF THE TENANT

Art. 5. Against the right of use granted, the TENANT is bound to pay to the LESSOR a monthly rent in the amount and term, determined in Art. 4 of this contract.
 

Art.6. The TENANT is bound to accept the movables from the LESSOR by a bilaterally signed acceptance-delivery protocol for their condition at the time of their acceptance for use.

Art.7. The TENANT is bound to use the rented movables according to the purpose agreed in the contract, with due care, and to ensure their integrity against encroachments from third parties, without endangering the property of RIA or endangering the life and health of third parties.

Art.8. The TENANT is bound to notify the LESSOR immediately of damages, encroachments and other damages to the movables.

Art.9. The TENANT is bound to eliminate the damages at its own expense or to compensate the LESSOR unless it is proved that he has no fault for their occurrence.

Art. 10. (1) The TENANT shall not have the right to lease to third parties the movables rented by him, representing LESSOR's property, in any form, including a contract for joint activity.

(2) Upon ascertainment of actions related to sublease or remise for the time during which the movables are rented, the TENANT shall pay a monthly rent, increased by 100%.

** (3) To be used only when driven by experienced drivers approved by the specialized unit managing the items.

** the text of para. 3 shall apply only with regard to the rental of snowplows and other similar machines. For other movables, this text drops out.

Art.11. The TENANT is bound to pay all costs related to fuel, batteries, antifreeze, tires, filters, and that kind consumables for the time of use of the equipment.

Art.12. The TENANT bounds to use the leased equipment, by

purpose, solely for the concluded procurement contract №...........................................................

Art. 13. (1) The TENANT is bound to observe the normative acts and legal orders and prescriptions of the competent bodies in connection with the operation and management of the movables. The sanctions for established violations against the specified requirements are for the TENANT.

(2) After the contract for renting the cited movables is terminated,

the TENANT is bound to hand over the same to DRO - ...........................................           in good

condition, with the usual wear and tear being taken into account, by an acceptance and delivery protocol, together with all documents submitted to him for the relevant movables necessary for their rental.

4. RIGHTS AND OBLIGATIONS OF THE LESSOR

Art.14. The LESSOR binds to provide the movable for use by a bilaterally signed acceptance-delivery protocol for its condition.

Art.15. The LESSOR binds to authorize the TENANT with the right to drive the movable, as well as with the right to re-authorize its employees to perform the same activities as him, with mandatory legal capacity certified by the competent authorities of the Traffic Police.

Art. 16. The LESSOR is not responsible for the shortcomings of the leased movable, which the TENANT has known or could have learned when concluding the contract and when accepting it.

Art.17. The LESSOR has the right to perform current control over the fulfillment of TENANT's obligations according to the clauses of the contract. In case of violations by the TENANT in relation to the obligations under the contract, the LESSOR may terminate the contract by giving the TENANT three days to implement it, by a written warning that after the expiration of the term, will consider the contract terminated and the TENANT will have to return the rented movables.

Art.18. The LESSOR has the right to receive from the TENANT the monthly agreed rental price in the amount and term, according to the contract.

5. CONTRACT’S TERM AND TERMINATION

Art.19. The contract is concluded for a period till...............

Art.20.(1) Contract shall be terminated:

a) upon expiration of the contract;

b) by mutual written consent of the parties;

c) unilaterally, without written notice from the LESSOR when the TENANT does not fulfill its obligations under the contract such as non-fulfillment of obligations established by a protocol or in case of late payment of the monthly rental price.

d) by a one-month written notice from one party to the other;

Art. 21. (1) In all cases of termination of the validity of this contract, the parties shall draw up an acceptance-delivery protocol, duly signed by representatives of both parties.
 The final date of delivery of the movables by the cited protocol for the individual cases of termination of the contract is as follows:

(а)   under Art. 20, b. “a” - the last day of the term of the contract;

(b)   under Art. 20, b. "b" The last day of contract validity under the agreement for its.

(c)   under Art. 20, b. “c”  and b. “d” - within one day from the date of the unilateral

termination of the contract or from the last day of the notice.

(2) In case the TENANT does not appear or does not send a representative on the date set for delivery of the movables, the LESSOR has the right to collect the movables from the TENANT without the presence of the latter, and for this purpose draws up a statement of findings.

4. The statement of findings under para. 2 should be signed by a representative of the LESSOR and two witnesses who may be employees of the LESSOR. The statement of findings should reflect the condition of the rented movables at the time of collection.

Art.22. In case of non-observance of the one-month notice term by the TENANT, the latter owes a penalty to the LESSOR in the amount of two monthly rents.

6. GENERAL PROVISIONS

Art.23. This contract enters into force on the date of its signing.

Art.24. The provisions of the State Property Act, the Obligations and Contracts Act and those of the effective regulations applicable to the respective case shall apply to everything not mentioned in this contract.

Art.25. In case of changes in the legislation, the parties undertake to revise the provisions of this contract and bring it in line with the amendments that have entered into force.

Art.26. This contract may be amended or supplemented only by mutual consent. Unilateral changes are considered null and void.

Art.27. The provisions of the current legislation of the Republic of Bulgaria shall apply to the issues not settled in this contract.

This contract is prepared and signed in three identical copies - two for the LESSOR and one for the TENANT.

The annexes to the contract are an integral part thereto:

1. Document for submitted performance guarantee;
2. Delivery and Acceptance Report;

FOR THE LESSOR:                                                            FOR THE TENANT:

Annex №10 Draft!

C O N T R A C T***

№.......... /.......... 20...

sale of private state-owned movables sale of private state-owned movables
 

* representing ................................... yield 20..................   ,  yielded from    ........... pcs. of

roadside trees located along the national roads on the territory of

District..............................

Today, ......... 20... in the city of Sofia, between:

1. ROAD INFRASTRUCTURE AGENCY (RIA) with registered office and address of management Sofia 3 Macedonia Blvd., BULSTAT 0006950891, represented by

.................................... - Chairman of the Management Board of the Agency, hereinafter referred

to as SELLER

AND

2.................................................................................................................. with registered office and address of management: ..................................................................................... , with UIC        , represented by ...................................................................................................... , hereinafter referred to as PURCHASER,

pursuant to Art. 21d, item 1 and item 2 of the Roads Act, in connection with Art. 23, r. 2 of Ordinance № 7 of 14.11.1997 on sale of private state-owned movables and Art. 71, para. 1 of RIA's Internal Rules for the organization of work in the management of state-owned properties and movables, provided to the Agency,  in connection with the tender protocol by a commission appointed by Order №    ……….of RIA's MB Chairman and in implementation of RIA's

MB decision, objectified in Protocol № ……….        from a meeting held on…………this contract  was concluded.

I. SUBJECT MATTER AND TERM OF THE CONTRACT

Art.3 This contract is concluded for a period from the date of its signing until the harvest of walnut plantations' yield, but not later than..............................................................................

II. PRICE AND PAYMENT METHOD

Art. 4. The price is the highest reached at the auction, offered by the PURCHASER, and is in the amount of BGN..........................       VAT excl. and in the amount of......................          VAT incl.

Art. 5. The price is paid once by bank transfer to the account................................................ by

payment order №..................................................

3. RIGHTS AND OBLIGATIONS OF THE PURCHASER

Art. 6. The PURCHASER is bound:

1. To maintain the plantations from which he will pick fruits, taking the following care:
2. Liming the trees against pests, which is also a prerequisite for ensuring traffic safety in the road section;

3. Forming the crowns of the plantations, by cutting the dried branches and the branches overhanging the roadway, not allowing the removed branches to pollute the roadside alley, ditches and the roadway in the respective section;

4. Protection of the yield from encroachments;

5. Picking the fruits that become his property by purchase after the respective tender procedure;
    
6. Preventing from pollution the roadside alley, ditches and the roadway in the area where the fruits are harvested;
7. Mowing and clearing of bushes on the roadside alley and the shoulder of the section;
8. The buyer undertakes not to damage perennial crops;
9. The acquired property production should be transported daily by the purchaser in order to prevent the section from contamination. Failure to comply with this obligation is a violation of Art. 25, para. 2, item 5 of the Roads Act, for which the violators shall be issued acts for administrative violation;

10. During the picking of the fruits and maintenance of the alleys, it is obligatory to temporarily organize the traffic in the whole section of the respective alley, under Ordinance № 3 of 16.08.2010 on the temporary organization of the traffic during construction and repair of roads and streets.
 Permission for the temporary organization of the traffic is issued after a request to the DRO Director
 

11. All costs of fulfilling the obligations under the Contract shall be borne by

the PURCHASER who acquires the ownership over the fruits - **, from the moment of

paying the sale price.

12. The PURCHASER is obliged to immediately notify the SELLER of all damages and

encroachments by third parties to perennial crops.

13. The PURCHASER is obliged to bear at his own expense the compensation to all persons who have been harmed during and on the occasion of harvesting the fruits, their protection, or the plant protection measures.

14. The PURCHASER is bound to pay to the SELLER three times the price of each lost plantation.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

Art. 7 The activity for picking and taking care of the alleys is controlled daily by the SELLER -

representatives of DRO-   , appointed by a Director's order. When violations are established, the contractual relations between the parties are to be terminated, and the amount paid for the fruits is not to be refunded to the PURCHASER.

Art.8. During the picking of the fruits and the maintenance of the alleys the SELLER assists in the Temporary organization of the traffic in the whole section of the respective alley, in accordance with the requirements of Ordinance № 3 of 16.08.2010 on the Temporary organization of traffic during construction and repair of roads and streets, and also monitors its implementation by appointing a representative, by order.  The signaling used should meet the regulatory requirements.

Art. 9. The SELLER has the right to receive three times the value of the missing, lost alley/s, subject of this contract. The price of one tree is determined according to current legislation.

Art. 10 The seller does not owe the purchaser a refund of part of the selling price in case the yield of the fruit is not equal to the expected one.

5. SANCTIONS AND COMPENSATIONS

Art. 11. The PURCHASER owes to the SELLER compensation for all damages to permanent crops caused by him or by third parties, which he could and/or has been obliged to prevent, including payment under Art. 6, item 12 of the contract.

6. TERMINATION

Art. 12. The contract is terminated upon expiration of the term specified in Art. 3;

Art. 13. The contract may be terminated unilaterally by the SELLER without notice in case of non-fulfillment of obligations undertaken by the PURCHASER, as in case of established violations the contractual relations are to be terminated immediately and the amount paid for the fruits is not to be refunded to the PURCHASER.

VI. GENERAL PROVISIONS

Art.15. Amendments and supplements to this contract can be made only with an additional written agreement/annex / signed by the parties to the contract.

Art. 16. The parties to this contract agree to resolve any problems arising from its applying, operation and termination by mutual agreement, and in the event that such is not reached, to refer the dispute to a competent court.

This contract is prepared and signed in 3/ three / identical copies -1 /one/  for the PURCHASER and 2 / two/  for the SELLER.

The following represents an integral part of the contract:

1. Payment order;
2. List of sections with roadside trees - ** on the territory of

DRO....................

FOR THE SELLER:                                                  FOR THE PURCHASER:......................

CHAIRMAN OF THE ROAD INFRASTRUCTURE AGENCY

RIA CHIEF ACCOUNTANT^[1]

Annex №11 Draft!

MINISTRY OF REGIONAL
 DEVELOPMENT AND PUBLIC WORKS

ROAD INFRASTRUCTURE AGENCY

ORDER

№.................................

city of Sofia

Pursuant to Art. 21d, item 1 and item 6 of the Roads Act, Art. 30 of the State Property Act, in connection with Art. 102, para 3 of RISPA, Art. 92, para. 1 and para. 2, in connection with Art. 88 of RIA's Internal Rules for the organization of work in the management of state-owned properties and movables, provided to the Agency and pursuant to the Decision of RIA's Management Board, objectified in Minutes № ………/………….        from meeting,

held on................................

I DETERMINE:

1.............................................................................. UIC ……………for TENANT of

private state-owned movables, specified in Report with  reg. №.........................................

I ORDER:

2. The Director of DRO- ....................................  to conclude rental contract

for temporary and remunerative use of .... …snowplows - …………………..(brand) with reg. № ,

…………..without conducting tender, with ............................................................                        

3. For the fulfillment of the obligation under this order, the director of DRO -     ………….. has to be authorized to conclude a contract with the tenant under item 1 for a term of up to 4 (four) months, but not later than 31.03.20, with a monthly rental price in the amount of BGN …………(       ) incl. VAT.

I assign the control over the order execution to the Risk Analysis and Operational Control Directorate director.

CHAIRMAN OF THE ROAD AND AGENCY’S MB

Annex №12 Draft!

MINISTRY OF REGIONAL
 DEVELOPMENT AND PUBLIC WORKS

ROAD INFRASTRUCTURE AGENCY

power of attorney

№

The undersigned -.................................................................................................          

Chairman of the Road Infrastructure Agency’s MB

with registered office and address of management: city of Sofia 3 Macedonia Blvd., on the grounds of Art. 21d, item 1 and item 6 of the Roads Act, Art. 30 of the State Property Act, in connection with Art. 92, para. 3 of RIA’s Internal Rules for the organization of work in the management of state-owned properties and movables, provided to the Agency and pursuant to the Decision of RIA’s MB, objectified in Minutes № ...... /        from a meeting held on .... and Order №...........................................................................

I AUTHORIZE:

.........................................................           , Director of District Road

Office - ................................................. on the following:

1. To conclude rental contract for temporary and remunerative use of                   , without conducting a tender, with…………………………………………..which is a party under contract №                  on the maintenance of national roads on the territory of                                   district, for 4 (four) months, but not later than March 31, 20....., as follows:

................................... , with reg.  №......................... with a monthly rental price

of BGN .................. VAT incl.

2. The contract should reflect the requirements for the operation of the leased movables, adopted by RIA's MB by Protocol № 51/2009 of 18.11.2009, namely:
 

To be used for their intended purpose;

Not to be given to third parties, as well as not to be remised in any form, including by a contract for joint activity;

To be used only when driven by experienced drivers approved by the specialized unit managing the movables;

Due care to be taken of them when used by the tenant;
 

Lessor to be paid the accepted monthly rent;
 

All costs related to current maintenance and
 

repair to be paid by the tenant;

The costs for consumables (batteries, fuels, lubricants, auxiliary materials, current repairs and maintenance, etc.) are at the expense of the tenant company, which is a contractor of the public procurement for maintenance;
 

After the termination of the rental contract on the said property, the tenant company is obliged to hand it over to the respective DRO, in good condition, taking into account the usual wear and tear, by an acceptance-delivery protocol, together with all documents submitted for the movable's rental use.
 

A copy of the concluded contract and the drawn-up acceptance-delivery protocol should be submitted to the "Administrative Services, Human Resources and Property Management" Directorate for information.

GEORGI TERZIYSKI

CHAIRMAN OF THE MANAGEMENT BOARD

OF THE ROAD INFRASTRUCTURE AGENCY

Approved by:

DRO Director

LIST

Of the participants with................................ plantations

on the territory of DRO-............................... ,

yield 20. .. subject to open/secret bidding auction

 AUCTION CONDUCT CHECK LIST