Nature Section on Tender Protocol Document Requirement Model Notarization Documents issued abroad and/or foreign language Consularization in diplomatic division (for documents issued abroad) Sworn Translation (for documetns in foreign language) RTD (for documents issued abroad) 4.2 Application 4.2.1 a) Corporate documents / incoporation √ No √ √ √ √ 4.2.1 b) Corporate documents / Evidence of powers and the names of the legal representatives If applicable No √ √ √ √ 4.2.1 c) Corporate documents / Dcocuments providing the fullfillment of any conditions to the exercise of powers of representatives If applicable No √ √ √ √ 4.2.1 d) Statement of current corporate acts √ APPENDIX V √ √ Not applicable. Follow the attached model.* √ 4.2.2 Procuration for appoitment of authorized representatives √ APPENDIX VI √ √ √ √ 4.2.3 Organization detailed control chain √ No √ √ √ √ 4.2.4 Statement of technical, economic and financial and legal capacity, tax and labor regularity √ APPENDIX VII √ √ Not applicable. Follow the attached model.* √ 4.2.5 Confidentiality Contract √ APPENDIX VIII √ √ Not applicable. Follow the attached model.* √ 4.2.6 Adequancy commitment term of the corporate object of business company rehabilitation and production of oil and natural gas If applicable APPENDIX IX √ √ Not applicable. Follow the attached model.* √ 4.2.7 a) Evidence that is organized and functioning regularly under the laws of its country Only for foreign bidders No √ √ √ √
4.2.7 b) Termo f commitment to business company constituion under Brasilian law or controlled Brazilian business company statement already made to sign the conecssion contract in place should win the bid Only for foreign bidders APPENDIX X √ √ Not applicable. Follow the attached √ 4.3 Participation fee 4.3.1 Payment of participation fee √ APPENDIX IV √ √ Not applicable. Follow the attached model.* √ Copy of of payment to the participation fee √ No No No No √ Notice: * If notarization is in a foreign language, a sworn translation and the record in the RTD is needed.
Means and issuing of the Bid guarantees The offer of guarantees can be provided in the following ways: (i) letter of credit; (Ii) guarantee insurance; and (iii) cash bond. Credit should be issued by banks or financial institutions regularly registered in the Central Bank of Brazil and authorized to operate in the form of Appendix XI of the model (Part 1). The guarantee insurance policies to be issued by insurance companies authorized by the Superintendence of Private Insurance and able to operate in the form of Appendix XI of the model (Part 2). The guarantee insurance policies must also be accompanied by statement containing the reinsurance contract number made by business company authorized by SUSEP. Regarding the letter of credit and guarantee insurance, should also be noted: I. The guarantees must be accompanied by supporting documents of the representatives of the issuer condition: (i) corporate documents relating to the business company giving security, detailed in section 4.2.1, paragraphs (a), (b) and (c ); (ii) power of attorney for representatives who sign the offer of guarantees, if applicable; and (iii) certified copies of documents (CPF and identity document) of the representatives referred to in item (ii); II. The institutions issuing these guarantees may not be in default with the obligation to indemnify the ANP for guarantees already submitted or to be under regime of fiscal management, intervention and extrajudicial liquidation. The ANP will release on the website the list of delinquent financial institutions with the obligation to indemnify the ANP and will not be admitted as guarantors. In the categories letter of credit and guarantee insurance, the provision of guarantee must have the place of performance solely to the city of Rio de Janeiro. If you have no branch in this city, the guarantor shall appoint a representative for this purpose, and shall immediately notify the ANP possible amendment of such a representative. For the submission of bid in the form cash bond, the interested bidder (Escrow) shall open one or more deposit accounts at any branch of Caixa Econômica Federal (CEF) using the "Deposit Receipt" form (Model No. 37.035- 5). The escrow account should be opened in the name of the interested bidder, whose favored the National Petroleum, Natural Gas and Biofuels - ANP (CNPJ 02,313,673 / 0002-08).
Qualification and proof of tax compliance and labor To obtain the qualification, in addition to the documents already submitted for registration provided for in section 4.2, the bidders must submit the documents listed in this section, which will be evaluated according to the criteria defined in this Tender Protocol: corporate documents listed in section 4.2.1, if there has been any change in the articles of incorporation or the bidder's management board since the registration; statement of no impediment to signing the concession contract in accordance with Appendix XV, stating that is no fact that would prevent the signing or execution of the concession contract; statement on relevant legal or judicial claims under Appendix XVI, attesting to the existence or non-existence of relevant legal or judicial claims, including those which may lead to insolvency, judicial recovery, bankruptcy, or any other event that may affect the financial capacity of the bidder (if relevant disputes, these must be disclosed); of tax compliance and labor, by presenting the following documents: proof of enrollment in the CNPJ; Joint Clearance Certificate of Debts or positive with negative effect on Federal Taxes and the Overdue Union, the office of the General Attorney of the National Treasury (PGFN), covering all federal tax credits administered by the RFB and PGFN; Regularity Certificate FGTS (CRF); Clearance certificate Debits Labor, or positive with negative effect in charge of the Labour Court. The bidders who submit registry registration and a regular situation in the System Unified Registration of Suppliers will be required to submit the documents listed in paragraph (d), except clearance certificate Debits Labor, or positive with negative effect in charge of Justice Labour. The existence of the debtor as bidder registration is impeding fact of qualification, unless the recorded evidence that has filed demands in order to discuss the nature of the obligation, or its value, and offered enough to guarantee judgment, pursuant to the law; or is suspended the payment of the credit record object. Foreign bidders are not required to submit the documents relating to the proof of tax compliance and labor. Technical Qualification The bidder will be technically qualified as operator A, B, C, D or non-operator.
Qualification Legal qualification Technical qualification 1 Economic and financial qualification (PLM) Environment Operator A proof of reg. Tax and labor 81 points or R$ 122.000.000,00 qualified to operate in blocks, deep water, shallow water, land and in areas with marginal accumulations Operator B proof of reg. Tax and labor From 30 to 80 points R$ 67.000.000,00 qualified to operate in shallow water blocks, on land and in areas with marginal accumulations Operator C proof of reg. Tax and labor From 2 to 29 points R$ 4.500.000,00 qualified to operate on blocks located on land and in areas with marginal accumulations Operator D proof of reg. Tax and labor E & P professional with at least 2 years of experience R$ 700.000,00 qualified to operate only in areas with marginal accumulations Non Operator proof of reg. Tax and labor Summary of it's main activity 50% of the PLM required by the operator can only submit offers in consortium with other bidders Notes: 1 In the case provided for in section 7.2.4, the scoring criterion does not apply for the purpose of technical qualification. 2 In order to obtain qualification at operator level A, the bidder must have experience in exploration and production activities in shallow, deep or ultra deep waters in the condition of operator, regardless of the score achieved. Table 16 consolidate the documentation of qualification and submission procedures set forth in this Tender Protocol.
16 - List of documents for qualification Nature section in the Document Mandatory Notarization Documents issued abroad and / or in a foreign language Consularisation in diplomatic distribution (for documents issued abroad) Translation Requirement (for documents in a foreign language) 7.1 Legal qualification and proof of fiscal and labor regularity 4.2.1 a) Corporate documents / Articles of incorporation When there is change No √ √ √ √ 4.2.1 b) Corporate documents / Proof of the powers and names of legal representatives When there is change No √ √ √ √ 4.2.1 c) Corporate documents / Documents proving compliance with any conditions for the exercise of the powers of representatives When there is change Não √ √ √ √ 4.2.1 d) Ace) Declaration of current corporate acts When there is change APPENDIX V √ √ Not applicable. Follow the attached model. * √ 7.1 b) Acl) Declaration of absence of impediments to the execution of the concession contract √ APPENDIX XV √ √ Not applicable. Follow the attached * √ 7.1 c) Declaration on relevant or judicial issues √ APPENDIX XVI √ √ Not applicable. Follow the attached model. * √ 7.1 d1) of registration of CNPJ Only for national bidders No Not applicable Not aplicable Not aplicable Not aplicable 7.1 d2) Clearance Certificate of Debts or Positive with Negative effect related to Federal Taxes and to Active Debt of the Union, by the Attorney General of the National Treasury (PGFN) Only for national bidders No Not applicable Not applicable Não aplicável Not aplicable
Table 17 - List of documents for signing the concession contracts Nature Section in the edict Document Mandatory Model Notarization Documents issued abroad and / or in a foreign language Consularisation in diplomatic distribution (for documents issued abroad) translation (for documents in a foreign language) RTD (for documents issued abroad) 9.1 Documents for signing the concession contracts 9.1.1 Information from the signatory √ APPENDIX XXIII √ √ Not applicable. Follow Appendix template. * √ 9.1.2 Financial guarantee of the initial work program √ APPENDIX XII, XXIV, XXV √ √ Not applicable. Follow Appendix template. * √ 9.1.2 Statement by the consortium dealer on the financial guarantees of the initial work program If applicable APPENDIX XXVI √ √ Not applicable. Follow Appendix template. * √ 9.1.3 Proof of payment of the signing bonus √ No No Not applicable Not applicable Not applicable 9.1.4 Consortium agreement If applicable No √ Not applicable Not applicable Not applicable 9.1.5 Performance guarantee If applicable APPENDIX XXVII √ √ Not applicable. Follow Appendix template. * √ 9.1.6 Term Commitment of deactivation and abandonment √ APPENDIX XXVIII √ √ Not applicable. Follow Appendix template. * √ 4.2.1 a) Corporate documents / Constitutive Acts When there is a change No √ √ √ √ 4.2.1 b) Corporate documents / Proof of the powers and names of legal representatives When there is a change No √ √ √ √ 4.2.1c) Corporate documents / Documents proving compliance with any conditions for the exercise of the powers of representatives When there is a change No √ √ √ √ 4.2.1 d) Statement of actuality of corporate acts When there is a change APPENDIX V √ √ Not applicable. Follow Appendix template. * √
7.1 Proof of fiscal and labor regularity If the expiry date has expired No No No No No 9.2 Signing of the concession contract by an affiliated company 9.2.1 Documents related to qualification, financial, technical, and proof of fiscal and labor regularity of the affiliated company If applicable Follow the guidance in Table 16 - List of documents for qualification Follow the guidance in Table 16 - List of documents for qualification Follow the guidance in Table 16 - List of documents for qualification Follow the guidance in Table 16 - List of documents for qualification Follow the guidance in Table 16 - List of documents for qualification Note: * If notarization is in a foreign language, sworn translation and registration in the RTD are required.
JACUMIRIM -12:31:15.000,-38:27:20.625 -12:31:15.000,-38:27:11.250 -12:31:05.625,-38:27:11.250 -12:31:05.625,-38:27:03.162 -12:31:15.000,-38:27:03.162 -12:31:24.375,-38:27:03.162 -12:31:33.750,-38:27:03.162 -12:31:43.125,-38:27:03.162 -12:31:44.720,-38:27:03.162 -12:31:44.720,-38:27:01.875 -12:31:44.720,-38:26:53.787 -12:31:52.500,-38:26:53.787 -12:32:01.875,-38:26:53.787 -12:32:11.250,-38:26:53.787 -12:32:11.250,-38:27:20.625 -12:31:15.000,-38:27:20.625
VALE DO QUIRICÓ -12:21:43.125,-38:10:00.000 -12:20:48.467,-38:10:00.000 -12:20:48.467,-38:09:50.625 -12:20:48.467,-38:09:41.250 -12:20:48.467,-38:09:31.875 -12:20:48.467,-38:09:22.500 -12:20:48.467,-38:09:13.125 -12:20:48.467,-38:09:05.026 -12:20:56.250,-38:09:05.026 -12:21:05.625,-38:09:05.026 -12:21:15.000,-38:09:05.026 -12:21:24.375,-38:09:05.026 -12:21:33.750,-38:09:05.026 -12:21:43.125,-38:09:05.026 -12:21:43.125,-38:10:00.000
-12:53:35.625,-38:39:51.920 -12:53:45.000,-38:39:51.920 -12:53:54.375,-38:39:51.920 -12:54:03.750,-38:39:51.920 -12:54:13.125,-38:39:51.920 -12:54:22.500,-38:39:51.920 -12:54:22.500,-38:40:18.750
10 Clearance certificate of labor debts or positive with negative effect (CNDT) 11 Technical Summary 12 Aspects related to SMS 13 Financial Statements for the past three years 14 Independent auditors' opinions 15 Summary of Financial Statements 16 Documentation equivalent to requirements, if applicable - section 3.1.1 17 Others: [discriminate] Sincerely, ___________________________ [signature] Signed by: [Insert the name(s) of representative(s) accredited of the bidder] and place and date]
Fax (21) 3797-6399 Addresses and fax numbers for routing information relating to this Letter of Credit may be changed by the Issuer or the ANP by notice given to the other party at least 15 banking days prior to the date of change. 10. This Letter of Credit sets in full and unconditional obligation of the Issuer and such obligation shall in no way be modified or amended based on any document, instrument or contract, except (i) Reduction Certificate (ii) the Payment Order, (iii) the Drawing Certificate, (iv) the Receipt Certificate, (v) the approval by the ANP Assignment of the Contract under Clause Twenty-two of the Concession Contract( vi) the approval by the ANP extension or suspension of the Initial Work Program schedule set forth in Sections Fifth and Fourteenth of the Concession Contract. 11. This letter of credit on the terms and conditions herein and for the purpose intended, is a valid, legal and binding document in the place of its billing and the issuer may not oppose the ANP claim of any kind to prevent its full and complete implementation. Sincerely, [Insert bank name] ___________________________ [signature] Name: [Insert the name of the person responsible for issuing] Position: [insert position of the person responsible for issuing] Document 1 REDUCTION CERTIFICATE In reference to the Letter of Credit in character Irrevocable Guarantee (Letter of Credit) No [insert Letter of Credit number], dated on [insert date, in format day/month/year], issued by [Insert bank name] in favor of the ANP. The Capitalized terms from this point and not defined herein have the respective meanings set forth in the Letter of Credit. The undersigned, duly authorized to sign this certificate on behalf of ANP, hereby certifies that: The amount in Reais, specified under (a), is the amount allocable to the Nominal Amount of the Letter of Credit to the work performed by the Concessionaires relating to the Initial Work Programme to the date of this certificate; and