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Final Tender Protocol and Draft of Concession Agreement

Published: Friday, 10 November 2017 18:29 | Last Updated: Thursday, 21 December 2017 11:08 | Hits: 247

Changes to the tender protocol and to the draft of the concession contract of the 13ª Bidding round – Marginal accumulations – 03/04/2016 

As reported in the DOU on March 04, 2016, the ANP has promoted changes in section 9 of the notice and in the clause 14 of the draft of the concession contract of the 13th bidding round for inactive areas with marginal accumulations for the granting of rehabilitation activities and production of oil and natural gas.

Tender Protocol of the 13th Bidding round – Marginal accumulations

- On section 9.1, where we read: 

“The documents for signing of the concession contract must be presented in a single route, regardless of the number of blocks awarded, except the documents itemized in sections 9.1.2.1, 9.1.2.2, 9.1.3, 9.1.4 and 9.1.5, (where applicable) and 9.1.6 which must be submitted for each contract to be signed.
Table 14, presented at the end of this section, consolidates the list of documents necessary for the signature of the concession contract.” 

 

Read: 

"The documents for signing of the concession contract must be presented in a single route, regardless of the number of blocks awarded, except the documents itemized in sections 9.1.2.1, 9.1.2.2, 9.1.2.3, 9.1.3, 9.1.4 and 9.1.5 (when applicable) and 9.1.6 which must be submitted for each contract to be signed.
Table 14, presented at the end of this section, consolidates the list of necessary documents for signature of the concession contracts. " 

- On section 9.1.2, where we read: 

"The financial collateral must be accompanied by the following supporting documents of legal representatives of the issuer:

a) Corporate documents relating to society to provide the collateral, broken down in section 4.3.1, observing that the document of line (d) of the mentioned section must be signed by legal representatives of the company, with powers to do so;
b) Power of attorney to the representatives who shall sign the guarantees, if applicable; and
c) Documents (CPF and RG) of the representatives referred to in (b). "

 

Read: 

"The financial collateral in letter of credit and surety bonds shall be accompanied by the following supporting documents of legal representatives of the issuer:

a) Corporate documents relating to society to provide the collateral, broken down in section 4.3.1, observing that the document of line (d) of the mentioned section must be signed by legal representatives of the company, with powers to do so;
b) Power of attorney to the representatives who shall sign the guarantees, if applicable; and
c) Documents (CPF and RG) of the representatives referred to in (b)." 

- Inclusion of section 9.1.2.3, with the following text: 

9.1.2.3 Security deposit 

The collateral deposit in warranty is disciplined by Decree-Law No. 1.737/1979 and by Decree No. 93.872/1986.
For the collateral of the initial work program (IWP) with security deposit, the interested bidder (escrow) shall open one or more deposit- accounts in any branch of Caixa Economica Federal (CEF), having as payee the National Agency of Petroleum, Natural Gas and Biofuels-ANP (CNPJ 02.313.673/0002-08).

The numbering of the deposit-account will be set by the CEF at the time of its opening, where the amount should be deposited, preferably in cash or check, the collateral of the initial work program for each concession contract (an individual deposit-account for the PTI collateral of each concession agreement).

For the use of this modality the proof of deposit should be presented, the original copy of the deposit receipt form duly completed and signed. If the deposit is made by check, please send deposit-account extract proving payment of the check.

The CEF standard model of the "Receipt of Deposit" is available on the electronic site http://www.brasil-rounds.gov.br.

The criteria, conditions and rates of correction/updating are defined by the CEF and are laid down in the own form "Receipt of Deposit". 

Contract template of the 13ª Bidding round – Marginal accumulations 

- Clauses 14.2, where we read: 

“Form of financial collateral of the initial work program 

14.2. The concessionaire can provide the ANP the following instruments as financial collateral:
a) Irrevocable letter of credit; or
b) Collateral insurance;”

 

Read:

“Form of financial collateral of the initial work program 

14.2. The concessionaire can provide the ANP the following instruments as financial collateral:

a) Irrevocable letter of credit; or
b) Collateral insurance;
c) Security deposit as collateral.” 

-Inclusion of Clause 14.18, with the following text: 

14.18 in security deposit as collateral mode, the execution of the collateral of the Initial work program will be carried out by withdrawing the value corresponding to the non executed activity, through ANP correspondence to the depositary regardless of prior authorization of the depositor, and the account number may be nominated with transference to discharge the obligation. 

» Rectified Notice
Word Version (2,68 MB)
PDF Version (2,71 MB) 

» Rectified Draft concession contract
Word Version (410 KB)
PDF Version (750 KB) 

 


The Final Tender Protocol brings the rules and procedures of the 13th Bidding Round – Marginal Accumulations and the draft of the Concession Contract, a bind part of the Final Tender Protocol, sets forth rights and obligations of the future concessionaires. 

The final tender protocol and the draft of concession contract furnish improvements in relation to the draft tender protocol and to the draft of concession contract, published on June, 12th 2015. 

The contributions received during the period of public consultation and Public Hearing no. 15/2015 were assessed by ANP and those considered as relevant were used for the improvement of the tender documentation. The tables which consolidate the contributions, the deliberation of ANP, as well as their respective justifications are available for download at Page: Public Consultation and Public Hearing. 

The statement of the final tender protocol of the 13th Bidding Round – Marginal Accumulations was published in the Federal Official Gazette as of October 01st of 2015. The approval of the final tender protocol, ad referedum as per the Board of Directors was ratified at the meeting as of October 02nd, 2015, by means of the Board Resolution No. 760/2015. 

The full content of the final tender protocol, which contains the draft of the concession contract, is available for download in word and pdf formats. 

» Final Tender Protocol (in Portuguese)
Word Version (2.748 KB)
PDF Version (2.775 KB)

» Draft of Concession Agreement (in Portuguese)
Word Version (408 KB)
PDF Version (750 KB)

Alternatively, it is possible to obtain copies of documents at the Superintendencia de Pomoção de Licitações ( Superintendendy of Licensing Rounds Promotion ), located at Av. Rio Branco, No 65, 18º andar, Centro, Rio de Janeiro – RJ, by paying the Federal Tax Liability Payment Form – GRU on the amount of R$ 13,19 (thirteen reais and nineteen cents) for the final tender protocol and R$ 4,42 (four reais and forty two cents) for the draft of the concession contract. The following references must be included in the GRU form, as follows:

» Managing Unit (UG): 323031
» Management (Gestão): 32205
» Name of the Payee (Nome da Unidade Favorecida): Escritório Central da ANP (ANP Head Office);
» Collection Code (Código do Recolhimento): 18855-7;
» Reference Number (Número de Referência): 48610.012594 / 2014-53;
» Remain in blank 'Competence' (Competência) field;
"In the spot ‘expiration date’ (Vencimento), insert date of payment; (DD/MM/YYYY)

All other relevant information is concerned to the company which shall perform the payment.

To issue the GRU, log on:

https://consulta.tesouro.fazenda.gov.br/gru/gru_simples.asp.

 


The Draft Tender Protocol of the 13th Bidding Round – Marginal Accumulations, whose notice was issued in the Federal Official Gazette on July 30th of 2015 and in major newspapers, binding the offered areas, to the rules and procedures towards the participation and the preliminary bidding schedule. The draft concession agreement is part of the draft tender protocol. 

CNPE has granted ANP, via Resolution No. 01/2015, issued in the Federal Official Gazette on July 09th, 2015, to render the 13th Bidding Round for the acquisition of blocks intended for the hiring of exploration and production activities of oil and natural gas and for the inactive areas with marginal accumulations. 

The 13th Bidding Round shall be composed by two stages, as of the first in regard to the exploratory blocks and the second in regard to the inactive areas with marginal accumulations. 

The draft tender protocol and the draft of concession agreement shall undergo through public consultation and public hearing, subject to possible corrections and adjustments. 

The full content of both draft tender protocol and the draft of concession agreement can be downloaded in .docx and .pdf format by clicking on the links below. 

» Draft Tender Protocol (in Portuguese)
Word version (2.745 KB)
PDF version (2.763 KB) 

» Draft of Concession Agreement (in Portuguese)
Word version (390 KB)
PDF version (746 KB) 

Alternatively, it is possible to obtain copies of documents at the Superintendencia de Pomoção de Licitações  (Superintendendy of Licensing Rounds Promotion ), located at Av. Rio Branco, No 65, 18º andar, Centro, Rio de Janeiro – RJ, by paying the Federal Tax Liability Payment Form – GRU on the amount of R$ 12,85 (twelve reais and eighty five cents) for the final tender protocol and R$ 4,49 (four reais and forty nine cents) for the draft of the concession contract. The following references must be included in the GRU form, as follows: 

» Unidade Gestora (UG): 323031;
» Gestão: 32205;
» Nome da Unidade: Escritório Central da ANP;
» Código do Recolhimento: 18855-7;
» Número de Referência: 48610.005925/2015 - 80;
» Deixar em branco o campo 'Competência';
» No campo 'Vencimento', colocar a data do pagamento; 

All other relevant information is concerned to the company which shall perform the payment. 

To issue the GRU, log on: https://consulta.tesouro.fazenda.gov.br/gru/gru_simples.asp.

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