|
-
In view of the Constitution of the
Republic of Yemen
-
Republican Decree No. (3)/2004
concerning the Council of Ministers
-
Republican Decree No. (8)/2006
concerning the formation of the Council of Ministers
-
Republican Decree No. (40)/2000
concerning the Organizational Regulation of the Ministry
-
Republican Decree No. (204)/1997
concerning the foundation a Petroleum Exploration and Production
Authority
-
in accordance with the proposal
forwarded by the Minister of Oil and Minerals
-
and after the approval of the Council
of Ministers
The Prime Minister gave his decision
on:
Chapter I
Operational Definitions and Objectives
Article (1)
This
shall be called Organizational Regulation of the International
Competitive Bidding’s Procedures on Open Exploration Oil Blocks”.
Article (2)
The
following words and expressions shall have the designated meaning
against each one unless the context dictates otherwise.
|
The Republic: |
The Republic of Yemen |
|
The Council: |
The Higher Council for Investment, Oil and Economic Affairs
|
|
The Government: |
the Government of the
Republic
of Yemen as defined in the Yemeni Constitution; |
|
The Ministry: |
\the ministry of oil and minerals (MOM); |
|
The Minister: |
the minister of oil and minerals |
|
The Authority: |
the Petroleum Exploration and Production Authority ( PEPA) |
|
The Committee : |
A Committee is formed by the Oil Minister to carry out
procedures covering the international competition as
stipulated by the Regulation. |
Chapter II
The Phases of Competition Procedures
Article (8)
Invitation(s) to bid shall be advertised and shall define the
procedures and requirements for competition. Competitive stages
and relevant schedules shall also be defined as follows:
First: Advertising and Receipt of Applications:
An advertisement shall be published in specialized domestic
and international media which are approved by the Committee as
well as an Electronic Ad on PEPA Site. The advertisement shall
last for 3 to 6 months.
Second: Pre-Qualification Phase
All applications or offers shall be received from all
applicant companies and such offers would be
considered and dealt with in not more than a period of a
month.
Third: Accessibility Phase
All initially qualified companies shall be advised of the
date and time to have an access to data and information of the
expected blocks in the Data Rooms. This procedure will take an
event for 3-4 months.
Fourth: Giving Out “Standard Offering Forms” to Competitors
An official meeting shall be held together with all
representatives of companies who will be granted the opportunity
to have access to view blocks data who are initially qualified.
The purpose is to hand the initially qualified companies’
representatives “Standard Offering Forms” and the draft contract.
This shall last for a period of three weeks from the last day of
the access stage.
Fifth: Reception Phase
A period of thirty days following the official meeting’s date
will be given to receive the bids in sealed envelopes. No bid
shall be accepted after
six p.m.
Sana’a time. Therefore envelopes shall be opened the day following
the receipt deadline.
Fifth: Offer/Bid Evaluation, Comparison and Analysis
Envelopes shall be opened and the data of each
offer shall be input into a special table. Bids/offers shall be
analyzed within a month from the date of opening..
Sixth: Advertising Competition Results
The names of winning bidders shall be advertised
in all different media along with forwarding letters of award to
the winners within a week from the Minister’s approval of the
results of bid analysis.
Chapter III
Requirements and Conditions for Participation in the Competition
and Initial Qualification
Article (9)
Applicant Companies shall attach to the "Application Form" all
required documents which prove their experience, technical and
financial potentials in accordance with the Regulation. Such
documents shall include the following:
1.
Article of Association
2.
Registration/Foundation Certificate
3.
Annual ( Financial and Technical)
Report of the applicant company accredited by the auditor; such
report shall cover two years prior to the year of entering the
competition; all documents shall be accredited and documented as
origins;
4.
The Board of Directors’ Decision shall
be attached If the applicant is the parent company; otherwise, the
applicant company shall attach the approval of the parent company
to enter the competition, its acceptance to all expected
agreements and contracts in this respect. Another document is that
showing the status of the affiliated company.
5.
Details of applicant company profile
shall be presented by completing the application form and stamping
it ( use the application form given out by the MOM).
6.
Applicant Company must clarify any
legal actions/charges or law suits for/against it, if applicable.
7.
All documents must be documented and
endorsed.
Article (10)
To participate in the international competitive bidding, applicant
company(s) shall present a “Bid Bond” with a value not less than
fifty thousand US Dollars (Bid Bound) in PEPA account. This
guarantee shall be in the form of a Letter of Credit or a payable
check from a domestic bank. Noteworthy, the guarantee shall be
valid for at least six months from the deadline of acceptance to
enter the competition, that is, following the ending of the first
stage. Where as to ensure the completion of the competition
procedures and in case of company/companies considered
unsuccessful a guarantee is refundable as dictated by Article 25
of the Regulation.
Article (11)
I) A
Company /Companies (individually and/or collectively) shall be
considered initially qualified to compete if it/they fulfill the
following:
1.
Experience: If the company/companies
possess sufficient technical experience to operate and run oil
blocks according to the basics of international oil industry.
2.
Financial Potentials: If the company
possess the financial capacity to pay a capital not less than $50
million.
3.
Environmental Record: If the
company/companies enjoys a very good environmental record;
II): If the company/companies do not have any of the above
conditions, then it is considered initially unqualified and shall
be informed formerly of the qualification result.
Article (12)
A Company consortium is qualified if it fulfills the above
mentioned conditions and data requirements and provided that one
of the members be an operator fulfilling the operational
conditions as stipulated by the Regulation. Thus, the agreement
and the declaration documents among the consortium members shall
be submitted too.
Article (13)
Companies owned by individuals or general companies (registered in
the world stock markets) shall fulfill and meet the conditions of
the Regulation and shall be an operator itself/themselves.
Article (14)
Companies with no operational experience in oil operations shall
not be accepted unless they have operation partner(s).
Article (15)
Investment companies owned by an individual(s) shall apply along
with a competent operator fulfilling the relevant conditions of
the Regulation and the operation agreement between them shall be
attached to the application form.
Article (16)
The PEPA shall inform the initially qualified companies with the
results of (technical and financial) initial qualification
formally after the Minister has given his approval of the
qualification results.
Article (17)
The Committee shall define a schedule for the initially qualified
companies to have an access to view data and information.
Initially qualified companies will be informed of that.
Chapter IV
Offers
Article (18)
The
Committee will define the minimum technical and financial
obligations required for each block individually in the bid forms
according to the criteria stipulated by the Regulation. These bids
shall be distributed to initially qualified companies along with
the MOM’s sample agreement; such "Offering Forms" must include
the following:
1.
Percentages of sharing oil.
2.
Royalty
3.
exploratory periods and the minimum
level of financial and technical obligations.
4.
percentage of cost oil and components
for cost recovery.
5.
the Ministry Royalty share.
6.
signature bonus.
7.
training bonus.
8.
institutional bonus.
9.
social Development bonus.
10.
scientific research contribution.
11.
Data Bank Development Project
contribution.
12.
Production bonus.
Article (19)
Companies shall submit their offers/bids in sealed envelopes along
with a banking guarantee from one of the domestic banks. Such
guarantee shall be at least an amount equaling 3% out of the
total costs of the first exploratory phase as defined in the bid(s)
and the guarantee, being irrevocable, shall be in the name of the
PEPA in the form of a Letter of Credit or a payable check from a
domestic bank ensuring the guarantee shall be valid for at least
six months from the final deadline. This shall be for the sake of
completing the procedures to sign the agreement.
-
The above guarantee shall be refunded
to the company two weeks following the final signing of the
agreement and as soon as the signature bonus is paid.
-
The above guarantee shall be taken by
the PEPA if the company did not follow the completion of
negotiations and signing procedures of the agreement in the date
defined by the MOM without having to go through other legal
procedures.
Article (20)
Bid
opening shall be carried out at the defined date.
-
The Committee shall make a bid opening
minutes, jot down every bid’s information in a special table at
the same meeting. It shall take into account the complete
confidentiality of each bid’s information.
-
All Committee members as well as other
assistants shall sign the minutes and data tables; then all of
that shall be endorsed by the Minister.
Article (21)
All bids shall include all economic and technical status of the
applicant companies in accordance with the Standard Form for that
purpose. The Form shall incorporate the least required conditions
and shall be signed by the individual/individuals representing the
applicant company(s) and endorsed as originals.
Article (22)
As defined by the bid form handed to initially qualified companies,
any bid lacking the least conditions shall not be considered.
Article (23)
At the final
signing of the draft agreement, the 3% guarantee shall be
refunded to the company provided that the company has given a
guarantee for the signature bonus specified in the bid of the
company for any competed block/blocks
Article (24)
PEPA
have the right to withdraw the initial guarantee , the fifty
thousand US Dollars, defined in Article (5) without having to
resort to any legal procedures; this shall be in the following
circumstances:
1.
if the applicant company retreats
before the declaration of the results of initial qualification;
2.
If the company does not submit its
offer in the specified date, that is, before the final deadline.
3.
if the company does not submit the 3%
guarantee or increase the initial guarantee ( the $50 thousand)
to equal the value of 3% guarantee or either one;
Article (25)
The Ministry have the right to reject any offer or bid without
giving any reasons for such rejection. |
