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Public joint stock company "ukrgasvydobuvannia"

Public joint stock company "ukrgasvydobuvannia"





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PUBLIC JOINT STOCK COMPANY "UKRGASVYDOBUVANNIA"


APPROVED BY

Chairman of the Competitive bidding committee of

PJSC “Ukrgasvydobuvannia”

______________ Razdobarin S.М.

The Competitive bidding committee meeting protocol

dated December “20”, 2016 №16Т-669




DOCUMENTATION OF TWO-STAGE BIDDING WITH REDUСTION




Drilling rig with capacity of 450 tons (2000HP) assembled








CONTENT

Chapter 1. General provisions

1. Terms used in the documentation of procurement procedures.

2. Information about the customer of procurement procedures.

3. Information about the subject matter of procurement.

4. Procurement procedure.

5. Non-discrimination of participants.

6. Information about currency, in which the price offer of procurement procedure must be calculated and pointed.

7. Information about the language (languages) of that (which) the offers of procurement procedure must be drawn up.

Chapter 2. The order for making changes and clarifications to the documentation of procurement procedures.

1. The order of clarifications to documentation of procurement procedure.

Chapter 3. Preparation of offers for procurement procedures.

1. Preparation of offers for procurement procedures.

2. Content of the participant’s offer.

3. Offer security.

4. The terms of return or non-return of offer security.

5. Offer validity.

6. Qualifying criteria and requirements for participants.

7. Information about required technical, qualitative and quantitative characteristics of the subject matter of procurement.

8. Description of individual part (parts) of the subject matter of procurement, for which offers can be submitted.

9. Amending or revocation of the offer by the participant.

Chapter 4. Submission and tear opening the offers.

1. Manner, place and deadline of the offers.

2. Place, date and time of the procurement procedure offers tear opening.

3. Estimated time of start of reversed auction.

Chapter 5. The winner definition

1. Offer evaluation and acceptance.

2. Offer rejecting.

3. Procurement procedure cancellation by the customer.

4. Other information.

Chapter 6. Conclusion of the contract.

1. Terms of the contract conclusion.

2. The draft contract or the basic conditions which necessarily included to the contract.

3. The actions of the customer in case of refusal of the bidding winner to sign a contract.

4. Enforcement of treaty.

5. List of documents for the winner, necessary for the contract conclusion.

Chapter 7. Blacklist of suppliers.

1. Inclusion in the Blacklist.

Annexes.

1. Qualifying criteria and requirements for participants.

2. Price offer form.

3. Information about the necessary technical, qualitative and quantitative characteristics of the subject of procurement.

4. Draft contract which will be concluded with the winner of the bidding.

5. Profile of the contractor.

6. DECLARATION about acceptance of conditions of procurement procedures.

7. Present value calculation


Chapter 1. General provisions

  1. Terms used in the documentation of procurement procedures


Procurment procedure documentation is developed in accordance with the “Procedure of procurement of goods, works and services of PJSC "Ukrgasvydobuvannia" approved by the Order No. 690 dd. 19.12.16 (hereinafter referred to as the Procedure).

Terms of this documentation are used in the values specified in the Procedure.


  1. Information about the customer of procurement procedures:


Full name: Public Joint-Stock Company "Ukrgasvydobuvannia"

Location: 04053, Kyiv, Kudravska, 26/28;

Official customer, authorized to carry out communication with the participants:

Manager: Boyko Evgeny, phone +38 (044) 461-25-57;

for additional information on technical issues:

Head of drilling department

Paduchak Mikhail, phone+38 (044) 461-27-59 

Head of the ground equipment modernization division

Gladishko Oleg, phone +38(044) 461-27-57

Deputy head of the ground equipment modernization division

Sologub Oleg, phone +38(044) 461-27-57 

as for procurment procedure – procurement organization division

phone +38 (044) 461-27-14, 461-27-11; е-mail: tender@ugv.com.ua

for non-residents:

foreign activity sector +38 (044) 461-27-17 .


  1. Information about the subject matter of procurement


Name:28.92.1 - Machines and equipment for mining

Type: Drilling rig with capacity of 450 tons (2000HP) assembled

Place of delivery: Kharkiv region, Krasnograd.

Q-ty: 5 pcs.

Terms of delivery: 2017 – 2018.

(more listed in Annex 2 and Annex 3 to procurement procedure)

The expected cost of procurement: 3 549 540 000,00 UAH incl. VAT.

4. Procurement procedure: Two-stage bidding with reduction

5. Non-discrimination of participants: Domestic and foreign participants take part in the procedure on equal terms.

6. Information about currency, in which the price offer of procurement procedure must be calculated and pointed.
The currency of procurement procedure offer is hryvnia.

If a participant of procurement procedures is non-resident, such participant can specify the price of the offer in USD or Euro. While opening the proposals the price of such proposal is translated into hryvnia as per official exchange rate of hryvnia to USD or Euro established by the National Bank of Ukraine as of the date of the proposals opening and indicated in the protocol of opening. Also with the purpose of bringing the price of non-resident proposals to terms similar with residents (VAT and/or customs charges and/or conditions of payment), the calculation of the present value can be used. The Present value calculation form is provided in Annex 7 to documentation. Also with the purpose of bringing the price offers of nonresidents to terms equal with residents (VAT and/or customs charges and/or conditions of delivery, payment) the calculation of the present value of the goods can be used. Form of calculation of present value is provided in Appendix 7 to the documentation.

7. Information about the language (languages) of that (which) the offers of procurement procedure must be drawn up.

During the procurement procedures the all documents prepared by customer and participant, are taught in Ukrainian or in Russian, as well as by the decision of the customer simultaneously all documents can have authentic translation into another language. The determinative text is the text drafted in Ukrainian.

In case the language of the document of proposal is differ from Russian or Russian language the participant provides certified in the established order translation of this document into Ukrainian or Russian.
Chapter 2. The order for making changes and clarifications to the documentation of procurement procedures

1. The order of clarifications to documentation of procurement procedure.

The participant has the right not later than four business days before the end of the period of the proposals submission refer to the customer for clarification on procurement procedure documentation. The customer provides written clarification to the request within three business days from the date of its receipt. Received date is the date of registration of the request in the bidding Committee.

The customer has the right, on his own initiative or by results of queries to make changes to the procurement procedure documentation, extending the term of submission of proposals not less than by 5 business days and publish on the own web site within one working day from the date of the decision to make these changes.

Chapter 3. Preparation of offers for procurement procedures

1. Preparation of offers for procurement procedures.

The offer should be provided in a sealed package and contains two internal separate sealed envelopes:

- envelope with a qualifying offer – binded, numbered indicating the number of sheets on the back of the last sheet and with a signature and seal of the participant;

- envelope with a price offer - binded, numbered indicating the number of sheets on the back of the last sheet and with a signature and seal of the participant.

Envelopes with a qualifying offer and price offer are sealed in one package, which in places of gluing should contain prints stamp of participant.

The follwing must be specified on the package:

- the number of procedure according to the data of the site (16T-…….).

- full name and location of the customer: Public Joint-Stock Company "Ukrgasvydobuvannia", 04053, Kyiv, Kudravska, 26/28, office 904;

- the name of the subject matter of procurement according to the data of the site;

- full name of participant, location, address, identification code, contact phones, fax, email address, and company Manager name and sirname;

- marking: "Do not open up to _ _ _ _ _ _ _ _ _ (the date and time of the proposals opening is specified)"
The inner envelopes with the relevant parts of the proposal should marked with:

1.  Number of procurement procedure;

2.  Subject of procurement;

3.  Name and address of the customer;

4.  Name and address of the participant;

5.  Name of the part of the proposal (qualification or price).

If one or another part of the proposal consists of several packages, packed in individual envelopes, then for each such envelope in addition the number of the package of the relevant part of the proposal should be indicated.

Simultaneously with the offer submitted in written, the participant provides an electronic copy of each of the parts of the proposals on one or more compact discs CD-R/DVD-R (without the possibility of further changes to the information stored on these media), which includes all documents that make up the appropriate part of the proposals. CD-R/DVD-R CDs are signed with permanent marker indicating the date and time of recording of information, name of the participant and his signature.

The electronic copy must contain scanned versions of documents (in the form accessible for visual perception), prepared in hard copy, Portable Document Format (*. pdf) is preferable, according to the principle: one file - one document. The title of each document shall clearly follow the document contained in the file and cannot exceed 25 characters. Files should not have protection from their opening, copying their content or print.

Each disc, which is an electronic copy of the part of proposal must be inside an envelope with the relevant part of the proposal.

Part of one electronic copy of the part of proposal should include all documents that make up the original of this piece. The content of the electronic versions of the documents that are included in an electronic copy must match the original content. In case of discrepancies between the original and the electronic copy such proposal may be rejected.

Providing of electronic copies of both parts (qualifying and price) on one electronic media is not allowed and such proposal may may be rejected.

Received offer is registered by the customer in the received offer registry.

The participant has the right to submit only one offer.

If the procurement procedure containce several parts (lots) the participants have the right to submit proposals for all procurement procedure or for certain parts of the subject (lots) .

Authority for signature of documents of proposal is confirmed by: extract from the minutes of the founders, a copy of the Decree on the appointment, proxy or other document confirming the power of the official party to sign of the documents.
2. Content of the participant’s offer.

The proposal should consists of:

- the qualification offer;

- the prise offer.

The qualification offer consists of:

- documented information about the participant's offer compliance with the qualification criteria and requirements, in accordance with Annex 1 to documentation;

- documented compliance of the offer with the technical requirements and quality characteristics, quantitative and other requirements to the subject of procurement established by the customer in accordance with Annex 3 to the documentation;

- technical requirements and quality characteristics, and the basic conditions that will be included in the contract (Annex 3 and 4 to the documentation), signed by the authorized person and certified by seal;

- a copy of the anti-corruption programme of the legal entity that is a party to, and a copy of appointment order of attorney on the anti-corruption programme of the legal entity (in case the expected value of the procurement is equal to or exceeds 20 mln. UAH);

- profile of the contractor, signed and certified by the seal in accordance with Annex 5 to the documentation.

- DECLARATION about acceptance of conditions of procurement procedures as per Annex 6 signed and certified by the seal.
The price offer contains:

- the offer formed as per Annex 2 to documentation and the contract as per Annex 4 to documentation.

3. Offer security.

In order to participate in procedure participant provides offer security in the form of:

  1. A bank guarantee or standby (Bid bond Guarantee or Bid bond SBLC), issued by the Bank, rating of which at the classification of one of the world's leading rating companies (Fitch IBCA, Standard & Poor's, Moody's) corresponds to the requirements of first-class banks (above investment grade).

Guarantee or standby should provide the following cases:

  • the participant withdrews its price offer during the validity of procurement procedure,

  • not signing the contract by participant which became the winner of the procurement procedures in terms required by the documentation.


The amount of the guarantee or standby is 1 000 000,00 USD.

Guarantee or standby should be in English.

Guarantee or standby is issued by SWIFT with advising through Ukrexsimbank (EXBSUAUX). A paper copy of A paper copy of the relevant SWIFT should be added to the proposal.

The period of validity of the guarantee or standby to 10.05.2017 p. (inclusive).

All the costs for registration of a guarantee or a standby at the expense of the participant.

Guarantee or standby should meet the form below.

TENDER SECURITY FORM

FORM OF BANK GUARANTEE / STANDBY LC

Type of [Guarantee / SBLC]: Bid bond

Number of the [Guarantee / SBLC]: (..)

Date: (..)

The [Guarantor / Issuer]: (..)

The Applicant: (..).

Beneficiary: (..)

The Underlying Relationship: Tender Documentation for the open procedure (..)

The [Guarantee / SBLC] amount and currency: (..)

Language of any documents under the [Guarantee / SBLC]: English.

Form of the presentation: paper form by any mode of delivery.

For the purpose of identification, the beneficiary’s bank shall confirm authenticity of the Beneficiary’s signature on the demand by the authenticated swift message sent to the [Guarantor’s / Issuer’s]

Place of the presentation: (..).

Expiry: (..) [validity of the tender + 30 days]

The party liable for payment of any charges: Applicant.

At the request and for the account of the Applicant, we, as the [Guarantor / Issuer], hereby irrevocably undertake to pay the Beneficiary any amount up the [Guarantee / SBLC] amount, upon presentatin of the Beneficiary’s complying demand in the Form of the presentation indicated above stating that the Applicant is in breach of its obligations under the Underlying Relationship, particularly:

+ the Applicant has withdrawn its bid within the validity of the tender; or

+ the Applicant has been nominated as successful bidder, but has failed or refused to sign the contract.

Any demand under this [Guarantee / SBLC] must be received by us on or before Expiry at the Place of presentation indicated above.

[This Guarantee is subject to URDG758, ICC publication. / This SBLC is subject to ISP98 / UCP600, ICC publication.]

4. The terms of return or non-return of offer security.

As per Section 12 of the Procedure of procurement of goods, works and services of PJSC "Ukrgasvydobuvannia".

5. Offer validity.

Proposals are considered to be valid for 90 days from the date of the proposals opening. Before the end of this period the customer has the right to request the prolongation of term of proposals validity.

6. Qualifying criteria and requirements for participants.

Qualifying criteria and requirements for participants are specified in Annex 1 to documentation.

The list of documents confirming qualification and requirements is specified in Annex 1 to documentation.
7. Information about required technical, qualitative and quantitative characteristics of the subject matter of procurement.

- Information about required technical, qualitative and quantitative characteristics of the subject matter of procurement is specified in Annex 3 to documentation.
In the qualifying offer participants should provide the documents confirming the compliance of the proposals with technical, qualitative, quantitative, and other requirements for the subject of procurement established by the customer.
8. Description of individual part (parts) of the subject matter of procurement, for which offers can be submitted.

-

9. Amending or revocation of the offer by the participant.

The participant has the right to amend or withdraw its proposal before the end of the term of its submission without losing proposal security. Such changes or statement of revocation of the offer are taken into account if they are received by the customer before the end of the term of submission of proposals.
Chapter 4. Submission and tear opening the offers


  1. Manner, place and deadline of the offers:

Proposals to purchase procedures, obtained by the customer after the expiration of their views are not accepted.

- the way of offers submission: Personally or through an authorized representative or by courier -"personally in hands.

place of submission: 04053, Kyiv, Kudravska, 26/28, office 904, procurement organization division, phone +38 (044) 461-27-14, 461-27-11 .

- deadline of submission (date, time): Deadline: 20.02.2017, before 16.00.

2. Place, date and time of the procurement procedure offers tear opening on the 1st stage:

- place of opening: 04053, Kyiv, Kudravska, 26/28, Conference or meeting room.

- date and time of opening: 21.02.2017, at 10.30.

At the first stage the customer is open the proposals of the participants. Envelopes with price are not opened.

By results of the opening of the envelopes with the qualification offer the appropriate protocol is formed with information about the submitted proposals, the name address and location of the participant, as well as other information. The protocol of opening of envelopes with qualification offers is not published on the website of the customer.

In the frame of the first stage the customer considers the qualifying offer of the participants in conformity with the requirements in the documentation of the procurement in accordance with the instructions of the pre-qualification for selection of the contractors (which is available on the website of the company www.ugv.com.ua in Chapter "Procurement»). The goal of the first stage - admitting to further participation in procurement of proposals meeting the requirements of documentation and reject the other as unacceptable. The customer has the right to apply to the participants for clarification of the content of their proposals.

The first stage should be completed within 21 working days after deadline of qualifying proposals. The term of consideration of the proposals may be extended for no more than 10 working days. The decision on extension of terms of consideration of qualifying proposals is drawn by the bidding Committee's decision.

By results of the first stage the bidding Committee makes decision about admission of the participants to the second stage of the procurement or rejection of admission according to the criteria of the qualification selection and define the date of the second stage (reduction). The bidding Committee's decision is documented by appropriate protocol.

Notice about the place, date and time of the second stage is published on the website of the customer and shall be sent by fax or email to the address of the participants admitted to 2nd stage no later than 5 working days before the date of the second stage.

Autorised representatives of the participant that received the message must register to participate in the procedure of price offers opening before the date of the second stage. They must provide the following documents to the customer:

- all filled pages of the passport or other document proving the identity certified by participant as well as provide the original of such document for review;

- the document autorising the representative on behalf of the participant to be present at the procedure of opening to sign the Protocol of results of opening procedure and declare or reduce the proposal’s price (power of Attorney or other document ).

The opening protocol signed by members of the bidding Committee and participants who were present at the procedure.
3. Estimated time of start of reversed auction (2nd stage):

- date and time of price offers opening: is published on the website of the customer and shall be sent by fax or email to the address of the participants admitted to 2nd stage no later than 5 working days before the date of the second stage.

At the second stage the envelopes with price offer of participants admitted by bidding Committee decision to the second stage are opened. Envelopes with price offer of participants that by the bidding Committee's decision was not allowed to participate in the second stage, are not opened. Price offer opening is held in the presence of representatives of the participants who admitted to the second stage. The lack of an authorized representative of participant during the procedure is not a reason for refusal in it offer opening.

Disclosure of the price offers is made at the time and place indicated in the notice about the second stage of the procurement procedure. Customer opens envelopes with price offer of participants and announces their price and proposes to the authorized representatives of the participants begin reducing the price of the subject of procurement or lot.

In case calculation of the present value of participants offer after their disclosure and announcement the Customer has the right to transfer the procedure price reduction of the subject of procurement to the next day after the day of the price offers disclosure. In this case the initial price of the offer is indicated in disclosure protocol. The disclosure Protocol is signed by members of the bidding Committee and participants were present. The next day the procedure of price reduction (auction) is carried out taking into account present value calculations.

The starting price for the procedure of reduction is considered to be the lowest price of the disclosed proposals. Representatives of the participants confirm their consent to the reduction of price offers by raising his hands and announcement the new price. If, after the triple announcement of final price none of the participants suggested new prices, the procurement procedure is stoped.

The initial and final price of proposals is specified in opening (reduction) protocol. Protocol of opening (reduction) is signed both by the bidding Committee's members and participants that were present.

The participant with the lowest price should provide a new price offer for the amount not more than recorded in the protocol on the subject of procurement as a whole or for each lot separately within 3 business days.

The period from the day of opening (reduction) to acceptance of the lowest price offer must not exceed 21 business days.
Chapter 5. The winner definition

  1. Offer evaluation and acceptance.

The winner is determined by decision of the bidding Committee by the lowest price (with VAT) at equal status of taxpayers or (without VAT) at different status taxpayer of participants or by results of the present value calculation, if such a calculation was used in the procurement procedure.

The customer has the right to ask for confirmation of the information provided by the participant to public authorities, enterprises, institutions, organizations, according to their competence.

In case of reliable information about his inconsistency to qualification requirements, presence of the grounds specified in the documentation of the procurement procedures, or the fact of indication in the offer any false information that is important in determining the results of the procurement procedure, the customer declines the offer of such participant.

The winner proposal acceptance is specified in protocol.

The notice about the winner of procurement procedure is published on the website of the customer within three working days from the day of acceptance.
2. Offer rejecting.

The customer reject the offer if:

- the participant’s offer does not meet the qualification requirements, including the technical and qualitative characteristics of the subject of procurement (lot) established by documentation of procurement procedures;

- the participant’s offer does not meet requirements established by documentation of procurement procedures;

- the participant doesn’t provid offers security, if such security was required by the customer;

- The participant has provided a written refusal from participation in the procurement procedure;

- offer is submitted by the participant which is associated person with the other participants of the procurement procedure;

- the participant doesn’t conducts economic activity in accordance with the provisions of its Charter;

- after the second stage (reduction) the customer appealed to the participant with the most economically advantageous offer for confirmation of information provided, and the participant has not provided documents or information in the specified period;

- the participant is entered in Blacklist.
3. Procurement procedure cancellation by the customer

The customer cancels the procurement in case of:

- lack of financing or need in procurement of goods, works and services;

- submission of less then two offers in procurement procedure;

- the price of the most advantageous offer exceeds the amount stipulated by the customer for financing of the procurement;

- if to the second stage (reduction) after first stage (qualification) less than two participants were admitted;

- not making a decision regarding acceptance of offer of participant who was participated in the procedure;

- unconclusion of the contract by results of procurement procedure;

Procurement procedure can be cancelled partly (by lots).

4. Other information

The prices are specified taking into account the requirements specified in item 6 of Chapter 1 of this documentation taking into account the value added tax and the cost of other expenses necessary for the implementation of the agreement, on the conditions determined by this documentation.

Participant specifies price including all costs relating to the goods until the moment of its delivery in accordance with the terms of this documentation, including travel expenses, as well as all duties, taxes and other fees are payable at export of goods and which is need to transit shipment through any country prior to its delivery. The cost of customs procedures in the country of import are paid by participant.


Chapter 6. Conclusion of the contract

1. Terms of the contract conclusion

The customer enters into a contract with the participant an offer of which was accepted not later than twenty one business days from the date of acceptance.
2. The draft contract or the basic conditions which necessarily included to the contract

The draft contract for procurement is specified in Annex 4 to this documentation.

3. The actions of the customer in case of refusal of the bidding winner to sign a contract

In the case of a written denial of the winner of procurement procedure to sign a contract in accordance with the requirements of the procurement procedure documentation or not signing a contract by fault of the participant within the time limit determined by this documentation the customer may determine the most economically advantageous offer of procurement procedure from those the period of validity of which has not expired, and makes a contract with him no later than 21 business days from the day of repeat definition of the winner.

4. Enforcement of treaty

-

6. List of documents for the winner, necessary for the contract conclusion

At the conclusion of the contract the winner provides the following documents:

A copy, certified by the winner:

а). the Charter, the Foundation/memorandum, the decision about the formation of the entity;

b). An original or a copy of an excerpt from the Registry of VAT or Unified Tax Payers (except for the entities that are non-residents of Ukraine);

c). a document confirming the authority of the person who signs the Contract (Passport and a copy of the order or a copy of a power of Attorney, or a copy of the decision of the supreme body of the legal person, or any other document confirming the right of such person to sign the contract);

d). extract/ certificate from the unified State Register of legal entities and private persons-entrepreneurs;

e). certificate of registration of the taxpayer in the TAX INSPECTION or certificate of payer;

f). Participant’s balance statement for the latest reporting period;

g). permission to perform certain activities, if such permission is necessary according to the current legislation for a certain type of activity (license, patent, certificate, etc.);

h). certificate from the Bank about opening of current account for the details specified in the contract;

і). certificate from the Bank about the lack (presence) of overdue indebtedness on loans, which must be dated no earlier than the last day of the quarter preceding the publication of the announcement about the bid;

j). certificate from STATE TAX INSPECTION about absence of indebtedness to the budget on the required taxes and fees, which must be dated no earlier than the last day of the quarter preceding the publication of the announcement of the bid;

k) certificate from public body about absence of bankruptcy proceedings and no decision on bankruptcy;

l). information about the actual location of the contractor and the phone numbers of the head and chief accountant or person who performs its function;

m). for State and municipal enterprises, institutions and organizations that provide services perform work for a company instead of the documents provided by items above, the certificate signed by the head of such an enterprise, institution or organization may be provided with these issues..
Chapter 7. Blacklist.

1. Inclusion into the Blacklist of participants.

The customer compile the Blacklist of unscrupulous participants. The inclusion of participants into the Blacklist is made by decision of the customer.

The information about unscrupulous participants is intered into the Blacklist for a period that may not exceed one year. Blacklist is published on the website of the customer. Reasons for inclusion of unscrupulous participants into the Blacklist are as follows:

- if participant anreasonably refused to sign the contract;

- participants with whitch the contracts was terminated in connection with significant violations of contract terms by them;

- committed disapproving and anti competitive concerted actions;

- violated the agreement about protection of confidential information;

- provided any false information in the proposals.

- breaches of obligations under the concluded Contracts.










Annex 1 to procurement documentation



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