« Back to Search« Back to SearchSearch » Procurement of service for preparation of software solution for implementation of the procedures pursuant to the law on construction land.  Ministry of Transport and Comunication — Macedonia

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

  Skopje Macedonia — Ministry of Transport and Comunication — Macedonia
Published October 30, 2015
|
Notice type
Award notice
Winner
LIREKS DOOEL — Skopje
The Contractor is obliged to deliver and install the contract subject in the premises of the Ministry of Transport and Communications within 4 months as of the day of the contract signing, 3 months for preparation and 1 month to conduct the training and testing. The delivery and installation term shall commence as of the day of the contract signing. Minutes shall be compiled and signed for the software hand over/takeover by the technical persons of the Contracting Authority and the economic operator, thus guaranteeing the technical and functional regularity of the software. Form and signing of the bid The bid is submitted in electronic form via the Electronic System for Public Procurement (ESPP) and it should be electronically signed by using a digital certificate from the responsible person of the economic operator or person authorised by the responsible person of the economic operator. If the bid is signed by a person authorised by the responsible person, the authorisation for signing of the bid signed by the responsible person should also be enclosed. More detailed information for the manner of digital signing is comprised in Annex 1 of the “Rulebook on the use of Electronic System for Public Procurement (ESPP)” posted on the home page of ESPP in the part “Economic operators”. The bid is signed electronically by using a digital certificate issued by a registered certificate issuer in the Ministry of Finance of the Republic of Macedonia (currently KIBS and Makedonski Telekom). Foreign economic operator can sign the bid electronically by using qualified digital certificate issued by a registered certificate issuer with headquarters in the European Union. In case of using qualified certificate issued from a certificate issuer with headquarters in a third country, the certificate shall be deemed valid if one of the following 3 conditions is met: — the issuer meets the conditions for qualified certificate prescribed with the Law on data in electronic form and electronic signature (“Official Gazette of the Republic of Macedonia“ number 34/01, 6/02 and 98/08) and is voluntarily accredited in the European Union; or — registered domestic issuer guarantees for the foreign certificate as having issued the certificate itself; or — such is agreed with bilateral or multilateral international agreement concluded between the Republic of Macedonia and another country or international organization. The Commission reserves the right if in the course of evaluation there are doubts regarding the validity of the used certificate, or if the certificate issuer requests additional information or documents which prove the certificate validity. The digital certificate holder with whom the documents presenting integral part of the bid (financial and technical bid, statements) are signed, must be the authorized signatory of the legal entity (economic operator) or a person empowered by the authorised signatory. In order to issue a certificate to a person who is not authorized signatory of the economic operator, such person should provide authorisation (power of attorney) from the authorized signatory (manager) of the legal entity; however when such person — certificate holder signs a bid, it should enclose the power of attorney as an integral part of the bid. The power of attorney shall be deemed valid if enclosed in: a) electronic form signed with digital certificate of the manager; b) scanned form with seal and personal signature of the manager; or c) hard copy, with seal and personal signature of the manager. he bids signed with digital certificate whose holder is a person having no authorization for bid signing shall be rejected as bids with formal insufficiencies. 6.8. Manner of submitting the bid and the accompanying documentation The bids can be only submitted by the economic operators which have obtained the tender documentation via the ESPP. The Contracting Authority can also accept a bid from economic operator which has not obtained the tender documentation via the ESPP; however the Contracting Authority shall not be obliged to submit the possible modifications and amendments to the tender documentation to such economic operators. The economic operator shall submit the bid in electronic form via ESPP. The bid submitted via ESPP should be electronically signed by the economic operator by using a digital certificate issued by a registered certificate issuer in the Republic of Macedonia, or renowned and recognized foreign certificate issuer. The economic operator shall submit the accompanying documentation (documents for proving the personal status, capability for performance of professional activity, economic and financial standing, technical or professional capability, minimum criteria, CV of the team members, catalogues and other) in original or in scanned electronic form. The economic operators may submit the required accompanying documentation in hard copy before the deadline for electronic bid submission if such documentation is unavailable in electronic form, by mail or personally handed over in the archive of the Ministry of Transport and Communications, in a sealed internal envelope on which the full name and address of the economic operator shall be stated. The internal envelope sealed in such manner is then closed in an external envelope which shall: — indicate the exact address of the Contracting Authority; — contain information on the number of the announcement for awarding the public procurement contract and the date of its announcement; — contain in the upper left corner the warning “Do not open” in order for it not to be opened before the time and date of opening the bid. 6.9. Costs for bid submission The economic operator shall bear all costs related to the preparation and submission of the bid and the Contracting Authority shall not be held responsible for such costs, regardless of the conducting and outcome of the procedure for awarding public procurement contract. The costs incurred in relation with the preparation and submission of the bid shall be borne by the bidder and such costs shall not be recognized. The bidder shall bear the risks related to the bid submission, including the Force Majeure. 6.10. Alternative bids No alternative bids shall be allowed in this procedure for awarding public procurement contract. TECHNICAL SPECIFICATIONS INFORMATION SYSTEM FOR CONDUCTING PROCEDURES PURSUANT TO THE LAW ON CONSTRUCTION LAND SYSTEM DESCRIPTION The Law on Construction Land regulates the rights and obligations with regards to the construction land, arrangement of the construction land, conditions and manner of disposal with the construction land. The information system should have a special focus on the guarantee of the rights of the entities included in the procedure, prevention of misuse of any kind, as well as efficient and timely implementation of the procedures arising from this Law by all competent bodies. Within this context, the information system should especially reflect all administrative and court procedures initiated pursuant to the Law on construction land, archiving and verification of the acts and documents arising from the procedure, the action of the competent notary public, second-instance bodies deciding upon complaints against the acts in the procedures, the procedures of competent courts acting in the procedures for appeals against the acts of second-instance bodies, as well as the procedures including other competent bodies which are competent to give their opinion or consent throughout the procedure. The information system should ensure implementation of the procedures which shall end with determining the loads and limitations of the construction land, in ownership of the Republic of Macedonia, and especially establishment of the right to use, easement, lease, actual load, mortgage and other rights to the construction land that need to be brought in a phase prior recording thereof in the property deed of the land, which shall be further performed in the information system of the Real Estate Cadastre Agency. Hence, this system shall mandatorily ensure legal action related to the rights to temporary facilities, facilities owned by Republic of Macedonia, facilities owned by the municipalities, municipalities in the City of Skopje i.e. the City of Skopje and facilities owned by the public enterprises, which are not registered in the public ledger for registering rights to real estate or for which there is a danger of demolition. Construction land is a good of general interest for the Republic and is specially protected in a manner and under conditions stipulated by Law, therefore the information system should ensure the highest level of system security, identification of the bodies, officers, persons and entities involved in the procedures, which requires evident recording of the date and time of notification, movement of the subject, review of the activities of each user, validity of the electronic signature and other safety features and security of the administrative action. This system should also ensure action of all authorized entities for acquiring rights based on legal act, as well as managing procedure for sale and long-term or short-term lease, procedure for exchange, establishing right to actual easement, assignment of the right to construction, or establishing other actual rights in a procedure stipulated with the Law on construction land or other law. With reference to the aforementioned, it is important to consider the fact that the construction land, in ownership of the Republic of Macedonia, shall be sold or given under long-term or short-term lease by means of public bidding and direct agreement for which the information system needs to ensure all procedures to be entirely conducted by using electronic means in accordance with the conditions stipulated by Law. FUNCTIONAL UNITS The information system should encompass the following functional units which can be self-sufficient and independent units or to be mutually connected. The information system shall encompass the following functional units (modules): 1. Module for ELECTRONIC ARCHIVE 2. Module for ELECTRONIC AUCTIONS FOR SALE AND LEASE of construction land (e-auction) 3. Module for electronic management of DIRECT AGREEMENT procedures 4. Module for electronic management of the procedure for ESTABLISHING THE RIGHT TO EASEMENT — TO BE DELETED! 5. Module for PROCEDURE SUPERVISION 6. Module for MERITORIOUS DECISION-MAKING 7. Module for electronic management of the procedure upon stated COMPLAINT AGAINST ADMINISTRATIVE ACT or APPEAL AGAINST ACT OF SECOND-INSTANCE BODY 8. Module for ELECTRONIC PAYMENT OF COMPENSATIONS AND FEES 9. Module for REGISTER OF CONTRACTS ON SALE AND LEASE OF CONSTRUCTION LAND 10. Module for AUTOMATIC ELECTRONIC SIGNING OF INDIVIDUAL ACTION AND AUTOMATIC SIGNING OF ACTS AND DOCUMENTS FROM THE PROCEDURE 11. Module for USER ROLES IN THE SYSTEM 12. Module for ELECTRONIC REGISTRATION AND ACTION OF THE REQUESTOR 13. Module for FORWARDING CASE FROM ACTUALLY UNAUTHORIZED BODY TO THE ACTUALLY AUTHORIZED BODY 14. Module for AUTOMATIC MONITORING OF THE DEADLINES AND NOTIFICATION FOR EXCEEDING SUCH DEADLINES 15. Module for AUTOMATIC NOTIFICATION BY E-MAIL OR SMS 16. Module for ESTABLISHING VALIDITY AND EXTRAORDINARY LEGAL REMEDIES DETAILED DESCRIPTION OF THE FUNCTIONALITIES A. MODULE — ELECTRONIC ARCHIVE The request with the documentation enclosed to the request and the acts and documents adopted i.e. prepared by the competent body should be archived accordingly in the electronic register which should be integral part of the information system. Upon receiving the request and the documents enclosed thereto, it shall be submitted to the archivist of the competent body which shall enter the case in the electronic register. When entering the case and the acts and documents in the procedure, the Law on archive operation shall apply in its entirety, whereas the information system shall especially contain the data in the following order: Ordinal Number Request acceptance date Submitter of the request or ex-officio Brief content of the request Minutes for actions upon the procedure (with number and date) Conclusion (with number and date) Resolution upon request (with number and date) Settlement date Submitted upon non-reaction of the administration Article 129-a of LGAP Complaint submission date Work of the first-instance body upon complaint Complaint submission date to the second-instance body or request for non-reaction of the administration For rejection For termination For interruption For permit for performance Annulled Rejected Revoked Within the legal term Upon expiry of the legal term Adopted decision Non-adopted decision Prohibited Untimely Stated by unauthorised person The first-instance decision is replaced 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The information system should ensure appropriate registration of the documentation in electronic form in the phase before submitting thereof to the submitter or to other competent body within the procedure i.e. registration of the status of the act before and after its completeness, effectiveness, cancellation, etc. This functional module should be available for all competent bodies and the bodies to which a request was addressed by the competent body for taking particular legal action, i.e. to provide their own opinion. B. MODULE — ELECTRONIC AUCTIONS FOR SALE AND LEASE This module can be accessed by all authorized state officials within the competent body conducting the procedure for sale or lease of construction land owned by the Republic of Macedonia by means of electronic public bidding. The administrator within the body shall provide access to the Commission members, which conducts the procedures pursuant to the Law, so that the Commission members can further access this module for the purpose of SCHEDULING AN AUCTION: In order to schedule an auction, the following data and documentation should be entered electronically: — Electronic form of the announcement; — Creation of electronic public bidding; — Data on construction land; — Data on urban planning documentation; — Date, time, hour and minute of the commencement of the electronic public bidding; — Duration of the public bidding (the public bidding cannot last less than 15 minutes. The public bidding shall be deemed completed at the moment when the time specified in the announcement expires, whereas if there is a bid from the participants after the expiry of the last two minutes from the time determined for duration of the public bidding, the deadline for completion of the public bidding shall be prolonged for additional two minutes and shall end when there is no other bid from the participants within the next two minutes. The public bidding shall continue without limit, as long as there is a new bid within the time interval of two minutes); — Definition of initial price per m2 and minimum step bidding per m2; — Deadline for submission of applications for participation; — Definition of the necessary documentation for participation in the public bidding; (mandatory: nationality or proof for registration and bank guarantee for importance of the bid. optional: balance sheet and profit and loss account issued by a competent body or an audited profit and loss account verified by an authorized audit company, proof for ownership issued by competent body, proof for number of employees issued by a competent body, bank guarantee for fulfilment of the obligations from the contract on sale or long-term lease of the construction land, proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity that ranks on one of the renowned world stock exchanges or if it is a legal entity controlled by a regulatory body and a proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity, possesses appropriate license or is specialized for construction or management of facilities subject of the public announcement); — Documentation in electronic form related to the respective construction land; — Review of applications for participation; — Approval or rejection of the applications for participation; — Review of the progress of the public bidding. The module should ensure entering of the aforementioned data via specially determined form for scheduling auctions. The scheduled auctions should be presented in a special review with the title SCHEDULED AUCTIONS. The members of the Commission should be able to review the details of the scheduled auction via the special button DETAILS. Once the user — Commission member reviews the information on the scheduled auction via the button DETAILS, additional browser should exist in order to enable review of the arrived electronic applications for participation in the public bidding. In the course of each particular review of the arrived applications, the user — Commission member should be able to approve the application or reject thereof by acting via the module itself. Upon the expiry of the deadline for submission of the applications, the Commission shall determine whether the applications are completed and submitted in line with the conditions from the announcement. The Commission shall notify the submitters of the applications for the completeness thereof electronically, within 24 hours upon the expiry of the deadline for submission of the applications, whereas the Commission shall submit username and password for participation in the public bidding to the submitters of the applications who submitted the complete documentation, and to the submitters of the applications without complete documentation the Commission shall submit a notification with explanation stating that they will not participate in the public bidding. The Commission shall not be able to see how many applications for participation in the public bidding have arrived until the expiry of the deadline for submission of the applications. The submitter should be notified of the application status via automatically predefined e-mail or SMS This module should also contain browser of auctions which ended with the possibility for review of the submitted applications, the progress of the bidding and the overall procedure before or after the conducted electronic public bidding with the appropriate documentation. SUBMISSION OF APPLICATIONS FOR PARTICIPATION ON THE SCHEDULED PUBLIC BIDDING Upon scheduling the auction, the information entered in the system via SCHEDULE AUCTION function should be displayed on the home page in the group with title SCHEDULED AUCTIONS with the option to choose per municipality and purpose of the construction parcel, date and time of holding the auction. ONLY THE REGISTERED SYSTEM USERS (every natural person and legal entity) should be able to submit electronic application for participation on the respective scheduled electronic auction via predefined form for entry of the data and documentation to the application. The users who are not registered shall be able to review the scheduled auctions with the information thereto in their entirety, without the possibility to submit application for participation in the public bidding. The electronic application for participation in the public bidding is a predefined form containing the following: — data on the application submitter (name and surname or title, address of residence i.e. headquarters, telephone number, e-mail address); — attaching previously defined documentation for participation in the public bidding; (mandatory: nationality or proof for registration and bank guarantee for importance of the bid. optional: balance sheet and profit and loss account issued by a competent body or an audited profit and loss account verified by an authorized audit company, proof for ownership issued by competent body, proof for number of employees issued by a competent body, bank guarantee for fulfilment of the obligations from the contract on sale or long-term lease of the construction land, proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity that ranks on one of the renowned world stock exchanges or if it is a legal entity controlled by a regulatory body and a proof that the legal entity i.e. the founder of the legal entity, should the legal entity applying for participation in the public bidding is a legal entity registered in the Republic of Macedonia founded by a foreign legal entity, possesses appropriate license or is specialized for construction or management of facilities subject of the public announcement). The scheduled auction for each particular parcel should be visible on the home page of the software application with the possibility for submission of the electronic application for participation from all interested legal entities and natural persons. With the selection of the announced auction, submission of application for participation on the auction for the parcel shall be enabled for a respective parcel with the overall accompanying documentation. In case when the application submitter is not previously registered, the system should automatically address such person to the electronic form for registration of new user. Only the registered users can submit application for participation in the public bidding. The acceptance of the application for participation together with the documentation shall be registered in the electronic archive, approved by the Commission formed by the competent body, which establishes that the application for participation is approved via the information system, whereby the application submitter shall be immediately notified that such application has been approved and that access to the public bidding has been approved which shall be sent via automatic e-mail and SMS message. The system should generate a report on the submitted applications for participation in the public bidding, by sorting the applications on: APPROVED and REJECTED. The report should contain the following: name and surname/title of the application submitter; address/headquarters; mail address of the application submitter; time and date of submitting the application; application status: approved or rejected; the report should be archived in the electronic archive During the period of holding the scheduled auction, the submitter of the application for participation in the public bidding shall enter the username and password on the login page and the information system shall directly display the respective public bidding which is recognisable according to the particular password. The system should independently generate particular MINUTES from the conducted procedure for public bidding which shall be registered in the electronic archive/log book and it shall be automatically submitted to all participants in the public bidding via the information system. With the archiving the system shall immediately submit the minutes to the participants in the public bidding. Upon submitting the minutes The completed auction shall be transferred in a special browser with the title COMPLETED AUCTIONS as a documentation in electronic form of permanent value. The overall documentation should, depending on the outcome of the procedure, be provided and possibly awarded to a second-instance body (determined in accordance with this tender documentation) or to a competent Administrative Court. PUBLIC BIDDING The public bidding shall commence with the announcement of the initial price per m2 for the respective construction land. The participants in the public bidding have the possibility to increase the price of the construction land per m2, with minimum step which is previously defined. Besides the amount of the price of the construction land per m2, the system should display the total offered price of the construction land (offered price per m2 x surface in m2 of the construction parcel). The participants in the public bidding can see only the last offered price per m2 i.e. the total offered price of the construction land, without knowing who offered such price. The system must not allow two or more bidders to give identical price at the same time; therefore the system shall accept only the price which was first entered by the bidder. Throughout the entire duration of the public bidding, the system shall display to all participants that their price is the highest one, except to the bidder who at the moment offered the highest price and therefore the system shall display "you price is currently the highest" to such bidder. In the course of the public bidding the system should also display the duration of the public bidding, as well as the time that remaining until the end of the auction. COMPLAINTS Upon the submitted minutes, the participants in the public bidding shall be entitled to file a complaint in writing to the body. The Commission member shall establish that complaint was filed into the system and shall attach the filed complaint in electronic form (scanned) and connect it to the bidder by selecting the appropriate auction and the list of bidders. The bidder shall be notified of the complaint status. The Commission shall decide upon the complaint with decision/conclusion which shall be submitted to the archivist via the system, who shall send the decision/conclusion to the bidder. The party shall be entitled to file an appeal against the decision/conclusion adopted by the Commission, upon filed complaint, within 15 days by using electronic means. The procedure for public bidding shall end upon the expiry of the deadline for filing complaint, if there is no filed complaint, whereas the system shall establish the following: COMPLETED PUBLIC BIDDING. The procedure for public bidding shall be completed upon adopted decision, if there is no appeal filed against such decision, and in case when an appeal is filed, the procedure for public bidding shall be deemed completed upon the effectiveness of the decision/conclusion, which shall be established in the electronic system and the public bidding shall have the following status: COMPLETED PUBLIC BIDDING. If the complaint/decision with regards to the complaint for public bidding has been considered, the system should enable: — cancellation of the public bidding and scheduling of new public bidding with the same participants; — cancellation of the public bidding, without the possibility for scheduling of new public bidding with the same participants. Upon the completion of the procedure for public bidding, the Commission should submit a request for opinion via the electronic system to the State Ombudsman Office of the Republic of Macedonia with regards to the drafttext of the contract on sale or long-term lease of the construction land owned by the Republic of Macedonia. The system should alarm the Commission for the expiry of the deadline of 3 days. The State Ombudsman Office of the Republic of Macedonia is obliged to provide its opinion regarding the drafttext of the contract on sale or long-term lease of the construction land owned by the Republic of Macedonia, via the electronic system within 30 days as of receiving the request for opinion. If the State Ombudsman Office of the Republic of Macedonia does not provide its opinion within 30 days, it shall be deemed that the opinion regarding the aforementioned is affirmative. If the opinion of the State Ombudsman Office of the Republic of Macedonia is negative or in case of specified remarks that should be removed, the system should allow the Commission to attach additional documentation and new text of the draft-contract and to submit it once again in order to obtain opinion from the State Ombudsman Office of the Republic of Macedonia, upon which the State Ombudsman Office should submit another opinion from the Commission. If the opinion of the State Ombudsman Office of the Republic of Macedonia is affirmative, the Commission should submit a notification for selection of most advantageous bidder within three days via the electronic system to the most advantageous bidder (defined form generated by the system). The most advantageous bidder is obliged to effectuate the funds within 15 days as of receiving the notification for selection of most advantageous bidder to the Commission and to submit proof for the effectuated payment via the electronic system. If the most advantageous bidder fails to effectuate the funds within the deadline of 15 days, it will be recorded in the electronic system that the bank guarantee for importance of the bid is activated and that the contract shall not be concluded. If the most advantageous bidder effectuates the funds and cannot conclude a contract on the basis of the submitted documentation, the funds shall not be returned to the bidder, the bank guarantee for importance of the bid shall be activated and the contract shall not be concluded and all of the aforementioned will be established in the system. If the State Ombudsman Office provides negative opinion and if the terms and conditions for conclusion of the contract are not met, the Commission is obliged to submit notification to the most advantageous bidder via the electronic system that the contract shall not be concluded. CONCLUDING A CONTRACT If the submitter submitted a proof for effectuated payment of the compensation within the foreseen deadline, the Minister/Mayor shall sign the contract within 5 days with electronic signature and submit thereof to the most advantageous bidder for signing within an additional period of 5 days (with the function SIGN CONTRACT). In case when the most advantageous bidder does not sign the contract, the system should inform the Commission which will be able to establish that the terms and conditions for contract signing have not been met. After the most advantageous bidder signs the contract, the Commission can select a competent municipality within 1 day to which it shall submit a request together with the concluded contract in order to calculate the amount of the real estate tax. The municipality shall adopt a Decision pursuant to the Property Tax Law which shall be attached in the system in scanned form and submitted to the most advantageous bidder. Upon receiving the decision via the system, the most advantageous bidder can submit a proof of effectuated payment of the tax within 15 days. The effectuated payment is confirmed by an official from the municipality (role — payment check), via the system upon which the submitter is allowed to submit the contract for verification thereof at a notary public within 15 days. In such case, the submitter shall have the list of territorially competent notaries predefined according to the location of the land. The notary public addressed by the submitter shall confirm that the terms and conditions for verification are met, prepare a notary act and attach thereof in the system, upon which the respective body and the submitter will be able to sign the notary act within 30 days as of submitting the contract at the notary public. In case when the notary act is not signed solely by the most advantageous bidder within the planned period, the system should restrict such possibility for the most advantageous bidder, submit the case to the official in order to prepare statement for unilateral contract termination and attach such statement in the system and submit thereof to the most advantageous bidder and the notary public. In case when the body, the submitter and the notary public sign the notary act within the foreseen deadline, the case shall have the status VERIFIED and the notary public shall prepare calculation and submit thereof to the submitter via the system, and the submitter shall be able to submit proof for effectuated payment. The notary public shall confirm the registration of the rights in the cadastre in the system, upon which the case shall have the status CASE CLOSED. D. MODULE — ELECTRONIC MANAGEMENT OF PROCEDURES FOR DIRECT AGREEMENT, EASEMENT, PERMANENT USE AND ASSIGNMENT OF THE RIGHT TO OWNERSHIP This module presents electronic submission of request to the competent body as follows: 1. Request for sale of construction land owned by the Republic of Macedonia with direct agreement for the need of the religious communities for construction of religious facilities foreseen with the urban development plans. 2. Request for sale of construction land owned by Republic of Macedonia with direct agreement for the need of the diplomatic and consular offices for constructions of diplomatic and consular facilities. 3. Request for sale of construction land owned by Republic of Macedonia with direct agreement for forming the construction parcel foreseen with the urban plan if the person owns more than 30 % of the construction parcel and if no construction of facilities of public interest is foreseen with the plan of such parcel stipulated by Law. 4. Request for sale of construction land owned by Republic of Macedonia with direct agreement of the owners of facilities or special parts of the facilities, built with construction-technical documentation and recorded in the public ledger of real estate that do not possess an act on the assignment of the right to use construction land. 5. Request for sale of construction land owned by the Republic of Macedonia with direct agreement of the owners of facilities or special parts of facilities, for which a decision was adopted pursuant to the Law on determining the status of illegally built facilities, on the basis of which they were recorded in the public ledger of real estate. 6. Request for sale of construction land owned by the Republic of Macedonia with direct agreement based on the ownership of facilities and special parts of the facilities recorded in the public ledger for registering the rights to real estate with the justified right to long-term lease and paid lease fee and other fees arising from the contract on long-term lease for the current year. 7. Request for lease of construction land owned by the Republic of Macedonia with the purpose for construction of facilities of public interest stipulated by law. 8. Request for right to short-term lease of construction land owned by the Republic of Macedonia intended for beaches in front of the constructed catering facility, as well as the land for organization of the construction site 9. Request for the right to permanent use of the construction land owned by the Republic of Macedonia. 10. Request for assignment of the right to ownership of construction land owned by the Republic of Macedonia. 11. Request for establishing the right to actual easement of construction land owned by the Republic of Macedonia. Each of the aforementioned requests should be predefined in a special electronic form with the specified mandatory and optional accompanying documentation. Upon the selection of the request type by each registered user, the information system must specify the necessary data and the accompanying documentation which should be attached in electronic form by the submitter and shall enable appropriate attachment thereof. If the request does not contain all necessary data and the documentation defined with the electronic form, the system shall automatically restrict the submission until the request is attached in complete form. The overall documentation shall be attached strictly in PDF format. The request with the overall accompanying documentation should be signed automatically with digital certificate — electronic signature in the information system, whereas each document should be separately signed with one click on the button SIGN AND SUBMIT. NECESSARY DOCUMENTATION FOR THE REQUESTS AND ACTING UPON THE RECEIVED REQUEST BY THE COMPETENT BODY (separately for each procedure) Upon the acceptance of the request via the information system, it shall be registered in electronic register/log book. The registered request shall be forwarded to the Head, and upon the insight in … DIRECT AGREEMENT I.1 Request for sale of construction land owned by the Republic of Macedonia for the needs of the religious communities and construction of religious facilities foreseen with the urban development plan or the urban planning documentation, upon previously obtained consent by the Commission for relations with religious communities and religious groups In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; — Consent for construction of religious facility on the respective construction land by the Commission for relations with religious communities and religious groups; and — Proof of registration of the religious community pursuant to the law. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.2. Request for sale of construction land owned by Republic of Macedonia for the needs of the diplomatic and consular offices for construction of diplomatic and consular facilities In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; — Opinion from the Ministry of Interior. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory *this request can be submitted solely to the Ministry of Transport and Communications I.3. Request for sale of construction land owned by the Republic of Macedonia for forming of construction parcel foreseen with the urban development plan or urban planning documentation if the person owns more than 30 % of the construction parcel In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed which at the day of submission is not older than 30 days, with recorded right to ownership of submitter of the request, for the construction land which is beyond 30 % of the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; — Property Deed for the facility if the construction land is built construction land, which until the day of submission is not older than 30 days; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.4. Request for sale of construction land owned by Republic of Macedonia to the owners of facilities or special parts of the facilities, built with construction-technical documentation and recorded in the public ledger for registering the rights to real estate, who do not possess an act for assignment of the right to use construction land of real estate. In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and Surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed which until the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.5 Request for sale of construction land owned by the Republic of Macedonia by owners of facilities or special parts of facilities registered in the public ledger for recording rights to the real estate, of construction land for which they have established the right to long-term lease, if the facilities have been built in accordance with the urban development plan or the urban planning documentation and if they have paid the lease for the current year and other levies arising from the long-term lease contract In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Contract on establishing the right to long-term lease; — Extract from the urban development plan or urban planning documentation with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed which at the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request; — Property Deed for the construction land in ownership of the Republic of Macedonia, which at the day of submission is not older than 30 days, where the established right to long-term lease has been recorded; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which until the day of submission is not older than 6 months; — Proof of paid lease until the time of submission of the request; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.6 Request for sale of construction land owned by the Republic of Macedonia by owners of facilities or special parts of facilities for facilities for which a decision has been made pursuant to the law for determining the legal status of illegally constructed facilities based on which they have been registered in the public ledger of real estate In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Decision on determining the legal status of illegally constructed facility; — Extract from the urban development plan or urban planning documentation, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel or a geodetic survey report for forming a special cadastre parcel for the construction land under the building/facility/ part of facility, and the building/facility/part of facility has acquired the legal status in procedure in accordance with the Law on handling illegally constructed facilities, — Property Deed which until the day of submission is not older than 30 days, with recorded right to ownership of the facility or a special part of the facility by the submitter of the request; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.6 Request for giving under long-term lease of construction land owned by the Republic of Macedonia for construction of facilities of public interest stipulated by law In the Request it should be possible to enter the following data: — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with defined construction parcel, i.e. infrastructure project with the determined area for construction, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel, i.e. the area for construction determined with the infrastructure project; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.7 Request for giving under long-term lease of construction land owned by the Republic of Macedonia intended for construction of facilities planned with projects or work program of state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia or the Assembly of the Republic of Macedonia — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation with defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof that the construction of the facilities has been planned with projects or work program of state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia or the Assembly of the Republic of Macedonia; and — Proof of registration of the submitter of the request. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.8 Request for giving under short-term lease of construction land owned by the Republic of Macedonia planned for beaches in front of constructed catering facility, as well as the land for organizing the construction site — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan or urban planning documentation; — Urban development technical documentation for arranging the beach, i.e. a project for preparatory works for organizing the construction site, which until the day of submission is not older than 6 months — Geodetic survey report with numeric data prepared based on the urban development — technical documentation, i.e. project for preparatory works; — Property Deed with registered right to ownership of the catering facility in front of a beach, which at the day of submission is not older than 30 days, i.e. extract from the an urban planning documentation and proof of the right to build a facility for which the construction site is organized, which until the day of submission is not older than 6 months; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration if the submitter of the request is a legal entity, i.e. a photocopy of the personal ID card or passport if the submitter of the request is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.9 Request for granting the right to permanent use of construction land owned by the Republic of Macedonia to the municipalities, municipalities in the City of Skopje and the City of Skopje, state bodies, public enterprises and other entities established by the Government of the Republic of Macedonia, the Assembly of the Republic of Macedonia or the municipalities, municipalities in the City of Skopje and the City of Skopje. — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Extract from the urban development plan, urban planning documentation or infrastructure project with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration of the submitter of the request. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.10 Request for assignment of the right to ownership of construction land owned by the Republic of Macedonia intended for construction of facilities planned with projects or work program of public enterprises and joint-stock companies established by the Government of the Republic of Macedonia and the Assembly of the Republic of Macedonia — Data on the submitter of the request (Name and surname/ Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation — Extract from the urban development plan, urban planning documentation or infrastructure project with the defined construction parcel, which until the day of submission is not older than 6 months; — Geodetic survey report with numeric data and with the list of data for forming the construction parcel; — Property Deed for the construction land in ownership of the Republic of Macedonia, which until the day of submission is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration of the submitter of the request. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory I.11 Application for establishing the right of easement — Data on the submitter of the request (Name and Surname/Title of the legal entity, address of residence/ headquarters, contact telephone number, e-mail address); — Data on the construction land that is subject of the request (Cadastre Parcel/ Construction Parcel); — Enclosing the required documentation: — Proof of the right to build a facility of public interest as defined by law or proof of ownership of a facility of public interest; — Extract from the urban development plan, urban planning documentation or infrastructure project design of line connections under the Law on Spatial and Urban Planning, which to the date of application is not older than 6 months; — Geodetic Survey on numeric data completed in accordance with the urban development plan, urban planning documentation or the infrastructure project designs; — Property Deed for the construction land owned by the Republic of Macedonia, which to the date of application is not older than 30 days; — Certificate of historic review of performed registrations in the Real Estate Cadastre Agency for the respective construction land that is in ownership of the Republic of Macedonia for the period from the date of establishment of land cadastre in the cadastre municipality, with identification of the cadastre parcel and the cadastre municipality, which at the day of submission is not older than 6 months; and — Proof of registration, if the request submitter is a legal entity or a photocopy of the identity card or passport if the request submitter is a natural person. *the request cannot be submitted unless all documents have been attached *there should be an option “other evidence” which should not be mandatory II. DIRECT AGREEMENT PROCEDURE — The Applicant (natural person, legal entity, state authorities/bodies, public enterprises and other entities established by the Government or the Assembly/Parliament of the Republic of Macedonia) submits the application to the Municipality/MTV, — The Municipality/MTV shall notify the Applicant, within 15 days, to amend the application (if the application is found deficient), — If the Applicant fails to complete the Application within 15 days, the Municipality/MTV shall take a Decision on rejecting the Application, — Upon a complete application submitted, within 60 days the Municipality/MTV shall attach the minutes from the inspection performed on-site o If found physical limitations as per the minutes from the performed on-site inspection, the Municipality/MTV shall send the Applicant a request, — A Conclusion for termination or Decision on rejecting the application. — After attaching the minutes from the on-site inspection, if no obstacles present, the Municipality/MTV shall submit a request to DP, within 15 days, for its opinion to the draft-decision and the draft contract. — The DP's opinion to be submitted to the Municipality/MTV within 30 days, — After а positive opinion supplied, the Municipality/MTV will deliver the resolution to the Applicant, with a validity period of 15 days, with option to attach a notice that the applicant waives the right to appeal, — After the payment within 5 days, the Municipality/MTV will submit an Agreement to the Applicant, — The Applicant shall send the signed contract within 1 (one) day to the Municipality/MTV *Notwithstanding, the procedures of Section I.6 and I.7, before a request for an opinion on the draft decision and draft contract to DP, the Municipality/MTV shall obtain the consent of the Government of the Republic of Macedonia. GUIDELINES FOR THE PROCEEDINGS FROM ITEM 1 TO 8 For all the above requirements the process begins with receipt of the request by the Registrar who, after treatment in the information system (given the appropriate registration or reference number in the electronic archive), refers the matter to the head of the department. After inspection of the request received, the head will be able to allocate the subject of process to the head of department, or the individual officer within the authority/body. The official shall note the administrative proceeding in the information system, and generate a corresponding act or prepare documents to be filed for checking by the immediate superior (depending on the selected roles within each authority). The direct manager can conclude the actions of the officer, amend, or return the case for retrial to the officer including his remarks. This phase is necessary in order to ensure repetition as many times as circumstances require. In cases where the immediate manager will agree with administrative actions of officers, the case is forwarded to the Ministry/the Mayor for final signature through the information system and sending it to the applicant. Proceedings of items 1 to 8, which find the application is complete, the information system is required to enable the competent authority to submit a draft act and draft agreement for opinion to the State Attorney's Office, which is to deliver its opinion within 30 days through the information system (positive or negative). The system should enable the State Attorney's Office full access to the documentation of the case for that opinion. If the authority fails to deliver an opinion through the system, within the prescribed period, the opinion shall be deemed positive. The opinion will reach the Registrar, who will record it and submit it to the clerk. If the opinion of the State Ombudsman Office of the Republic of Macedonia is negative, or remarks listed that need to be removed, the system is required to give the employee an option to attach additional documentation and a new text of the draft decision and draft contract and the same again to re-submit for opinion of the State Attorney's Office, after which the State Ombudsman Office again shall deliver its opinion to the Commission. If after the procedure, the opinion of the State Attorney remained negative and the terms for decision-making and signing of the contract are not fulfilled, the officer shall prepare and submit to the Applicant via the electronic system, a decision rejecting the application for sale/lease of the construction land. The procedure continues with the option for filing a complaint to the procedure described below in this chapter. If the opinion is positive, the officer may confirm the draft decision, and the relevant authority shall prepare a Resolution, which shall be submitted to the applicant via the system. With delivery of the resolution, the applicant has the right to appeal within 15 days upon receipt of the same which he may call or state he withholds the right of appeal through the system. If the applicant fails to file a complaint or does not waive his right to appeal after the expiry of 15 days, the applicant shall be prevented of such actions, and the authority is allowed to conclude validity of the act. If the applicant concludes that he waived his right to appeal before the expiry of 15 days, the authority may determine validity of the act at the time he waived his right was cancelled. If the applicant in this stage of the proceedings, filed an appeal through the system, the body conducting the procedure should be instantaneously notified about the appeal with the option to recognize the appeal (using a special button) or to prepare a response to the appeal attached to the system and shall submit the case (to allow access) to the second instance authority through the system. These acts of the authority require the option for attaching all relevant documents to the case in electronic form. The appeal shall be submitted to the Registrar in electronic form for filing in the Register, who after processing sends the case to the officer who initially acted on the subject. The officer has the chance to prepare an act to recognize the appeal or to prepare his response to the complaints submitted by confirmation to the direct manager. If the superior agrees with the findings of the officer, the head manager shall allow access to the file for the appellate body or shall submit the act recognizing the appeal to the Minister or the Mayor, which is delivered to the applicant who again is given the right to appeal or is allowed to conclude that he waived his right to appeal when the system determines legitimacy of the Resolution. The system should enable the applicant to submit evidence of payment of the fee within 15 days of the final decision on accepting the request. If he fails to submit evidence of payment within 15 days, the authority should have the option in its system to conclude that the act passed does not produce legal actions, and will prevent/ disable the applicant to provide additional evidence of the payment. If the applicant submits evidence of payment within the prescribed period, the Minister/Mayor shall sign the contract by use of electronic signature within 5 days and shall send it to the applicant for his signature within additional 5 days (with the function SIGN CONTRACT). In case the applicant fails to sign the contract, the system must notify the clerk, who will be enabled to conclude that the act is annulled, to decide to move the clause and declare the decision as void. The applicant has the right to file a complaint to this resolution through the system (to be described in accordance with item 1). Once the applicant signs the contract it shall be recorded in the archives, and the body will have the option to choose the relevant municipality within one day, in order to submit the request including the contract signed, to perform calculation of the amount of sales tax on real estate. The Municipality shall make a resolution pursuant the Law on Property Tax, and which is attached to the system in scanned form and submitted to the applicant. Upon receipt of the resolution through the system, the applicant shall have the opportunity to submit proof of payment of tax within 15 days. The payment is ascertained by the municipal officer through the system upon which the applicant is allowed to submit the contract for solemnization to the Notary Public within 15 days. In such case the complainant is provided a list of locally relevant notaries predefined in line with the location of the land. The notary public addressed by the applicant, concluded fulfilment of the conditions for solemnization, he shall prepare a notarial act and he shall attach it to the system, which will enable the body and the applicant to sign the notary act within 30 days of filing the contract to the notary. In case of failure signing the notary act within the schedule by the applicant only, the system should limit the option for the applicant, and submit the case to the officer to prepare a statement for unilateral termination of the contract and shall be attached to the system and deliver it to the applicant and the notary public. In case where the authority and the applicant and the notary public to sign a notary act within the prescribed period, the case receives SOLEMNIZED status and the notary public shall prepare a calculation and deliver it to the applicant through the system which has the option to provide proof of payment The notary public shall conclude the registration of rights in the cadastre system in which the entity receives CASE CLOSED status. GUIDELINES FOR THE PROCEEDINGS FROM ITEM 9 TO 10 For all requirements under paragraphs 9 and 10, the procedure begins with receipt of the request by the Registrar who, after treatment in the information system (given the appropriate registration or reference number in the electronic archive), refers the matter to the head of the department. After inspection of the request received, the head will be able to allocate the subject of process to the head of department, or the individual officer within the authority. The official shall note the administrative proceeding in the information system, and generate a corresponding act or prepare documents to be filed for checking by the immediate superior (depending on the selected roles within each authority). The immediate manager can conclude the actions of the officer, amend, or return the case for retrial to the officer including the observations. This phase is necessary in order to ensure repetition as many times as circumstances require. In cases where the immediate manager agrees with the actions of the officer, the case is transferred to the phase GOVERNMENTAL PROPOSAL, following the adoption of the Decision, which shall be attached to the system and the case shall receive CLOSED CASE status. The Ministry of Transport and Communications shall conduct the proceedings of items 9 and 10. In case the application is not complete, the body is qualified to provide information to complete the application for the applicant within 15 days, and in order the applicant to complete it. In failure to fulfil the request within the prescribed period, the authority has the right to notify the applicant that it shall not act upon the request and the case would receive CASE CLOSED status, thereof. GUIDELINES FOR THE PROCEEDINGS OF ITEM 11 For all requirements under item 11, the procedure begins with receipt of the request by the Registrar who, after treatment in the information system (given the appropriate registration or reference number in the electronic archive), refers the matter to the head of the department. After inspection of the request received, the head will be able to allocate the subject of process to the head of department, or the individual officer within the authority. The official shall note the administrative proceeding in the information system, and generate a corresponding act or prepare documents to be filed for checking by the immediate superior (depending on the selected roles within each authority). The immediate manager can conclude the actions of the officer, amend, or return the case for retrial to the officer including the observations. This phase is necessary in order to ensure repetition as many times as circumstances require. Upon complete/incomplete application, the relevant authority shall prepare a Resolution, which shall be submitted to the applicant via the system. With delivery of the resolution, the applicant has the right to appeal within 15 days upon receipt of the same which he may call or state he withholds the right of appeal through the system. If the applicant fails to file a complaint or does not waive his right to appeal after the expiry of 15 days, the applicant shall be prevented of such actions, and the authority is allowed to conclude validity of the act. If the applicant concludes that he waived his right to appeal before the expiry of 15 days, the authority may determine validity of the act at the time waived his right to appeal. If the applicant in this stage of the proceedings, filed an appeal through the system, the body conducting the procedure should be instantaneously notified about the appeal with the option to recognize the appeal (using a special button) or to prepare a response to the appeal attached to the system and shall submit the case (to allow access) to the second instance authority through the system. These acts of the authority require the option for attaching all relevant documents to the case in electronic form. The appeal shall be submitted to the Registrar in electronic form for filing in the Register, who after processing sends the case to the officer who initially acted on the subject. The officer has the chance to prepare an act to recognize the appeal or to prepare his response to the complaints submitted by confirmation to the direct manager. If the superior agrees with the findings of the officer, the head manager shall allow access to the file for the appellate body or shall submit the act recognizing the appeal to the Minister or the Mayor, which is delivered to the applicant who again is given the right to appeal or is allowed to conclude that he waived his right to appeal when the system determines legitimacy of the Resolution. The system should enable the applicant to submit evidence of payment of the fee within 15 days of the final decision on accepting the request. If he fails to submit evidence of payment within 15 days, the authority should have the option in its system to conclude that the act passed does not produce legal actions, and will prevent/ disable the applicant to provide additional evidence of the payment. F. Module for exercising SUPERVISION OVER PROCEDURES According to the responsibilities defined by Law, the competent authorities for supervision under the Law on Construction Land are the Ministry of Transport and Communications and the State Administrative Inspectorate. These authorities require a browser available for all procedures guided by the information system, and in particular for each competent authority individually, with the option to access any individual case with: 1. Having the power to stop further proceedings on the basis of a law passed within its jurisdiction. 2. To return the case to the competent authority for further proceedings. In all the above circumstances, the supervisory authority prepares acts and documents attached to the particular case. Each of the bodies performing supervision require a browser for cases that have been COMPLETED and CASES IN PROGRESS and ordered by year and by municipality with the option to select a single case and insight into all acts and documents on it. In case of an ongoing inspection carried out by the Ministry of Transport over a procedure in progress, the supervising officer in approaching a particular case requires an option to submit a notification to the Registrar of the competent authority, which after obtaining a reference number and record it in the system, the system will deliver the notification to the head of the body processing the present case. This notice is not an integral part of the documentation for a particular subject, but appears in a separate browser available for the manager. For notifications from the supervisory authority, the manager shall receive notifications via e-mail. Following the notification, the supervising body that controls the present case is allowed/enabled the function for delivering/submitting proposals to the State Administrative Proposals. After submitting the proposal of the supervising body to the State Administrative Inspectorate, it will be allowed to attach the Government's Decision to revoke the authority of a particular municipality and the same is found in the system thus preventing all actions on the cases of the specific authority upon which supervision is conducted. The items will be transferred to the archives of the Ministry of Transport and Communications for the allocation of entry/file number. After the expiry of six months, the cases of a particular municipality will be submitted to the archives of the body they were obtained from. The State Administrative Inspectorate receives reports from the Ministry of Transport and Communications on the supervision conducted and the Director of the State Administrative Inspectorate receives the same notifications via email. G. Module for MERITORIOUS DECISION-MAKING The module for meritorious decision-making assumes the possibility of the appellate authority to decide on the case based on a law passed, after the authority hosting the case enables insight into the case. When deciding on the merits, the appellate authority may adopt an act to automatically deliver the applicant the right to appeal within 30 days, or the opportunity to conclude that he waived the right to appeal. In the event of failure to file a complaint or concluded that waived his right to appeal, the appellate authority shall have the option to conclude the validity of the act, after which the case shall be submitted to the officer of the first instance authority for further proceedings according to the type of application. H. Module for electronic control of proceedings upon FILED APPEAL AGAINST ADMINISTRATIVE ACTS or LAWSUITS AGAINST ACTS OF SECOND-INSTANCE BODIES After each act adopted by the first instance body, the applicant has the right to appeal in electronic form and signed with a digital certificate — an electronic signature and put to the competent authority or at all times be able to conclude that it waived the right of appeal. The first instance body may grant the appeal and will repeat the procedure via the information system in the area that is contested or may prepare a response to the appeal, and will be sent to the appellate authorities through the system thus allowing the appellate body complete insight into the works and journals on the case, and the documents accompanying the request of its decision. The appellate authority upon receipt of notification through the information system shall decide upon the appeal and adopt an act that is delivered to the first instance body and the complainant. In this case, the complainant, if not satisfied with the act which decided his appeal request, shall be entitled to file a complaint to the competent administrative court within 30 days or to conclude that it waived the right to appeal. Lawsuits filed to the Administrative Court are delivered in hard copy in the writings office of the Court, which after receipt may submit a request for inspection of the documents to the second instance body which allows access through the information system — insight into the acts and documents and complete documentation on the particular case by the competent Court. The plaintiff has the right to appeal to the act brought by the Administrative Court to the Higher Administrative Court by delivering a hard copy for which the Higher Administrative Court will seek access to the documents of the case filed to the Administrative Court allowing insight of the aforementioned through the information system. The act of the Higher Administrative Court shall be submitted to the appellate body for scanning and attaching it to the case providing insight for the first instance body that proceeds pursuant to the act of the Court through the information system. Upon receipt of the act brought by the appellate body or the competent Court, the first instance body is made available all relevant functions in order to implement the relevant act as follows: Recognition of the appeal request (returning the case for another proceeding) or cancellation of the act (returning the case for another proceeding) or confirmation of the first instance act. I. MODULE FOR ELECTRONIC PAYMENT OF FEES AND CHARGES For each of the procedures processed through the information system it is required to carry out proper payment of administrative fees and other charges (fees paid to the price for the sale or lease of land and compensation for easement). Provide an option for the applicant to carry out payment via the information system in accordance with the standards of the CASSYS system. J. MODULE FOR REGISTRY OF SALE AND LEASE CONTRACTS OF CONSTRUCTION LAND Currently the Association of local government units — ZELS is an organized information system — a registry of sale and lease contracts of construction land. This information system may be integrated into the information system subject to this procurement. The functionalities of the existing information system as a registry of contracts should be fully integrated or (if this is not possible due to the system development technology of the contractor, or if the contracting authority decides so during the implementation procedure of the subject of the contract) to establish synchronization and data exchange, status updates and reviews of the existing system at ZELS The contractor should bear in mind that this data registry is prescribed by law, and the data fall under the rules of public interest. Principally, this is not allowed, and the contractor is obliged to provide all the technical requirements under full material liability to avoid any possible loss of data during eventual data transfer into the information system, which is subject to this procurement, or during merger of two systems. DESCRIPTION OF THE SOFTWARE APPLICATION The application www.rdgz.mk is a software program for monitoring the terms of contracts for sale of land owned by the Republic of Macedonia — it is a web-based solution installed on a web server within ZELS which is accessed through a browser; it allows records and reviews of all relevant information on contracts for land sold by public auction/bid and monitoring the terms of those agreements. From the server's viewpoint/server side, the efficient operation of this application despite the above Windowsbased technologies and products including all software using different techniques and technologies compatible to Windows server settings/environment: — .NET (ASP/ASPX) — HTML — Ajax — XML — CSS — Java based scripts and techniques — SQL The system provides a simple overview of all items based on the status of the case, and the key dates which will expire in the next 30 days in order to take appropriate administrative measures for specific cases in a timely manner. For record of each contract concluded pursuant to Law, the database stores the following data: — Contract — number and date of conclusion of the contract — Contracting Party the contract is concluded with (natural person or legal entity) — Address of the contracting party: street, email, municipality/location — CP (Cadastral Parcel) and CM (Cadastral Municipality) — Area and purpose of the construction plot — Status/Number of the certified act of solemnization — Name and surname of the notary public conducting the procedure — Authorized Person — Act of receiving approval for building — number of Approval, final date of receipt and the date of the received approval — Next step of the procedure and — Case Status — Administration of Municipalities, defining which municipality applies jurisdiction or not — Administration of privileges per user — Control of user's access pursuant to their rights and privileges, which will allow access for the users of one municipality only to their own contracts and documents — Integration into the ZELS system for e-auctions for automatic download of data from closed auctions on a daily basis — Reports for each municipality, including reviews per municipality — Extensive log files for monitoring of activities and access of all system users Based on the data entered a module was produced for creating template laws which are conveyed to the relevant parties according to legal regulations. These templates are automatically generated with filled information based on the data entered in the database. Such template laws are made for: — Letter of notification to the applicant if the building permit is obtained or pending — Request for mutual termination of contract — Request to the Municipality — Letter to the Public Attorney's Office on the initiation of proceedings for termination of contract The system generates reports on the status of cases and their scope, including a summary report with reviews of the: — Building permits issued — Initiated proceedings for termination of contracts — Requests sent for mutual termination of contracts violating the terms — Ongoing procedures for obtaining building permits — Contracts which extended the deadline for obtaining building permits — Contracts for which the deadline for obtaining building permit has not been passed yet — Contracts terminated by mutual consent — Contracts for which a request for opinion was sent to the SA to consider termination or extension of the deadline RIGHT OVER THE SOURCE CODE OF THE SOFTWARE APPLICATION – REGISTER OF CONTRACTS FOR SALE AND LEASE OF LAND FOR DEVELOPMENT ZELS holds non-exclusive rights to the source code of the existing software applications for the public interest, which is determined in accordance with the Law, submitted to the contracting authority that will proceed to make it available to the contractor without transferring any intellectual, material and copyrights. Any amendments made to the source code of the information system — Registry of contracts for sale and lease of construction land, that will occur on the basis of tender documents are transferred as exclusive rights owned by ZELS. K. MODULE OF AUTOMATIC ELECTRONIC SIGNATURE OF INDIVIDUAL PROCESSING AND AUTOMATIC SIGNATURE OF ACTS AND DOCUMENTS IN THE PROCEEDINGS SIGNING OF PROCEEDINGS WITH A VALID DIGITAL CERTIFICATE Each person operating through the information system completes its administrative — managerial action with signing the treatment using a valid digital certificate (electronic signature) issued by an authorized entity. The information systems need to check the validity of the digital certificate in terms of importance for the period it was released and restrict the signature if the signature's validity expired. A person who is registered in the information system cannot appear in several capacities: the capacity of one officer of one authority is incompatible with the officer in another authority or institution which operates through the system during a procedure, nor it is possible the capacity of one applicant to be enabled for any of the aforementioned officers (clerks). With signing, the system creates a set of logs containing information about the documents, acts and files of the current case in the system. The system records the time of authorization, including the signing party, and logs it into the system. Only in cases of signing of the proper phase into the system by the officer who is currently handling the case, the system shall allow transfer of the case into another phase, to another officer, body or applicant. VALIDATION OF DIGITAL CERTIFICATES OF APPLICANTS Each applicant in the system should own a digital certificate (electronic signature) that was entered during the initial registration in the system (under the conditions of this tender documentation described in the section on registration), whereby, before sending a request with the evidence and the attachments to the competent authority, the information system is required to check the validity of the electronic signature and save a set of information about the documents attached to the application. Signing the application is a mandatory requirement for submission of the application. In the case of actions of the authority/body, the applicant is required to complete the documentation, check the validity of digital certificates including the accompanying documents, which are required to be stored as a set of supporting documents submitted. AUTOMATIC SIGNING OF DOCUMENTS Acts and documents that are created or prepared by any of the procedures implemented through the information system are automatically generated, and thus, taken from the information system all necessary data and information contained in the act. After generation, the officer operating the system in a particular phase is able to update the document generated by the information system before he concludes it as final for further processing. The generated acts, or acts that are not generated, however, attached by any person operating through the system, the system will have them automatically signed with a digital certificate (electronic signature), whereby the electronic signature becomes part of the contents of each single document. L. Module for USER ROLES IN THE SYSTEM The information system is required to have identical roles for each body acting the same, except for second instance authorities that decide on the appeals, the competent courts and supervising bodies and authorities providing opinions or consents of specific roles. The authorities handling the cases in the first instance define the following roles: 1. Archivist 2. Officer/Clerk 3. Head of Unit 4. Head of Department 5. Minister/Mayor 6. Fees Calculator 7. Person to confirm the payment of fees 8. Member of the Commission 9. Local Administrator Each of the above roles can be distributed to all or part of the proceedings processed by the information system (for example, the role of officer may only apply to the procedures for direct negotiations, while another person also delegate the role of officer may refer to the procedures for determining the right to easement, or both). For second instance authorities that decide on appeals, the competent courts and supervising bodies and the authorities providing opinions or consents, the following roles are defined: 1. Archivist 2. Member of the Commission 3. Officer (Clerk) 4. Head (of Department)/ Judge/ Notary Public/ State Attorney's Office/ AKN 5. Local Administrator Also, the system compelled creation of the super administrator role to manage the local administrator roles, using a module for review and amendment of procedures, a module for management of institutions, creating users and user groups, defining and management of roles and privileges, defining access to system functions through specific roles and privileges, assignment and maintenance of data access through specific roles and privileges, setting default values, monitoring and control of active sessions, Archiving, Backup and System Data Restore M. Module for ELECTRONIC REGISTRATION AND HANDLING OF APPLICANTS Each candidate is required to register in the system with entry data that are required to be protected in accordance with the standards of personal data protection in force in the Republic of Macedonia and pursuant to the law. Registration in the information system is made by entering the user's e-mail, username, and password and verification code. After the registration is completed, a digital certificate is uploaded to provide a unique user package with a set of information recorded in the information system. After expiration of the digital certificate (electronic signature), the system should make available for all types of users to attach a new valid certificate. Within the user profile it is necessary to enable the information system to determine a single form when submitting any type of request and to allow attachment of the required default documents for each request. The registered applicant may submit an UNLIMITED number of requests through its registered profile in forming a special browser for each request, containing the following information: 1. Information on the current stage of the case, 2. Review of the past days 3. Review of acts and documents prepared per individual request by the competent authority 4. Option to use the right to appeal 5. Option for electronic payment of taxes and fees 6. Possibility to act upon adopted law by the competent authority within a specified period (upon the Conclusion of termination or notice of the right to request amendment). When applying, the applicant should be clearly displayed the selection of authorities he should address and to other information that are available under the law. The information must be pre-defined in the information system (Cadastral municipalities, names of municipalities, titles of competent authorities, etc.). N. Module for FORWARDING A CASE FROM AN UNAUTHORIZED BODY FOR EASEMENT TO AN EASEMENT COMPETENT BODY When applying, the applicant may address a real or locally unauthorized body of easement, which must have the option to declare itself as ineffectual by act or document, and it should attach the act to the information system and forward the case files to the easement authority or the locally competent body. This function includes the option for a browser of all bodies to forward the supplied request, thereto. O. Module for AUTOMATIC NOTIFICATION BY EMAIL AND SMS The information system should inform each applicant involved in the procedure by e-mail or SMS about the current stage of the case, the acts adopted or documents on the single case, individual actions and all changes related to the request. The notification is automated via a default email and SMS text. P. Module for DETERMINING VALIDITY AND EXTRAORDINARY LEGAL REMEDIES, CONCLUSION OF TECHNICAL CORRECTION, ANNOUNCING ACT OF VOID (Victor) Upon completion of the procedure per individual application, it is necessary to provide the competent authority (the clerk and the manager) a key that will conclude the VALIDITY of the final act passed in the proceedings. Determining validity is performed by verification of the act marked as IN FORCE and signed with a digital certificate by an authorized officer. А. EXTRAORDINARY LEGAL REMEDIES After determining the effectiveness, under different legal circumstances there is a possibility for utilizing extraordinary legal remedies that should be determined through the system: 1. An appeal or a proposal through the information system or in hard copy can be submitted to the competent body that administered the procedure whereas the official who administered the case and the head of the body shall be automatically informed thereof 2. The competent body independently identifies any omissions in the procedure and takes actions upon the effectiveness of the act by selecting a function in the system that will enable the said body to adopt the next act. SPECIFICS OF THE PROCEDURE UNDER CIRCUMSTANCES OF ITEM 1 In the cases specified in ITEM 1 above, the case is moved to the phase where the effectiveness remains as status but it opens the possibility to grant an appeal or to take actions prior to the adoption of the act. If the appeal had been submitted through the system, the system itself modifies the status to phase EXTRAORDINARY LEGAL REMEDY. If the appeal or the proposal had been submitted in hardcopy, the official shall scan the document to determine the phase of the extraordinary legal remedy and in such event the case shall be identical with the phase that is automatically created as if the appeal had been filed through electronic means through the system. The phase EXTRAORDINARY LEGAL REMEDY enables the body to adopt an act whereby the appeal would be granted and it would be recorded in the system by selecting the right button with the name GRANTING THE APPEAL and afterwards the case is moved to the next status where the body has he options to choose: 1. To determine that it is nullifying THE DECISION, after which the possibility appears to return the case to one of the phases that had passed during the implementation of the previous procedure. 2. To determine that it CANCELS THE DECISION. In case when the decision is nullified or cancelled, the system should enable the submission of an appeal which could be filed electronically (through the system) or in hard copy (in the event of an appeal submitted in hardcopy, the body states that the appeal has been filed, scans it and enters it into the system). If the body does not grant the appeal, in such event the case needs to have the possibility to be moved to a second-instance body, and to previously attach the document REPLY TO THE APPEAL which would also be carried out through the system by selecting the button SECOND-INSTANCE BODY. Consequently, in each of the steps it is necessary to have the possibility to send the case to the competent Administrative Court by selecting the appropriate option. SPECIFICS OF THE PROCEDURE UNDER CIRCUMSTANCES OF ITEM 2 In the cases specified in ITEM 2, the body is enabled to independently adopt an act whereby in the phase EXTRAORDINARY LEGAL REMEDIES, it will have the possibility to select whether it NULLIFIES or CANCELS the act that it had previously adopted. Following such determination by the body with the selection of the appropriate button, the case can be moved as in cases defined in item 1 above. B. CONCLUSION FOR CORRECTING MISTAKES For each act that has been adopted within the procedure (conclusion, decision, etc.) the body should have the possibility to adopt a conclusion for correcting a mistakes in any of the phases of actions within the system, except in the phase when the procedure finished and the system states that the case is in LEGAL EFFECT. In any other case in the system, as soon as one of the officials of the body selects the option stated above, the system needs to enable the submitter to file an appeal through electronic means, or if it is submitted in hardcopy, the body shall be able to scan it and enter it into the system, thus it shall be recorded that the case has been appealed. Just as in the other cases, in the cases where the case has been appealed, the body can choose the options to grant the appeal or to send the case to a second-instance body with the appropriate phases specified in this tender documentation. P. MODULE FOR DISTRIBUTION OF CASES WITHIN THE STATE OMBUDSMAN OFFICE In the appropriate phase of the procedure, as described in this tender documentation, the case needs to be submitted to the State Ombudsman Office which has the appropriate structure and territorial range of competences by regions. The information system should have the possibility to determine which public ombudsman office is competent for the specific case. As a rule, a group of municipalities will address directly the state public ombudsman office for the specific region that needs to be enabled to be assigned in advance to the same group of municipalities. The state public ombudsman office should be defined per region for the following towns: Skopje, Bitola, Veles, Gevgelija, Gostivar, Kavadarci, Kicevo, Kocani, Kumanovo, Ohrid, Prilep, Struga, Strumica, Tetovo and Stip. The case handled by the Ministry of Transport and Communications, in the phase when it is necessary to send them to the state public ombudsman office, should have the possibility to select the appropriate state public ombudsman office for the respective region. R. OTHER FUNCTIONAL REQUIREMENTS OF THE INFORMATION SYSTEM 1. All requests are submitted through the information system in electronic form. 2. Public information portal with basic information about the system, the procedures that are implemented through it and the applicable legal regulations. 3. Records and review of submitted requests — at all times the system presents a review of the submitted requests per individual body with the date, status of the case and other key parameters in the review. 4. Predefined selection of the competent body when submitting the request. 5. Public review of scheduled auctions for individual construction parcels with the possibility for submitting an application for participation in the public bidding. 6. Central segment of monitoring the legal deadlines for each individual case at each officer with indication of how many days has the case been with the officer for action, how many days have passed in total since the day of submission and appropriate alarms about the expiration of the deadlines. 7. Automatic notification about the expiration of the deadlines to act to the immediately competent supervisory body. 8. Connections with external entities, bodies and institutions in a certain phase of the procedure and enabling their actions upon cases with preparation of opinions, giving consents, as well as preparation of acts and their recording and registration through the information system as follows: A. Competent notary public (selection from a predefined list of notary publics); B. State public ombudsman office of the Republic of Macedonia; C. In procedures where the competent body is the Ministry of Transport and Communications, the phase for calculating the tax should be connected with the relevant municipality; D. For procedures run by the municipalities in the City of Skopje, in the phase for calculating the tax, selection should be made whether to do it independently or the case should be sent to the City of Skopje; E. Connecting the second-instance bodies as follows: For the procedures administered by the Ministry of Transport and Communications, the second-instance body is the State Appeals Commission; For the procedures administered by the municipality or the City of Skopje, the second-instance body is a special Commission within the Ministry of Transport and Communications. 9. Automatic notification of the submitter for all adopted acts and documents and enabling the right to appeal through electronic means. 10. Access by each body only to the cases that are within their respective competences. The system should process all the cases in the entire country, where it is necessary to make a distinction of cases per competence. 11. Defining the rights and access privileges on all levels (municipality, ministry, department, user) and activities (reading/editing/printing…). 12. Administration of the entire system should be run on several levels with the goal of defining the system users, their division according to bodies, institutions and departments, as well as the rights and privileges for accessing the documents by the system users. 13. The system should enable two-way communication between the submitter and the competent body and the included bodies and entities. 14. Integration with bodies in charge of conducting supervision and their automatic notification about the acts adopted or deadlines expired as determined by Law. The competent bodies to have the possibility to conduct regular and extraordinary supervision of all cases through the information system. 15. The information system should prepare statistics review about the duration of the procedure, the number and types of requests, number of issued acts depending on the type, average prices achieved per zone during public bidding procedures, reports, graphic reviews, etc. 16. Automatic calculation of the taxes and fees predefined through the system. The authorized official has the possibility through the system to independently enter the parameters for preparation of the calculation of fees on various bases that would be generated during the procedure. 17. The system should allow generation of: — Reports on submitted requests with the following grouping: positively ruled, negatively ruled, in procedure, competent body. — Reports on the average duration of the procedure. — Reports on the average price achieved per m2 on public bidding, divided according to purpose of the construction parcel. TECHNICAL DESCRIPTION Introduction: The application should be web-based, with the possibility for access through standard web browsers (Internet Explorer, Mozilla Firefox, Google Chrome, Opera) regardless of the platform on which they operate (Windows, Linux, Unix, Netware, Mac OS). The solution should be fully integrated with the tool for design and development of processes. In addition, the tool needs to be visual and easy to operate. In the bid, the bidder should provide detailed technical, functional and integration description of the tool. Within the solution there should be a module for automated and manual notifications based on certain conditions/activities. In relation with the system processes, automated or manual starting of processes/activities should be enabled based on predefined conditions (time or status of activities) or based on exceptions. The system should enable “full text” searching through non-structured information and searching meta data through structured information will full Macedonian support during the search. With regard to the system users, the bidder is obliged to enable: — Defining, assigning and administrating privileges on the level of: user; user and activity; user and process; group of users; group of users and activities; group of users and process; file; file and activity; file and process; field. — Defining organizational groups of users with the same or different privileges of users within the same group. — Managing of users per groups (institutions) — different groups administered by different administrators without combining administrator privileges. The software application should meet the conditions from “Directions for certifying information systems — section Conditions for certification in accordance with the Law on electronic management”. Development and installation Following the development of the beta version, the developer shall be obliged to deliver a new version during the development phase every 3 weeks until the final version that will be put into production. The delivered version shall be accepted by the Contracting Authority and the persons designated to supervise the process, by following the agile methodology for software development. The application-software will be put in server environment wherefrom it will be available for use over the internet. The servers are capable of hosting various websites prepared with different techniques and they use various technologies and thus all technological solutions and design techniques are acceptable as long as they do not require the procurement of special software for normal operations. The Contractor — application designer shall be obliged to independently put the application in the server environment and to make available the prepared application over the internet. The entire code of the newly created website should match/correspond with the specifications of the W3C (World Wide Web) consortium. Source code The bid should also contain the fee for transferring the rights to the programming code (source code) to ZELS as the Contracting Authority under the following conditions: 1. The Contracting Authority shall acquire unlimited, free of charge, non-exclusive and irrevocable right to use and alter, continuously maintain and upgrade the programming code (source code) of the software application independently or in cooperation with another natural person or legal entity. 2. The material rights to the source code of the software application are non-exclusive and belong to the Contracting Authority and the Contractor. 3. The Contracting Authority may transfer the right to use and modify the source code on non-commercial basis to another public entity in the Republic of Macedonia in accordance with established public interest pursuant to the Law. 4. The right to use and alter the source code cannot be transferred by the Contracting Authority to another natural person or legal entity whose activity is designing software applications, unless such use and alteration is exclusively for the purpose of maintaining or upgrading the software application for the needs of the Contracting Authority or the body to whom the rights have been transferred in accordance with item 3. 5. The Contractor has unlimited, free of charge, non-exclusive and irrevocable right to use and alter the source code of the software application for the needs of the Contracting Authority (in a procedure pursuant to the Law) as well as for the implementation of commercial interests that do not arise from this contractual relation. 6. The Contractor reserves its right to use and alter the source code and has the right to transfer it on commercial or non-commercial basis to another natural person or legal entity. 7. When transferring the right to use and alter the source code, the contracting party conducting the transfer shall be obliged to inform the other contracting party thereof. 8. The Contractor shall be obliged to submit the source code of the software application that is subject of this contract to the Contracting Authority, for the purpose of enabling the Contracting Authority to exercise the acquired rights in unimpeded and unlimited manner. 9. The source code must be appropriately documented and packaged/compressed in such form that, for the Contracting Authority, would enable easy maintenance and further development or upgrading of the software application. The Contractor shall be obliged, when handing over the source code to the Contracting Authority, to also deliver tools and program documentation that enable individual and independent programming and changing the functionalities of the system, as well as integration with other software applications and solutions, without the intervention of the Contractor. NOTICE: Proposal — the graphic design will be presented with mutual consent between the Contractor and the Contracting Authority before being finally defined and implemented. Warranty period Taking into consideration the fact that this is a software application that should be available for use by multiple state bodies and all units of local self-government of the Republic of Macedonia, the bid should also include a fee for maintenance of the software application for a period of 24 months following the final acceptance of the software system, under the following specific conditions: — 24 preventive checks of the entire system (at the beginning of each calendar month) — 24 incidents with response time of 4 hours — 24 incidents with response time of 24 hours — 600 hours of adaptive maintenance (upgrading) of the system itself The Contractor shall be obliged to implement all changes to the application solution (changes and additional work, upgrades to the existing functionalities — modules, examinations, reports and such) arisen as result of changes in the legal acts and bylaws, within the 600 hours define for adaptive maintenance of the system. Training and operating instructions Following the successful acceptance, the Contractor — designer of the application that is the subject of this procurement shall be obliged to implement training for the functionalities and use of the software application for the professional offices which trainings will be organized by the Contracting Authority as follows: — One-day training for 20 groups of persons, intended for representatives of the Ministry of Transport and Communications, municipality administration and the included institutions defined in the technical specification. The groups will be organized in a number not higher than 40 persons. If the presentation allows it, two groups of participants can be covered in one day. — One-day training for 2 groups of persons intended for representatives of the professional office and system administrators in each body. The trainings will be organized according to the needs, if possible with duration not lasting longer than 4 hours each and they will be held in the offices of ZELS, str. Kopenhagenska no. 5, Skopje. The costs of logistics for organizing the training shall be fully borne by the Contracting Authority. The Contractor — designer of the application that is the subject of this procurement shall be obliged to prepare operating instructions for the software applications for all types of users separately. Obligation to implement essential functionalities The Contractor shall be obliged, in the course of the entire implementation of the subject of the contract, to take into account that through the information system determined based on the Law on construction land (Official Gazette of RM no. 15/2015) functionalities may arise that are essential for unhindered performance of the process of administrative actions of the competent bodies, institutions, and which have not been included in the enclosed technical specifications and constitute integral part of this tender documentation. The Contractor shall be obliged to implement such functionalities in the system upon an order from the Contracting Authority during the period of validity of the contract. Security The data security within the offered system should be at the highest level. That is why it is necessary in the offered system to apply security policies which need to be periodically revised and updated according to the risk for disturbing the security. When developing the architecture of the solution, the Contractor should take into account the highest level of security that needs to be achieved in the system. After the completion of the solution development, it is necessary to perform testing of the security thereof in a test environment. Only in case these tests have been successfully passed, the system can be put in production environment, where additional security tests need to be conducted. In addition to testing the security level of the system, it is also necessary to test the functionalities, technical problems and such. The tests need to include the following: — Testing the functionality of the software. — Testing the integration — Checking the functionality of the software solution and its smooth operation, i.e. testing the internal functions. — System testing — this is a test of the entire system and it is performed in order to check whether the system meets the quality standards. — Regressive testing — Testing whether the updating a certain part or module would reflect on the functionality of another part or module. — Testing and checking for technical deficiencies of the software. — Testing the software performances (speed, capacity, stability and scalability). — Testing the load (the software is tested with maximum capacity in order to check its behaviour). — Stress test — Testing according to different scenarios for incidents. — Testing the security (reliability, integrity, authentication, availability, authorizations, whether the software is secure from weaknesses, security of the database, testing the data input and the validation thereof, SQL attacks, deficiencies, testing the security of client — server session, CSS attacks, buffer overflow attacks, directory traversal attacks, etc.). — Testing the production environment. — Testing the servers and the network infrastructure connected to the servers. After the testing a report should be submitted prepared by experts in the area of security of information technologies. Scalability The offered system should provide a high level of scalability, particularly from the aspect of increased scope of data in the database with the course of time, flow of information, as well as increasing the number of users within the system. The scalability requirement should not affect the environment of the required levels of security, availability and performances. The increase in the working environment of the system could primarily be caused by: — Increase in the number of transactions; — Increase in the number of functionalities; — Increased complexity of transactions; — Increased complexity of the functionalities; — Increase in the number of users (end users or other institutional users). The system should be implemented in a manner that would enable increasing the capacity for proportional processing of the workload, without changing the architecture. Adaptability and upgradability Adaptability shall mean the ability to easily modify the current functionalities within a system. Upgradability shall mean the ability to easily add new functions into a system. The system should provide these two characteristics, whereas they should not have the effect of downgrading the system performances in everyday operations. Confidentiality Confidentiality represents a measure of authenticity of the information. The design of architecture of the offered system should provide an application of the security measures and policies, thereby increasing the confidentiality of information. The overall communication between the offered system and users, both external (end users) and internal (from the institutions included in the system), should be confidential and protected. Taking into consideration the fact that the system infrastructure includes the Internet as a way of accessing the services, the security of communications should be guaranteed through the relevant security mechanisms. Application log sub-system The system should provide traceability of who has access to the system and what are its activities, i.e. it should entail a mechanism for logging events, specifically: — Logging changes to configuration elements; — Logging additions, modifications and deletion of any entity included in the application; — Logging actions through which the system generates documents; — Logging events that are results of interactions with external systems; — For every generated file, the data being logged should contain at least the following information: — Date and time when the event took place; — Area (module) where the event occurred; — Who initiated the event (logged in user, external system); — What happened (change of data, change of configuration, issued document). The format of the log files should be standard and easily readable from the existing systems for collection and analysis of logs outside of the database. Integration and exchange of information with other applications The system should enable other applications that need data to access such data, according to the defined user rights and with the use of web services and SOA with the use of WSE (web services extensions). The system should prevent direct access to the database for the integration with other systems. The same interface for integration with external systems should provide capabilities for exchanging data with other institutions by exchanging text files (txt, csv, xml and such). SSL server certificate The bidder should include in its offer a server SSL certificate with a validity period of minimum 2 years, enable a green bar on the browser, when loading the web address, and be compatible with all web browsers. The certificate shall offer the possibility to license multiple servers for hosting a single domain. Free of charge withdrawal or repurposing of the certificate. In addition, the certificate should be in compliance with the standards prescribed in “Directions for certifying information systems — section Conditions for certification in accordance with the Law on electronic management”. SMS module The software application should possess a service (module) for sending short messages to an already existing SMS server within ZELS, i.e. to MICROSOFT MESSAGE QUEUE through which the SMS delivery is conducted. Hardware infrastructure The solution should also include a hardware platform where the software application will be executed. The relevant functionality anticipates minimum 2 server platforms, 1 storage for keeping the data and infrastructure that will connect these system components with the existing network infrastructure. For the purpose of minimizing the expenses for cabling and power supply, it is planned for it to be placed in a single case with common redundant power supply consisting of at least 4 power supplies that will function in 2+2 mode of operation, redundant hot-plug fans and a network switch with minimum 8 external gigabit ports. The case with all the built-in components of the system (servers, storage space, network switch, power supplies, etc.) should not exceed 5U height in a rack cabinet. The case must also be equipped with a protective safety mask with a lock and include sliding rails and a handle for operating the cables to be mounted in the rack cabinet. The rack cabinet is not subject of procurement in this public procurement announcement. The case must have minimum 2 PCIe slots to support additional controllers and graphics cards. The installed storage space should comprise at least 3TB Near-Line SAS hot-plug disks and have the ability for expansion of at least 12 x 3.5” hot-plug disks, i.e. the capacity for at least 48 TB. The RAID controller should have at least 1 GB flash memory and support minimum the following RAID configurations: RAID 0, 1, 5, 6, 10, 50, 60. In order to enable uninterrupted functionality of the system within the following 3 years, each of the two server platforms should possess at least the following minimum characteristics: Two-processor system with installed at least one quadruple core processor at the frequency of minimum PassMark score of 15000, memory of minimum 64GB RDIMM DDR3 and expandability of at least 384 GB. It should include at least 300 GB SAS hotplug system useful capacity (configuration in RAID 1 group). The network communication should be carried out through minimum 4 gigabit ports. The bid needs to include all the necessary licenses for uninterrupted use of the software solution. The management of the entire platform should be conducted through one unique console locally and remotely, through which all resources will be managed such as the server nods, storage, network components, power supplies without the additional installation of agents. The entire hardware platform should have a warranty period of at least 3 years. Technical and professional capacity: 1. The economic operator needs to have minimum three (3) confirmations/contracts for successfully implemented software systems in the past three (3) years, with values, dates and purchasers; 2. The economic operator needs to have minimum ten (10) regularly employed certified persons as follows: — Minimum 5 programmers employed in regular labour relation from which at least 2 programmers who possess certificates for programming language for work in the area of the offered solution; — Minimum 1regular employee with a certificate for administration of the platform in the area of the offered solution; — Minimum 2 regular employees with a certificate for the relation database for the offered platform. 3. The economic operator needs to have minimum two certified persons for management of IT services. 4. The economic operator needs to have minimum one certified project manager. 5. The Chief Project Manager nominated by the economic operator needs to possess at least ten (10) years of relevant working experience as project manager in the IT industry, responsible for the operational activities including: procurement, installation, configuration, integration, implementation, putting into operation and support of IT solutions. The economic operator needs to possess the following certificates for quality control: Quality Management Standard — ISO 9001:2008 IT Service Management Standard — ISO 20000-1:2011 IT Security Management Standard — ISO 27001:2005.

Oppex helps organizations with a professional approach to public sector sales, to either grow their business locally or find new opportunities abroad. We are the largest source of public procurement data in Europe. We process and translate public tenders from over 1.000 local, national and international procurement portals and have acquired over 8 million tenders in our database.


Trusted By

KONE
NHS
3M
ABB