1

NATIONAL AGENCY OF PETROLEUM, NATURAL GAS AND

BIOFUELS - ANP


PRELIMINARY TENDER PROTOCOL FOR GRANTING
CONCESSION CONTRACTS FOR
EXPLORATION AND PRODUCTION OF OIL AND NATURAL
GAS


ELEVENTH BIDDING ROUND
RIO DE JANEIRO, 24 January 2013.



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WARNING:
I - Preliminary Tender Protocol
This Preliminary Tender Protocol contains the provisions applicable to the activities of
Exploration and Production of Oil and Natural Gas in Blocks with exploratory risk.
II - The official versions
This Preliminary Tender Protocol was prepared in Portuguese which is the only official version.
Versions in English of some annexes may be included for guidance only. ANP may make
available, for reference, an English version of the complete Preliminary Tender Protocol.



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Content


1 INTRODUCTION................................................................................................................................................ 5
1.1 Current Legislation ............................................................................................................................................. 5
1.2 Areas Available in the Eleventh Bidding Round ................................................................................................. 5
1.3 Procedures for Participation in the Eleventh Bidding Round .............................................................................. 6
1.4 Schedule ............................................................................................................................................................ 6
2 MATTER OF THE BID ....................................................................................................................................... 7
2.1 Exploratory Models ............................................................................................................................................ 7
3 CONDITIONS FOR PARTICIPATION IN A BID ................................................................................................. 9
3.1 Requirements for qualification ............................................................................................................................ 9
3.2 Qualification of foreign companies ....................................................................................................................10
3.3 Expression of Interest .......................................................................................................................................10
3.3.1 Declaration of Conformity - List of Documents for Qualification ........................................................................ 10
3.3.2 Introduction Letter for the Submission of the Expressions of Interest ............................................................... 10
3.3.3 Attorney for the Appointment of the Accredited Representative ........................................................................ 11
3.3.4 Confidentiality Agreement ................................................................................................................................. 11
3.3.5 Acts of Incorporation ......................................................................................................................................... 11
3.4 Technical Qualification ......................................................................................................................................12
3.4.1 Technical Qualification as Non-Operator .......................................................................................................... 12
3.4.2 Technical Qualification as Operator .................................................................................................................. 12
3.5 Financial Qualification .......................................................................................................................................17
3.5.1 Financial Statements of the Last Three Years .................................................................................................. 17
3.5.2 Opinion from Independent Auditor .................................................................................................................... 17
3.5.3 Financial Statements and Strategic Planning .................................................................................................... 18
3.5.4 Minimum Net Asset ........................................................................................................................................... 18
3.6 Legal Qualification.............................................................................................................................................19
3.6.1 Companies holding an office abroad ................................................................................................................. 19
3.7 Labor and Tax Regularity ..................................................................................................................................19
3.8 Location, schedule and deadline for submission of documents ........................................................................20
3.9 Technical Data ..................................................................................................................................................23
3.9.1 Available Information ......................................................................................................................................... 23
3.9.2 Access and Withdrawal of Data Packages ........................................................................................................ 24
3.9.3 Assistance to Companies .................................................................................................................................. 25
3.10 Participation Fees .............................................................................................................................................25
3.10.1 Payments .......................................................................................................................................................... 25
3.10.2 Payments made abroad .................................................................................................................................... 26
3.11 Return of Participation Fees ..............................................................................................................................27
3.12 Information Disclosure and Confidentiality by ANP ...........................................................................................28
3.13 Capacity ............................................................................................................................................................28
3.14 Cancellation of the Qualification ........................................................................................................................28

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3.15 Companies holding an office in specific countries .............................................................................................29
4 SUBMISSION OF BIDS ....................................................................................................................................30
4.1 Schedule and Venue of the Bidding ..................................................................................................................30
4.2 Bidding Sequence .............................................................................................................................................30
4.3 Bid Guarantee ...................................................................................................................................................31
4.3.1 Purpose ............................................................................................................................................................. 31
4.3.2 Term of delivery ................................................................................................................................................ 32
4.3.3 Submission of Guarantees ................................................................................................................................ 32
4.3.4 Validity of the Bid Guarantees ........................................................................................................................... 33
4.3.5 Modalities and Issuer of Bid Guarantees .......................................................................................................... 33
4.3.6 Application of Guarantees ................................................................................................................................. 34
4.3.7 Return of Guarantees ........................................................................................................................................ 34
4.4 Composition of the Bids ....................................................................................................................................34
4.4.1 Signature Bonus ............................................................................................................................................... 35
4.4.2 Minimum Exploratory Program .......................................................................................................................... 35
4.4.3 Commitment to Local Content ........................................................................................................................... 35
4.5 Submission of Bids............................................................................................................................................37
4.5.1 Criterion for determination of bids ..................................................................................................................... 39
4.5.2 Details on the calculation of the Final Score ..................................................................................................... 39
4.6 Submission of Bids in Consortium.....................................................................................................................40
5 APPROVAL OF THE JUDGMENT ....................................................................................................................41
6 REQUIREMENTS FOR SIGNING THE CONCESSION CONTRACT ...............................................................42
6.1 Requirements for the winning companies to sign the Concession Contract ......................................................42
6.2 Signature of an Affiliate Company Contract ......................................................................................................45
6.3 Cases of Waiver ................................................................................................................................................46
6.3.1 In the case of consortium, manifested by one of the participant companies ..................................................... 46
6.3.2 Of a company or consortium as a whole ........................................................................................................... 47
6.4 Contract per Block.............................................................................................................................................47
7 PENALTIES ......................................................................................................................................................48
8 ADDITIONAL CLARIFICATIONS ON THE BID ................................................................................................49
8.1 Forum ................................................................................................................................................................49
8.2 Information and Consultations ..........................................................................................................................49
9 ADMINISTRATIVE APPEALS ...........................................................................................................................51
10 RIGHTS AND PRIVILEGES OF ANP ...............................................................................................................52
10.1 Revocation and Cancelling of the Bidding .........................................................................................................52
10.2 Revision of Terms, Conditions and Procedures ................................................................................................52
10.3 Omitted Cases ..................................................................................................................................................52





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1 INTRODUCTION
1.1 Current Legislation
On August 6, 1997, the National Congress approved the Law no. 9,478/97, which addressed
the national energy policy and implemented other measures, in line with the Constitutional
Amendment No 9 of 1995, which eases the way for the implementation of the Federal
Government monopoly for the Exploration and Production of Oil and Natural Gas.
Law no. 9,478 /97 created the National Council on Energy Policy - CNPE with the allocation of
formulating policies and guidelines for energy designed to promote the rational use of energy
resources of the country, in accordance with the provisions of the applicable legislation and
having as principles the preservation of national interest, the promotion of sustainable
development, the expansion of the labor market, the exploitation of energy resources, the
protection of the environment and promotion of the conservation of energy, increasing the use
of natural gas, the promotion of free competition, the attraction of investment in the production
of energy and the expansion of the country's competitiveness in the international market.
Law no. 9,478 /97 also instituted the National Agency of Petroleum, Natural Gas and Biofuel
(ANP) as the body responsible for regulating, hiring and supervising of the economic activities of
the Oil, Natural Gas and Biofuel industry, and it is responsible, among other functions, for the
preparation of the bidding notices and the completion of bidding for the granting of the rights for
the exercise of Exploration and Production of Oil and Natural Gas, signing the Concession
Contracts resulting from them and supervise their implementation.
This Preliminary Tender Protocol defines the rules to be obeyed by all companies interested in
participating in the Eleventh Bidding Round and it was prepared in accordance with the relevant
provisions, among which Law no. 9,478/97; Law no. 12,351/2010; ANP Resolution no. 27, of
June 02 2011; and the resolutions of CNPE no. 8, of July 21, 2003, no. 3, 2012, which should
be consulted and observed by interested company companies.
A Special Bidding Commission (CEL) will be set up exclusively for the Eleventh Bidding Round
competition. It will be composed of representatives of ANP and civil society, duly designated by
ANP Board of Directors through an Ordinance.
1.2 Areas Available in the Eleventh Bidding Round
The blocks available in the Eleventh Bidding Round were selected in frontier exploration and
mature basins of with the goals of expanding the Brazilian reserves, expanding the knowledge
of the sedimentary basins, decentralizing the exploratory investment in the country, developing

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the small oil industry and securing national and foreign companies in the country, giving
continuity to the demand for local goods and services, the generation of jobs and the income
distribution.
1.3 Procedures for Participation in the Eleventh Bidding Round
If a company expresses interest for the Eleventh Bidding Round, it should apply for the
qualification in accordance with Section 3 3 of this Preliminary Tender Protocol, which describes
the details of the process.
1.4 Schedule
The schedule for the Eleventh Bidding Round is presented in Table 1. This schedule is only
indicative. ANP reserves the right to modify or suspend it, provided appropriate notice is given.
Table 1 1 - Schedule of the Eleventh Bidding Round
Event Date
Opening of the period for delivery of documents relating to the expression of
interest and documents for Qualification and Capacity
1/24/2013
Availability of Data Packages
2
1/25/2013
Initiation of Public Consultation 1/25/2013
Final Deadline for contributions to the Preliminary Tender Protocol and
termination of Public Consultation
2/4/2013
Public Hearing (City of Rio de Janeiro) 2/19/2013
Publication of the Bidding Notice and Concession Contract 3/11/2013
Technical-Environmental Seminar 3/18/2013
Legal-Tax Seminar 3/19/2013
Final deadline for delivery of documents relating to the Expression of Interest
and documents for Qualification and Capacity
3/26/2013
Final deadline for payment of Participation Fees 3/26/2013
Final Deadline for submission of Bid Bonds 4/26/2013
Submission of bids
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14 and 15/05/2013
Signing of the Concession Contracts August/2013
Notes:
1 The interested company should submit, as of that date, all documents required for qualification and
capacity.
The release of the data package is subject to proof of payment of the Participation Fee and approval of the
documentation on the Expression of Interest.
3 The interested company should submit, by this date, all documents required for the qualification. After this
date the submission of documents will be accepted only if requested by ANP in replacement of the
document presented previously.
4 Accreditation for the event for the presentation of bids as of May 13, 2013 .

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2 MATTER OF THE BID
The purpose of the bidding process is to grant Concession Contracts for the activities of Oil and
Natural Gas Exploration and Production in 172 blocks with exploratory risk, located in 17
sectors of 9 Brazilian sedimentary basins: Barreirinhas, Cear, Esprito Santo, Foz do
Amazonas, Par-Maranho, Parnaba, Potiguar, Recncavo and Sergipe-Alagoas.
Table Table 2 22 of this Preliminary Tender Protocol details the sectors and the number of
blocks on demand in each sector, as well as the duration of the exploitation phase and periods
of exploration, the amounts to be paid for the Retention of Area and the minimum qualification
required for the Operator of the Blocks in each Sector.
For technical and substantiated reasons, ANP reserves the right to remove Blocks or Sectors
from the Eleventh Bidding Round up to the date of submission of bids, provided appropriate
notice is given.
ANP may include new blocks or sectors in the Eleventh Bidding Round, provided it is duly
authorized by CNPE, provided appropriate notice is given.
For the activities of Exploration and Production of Oil and Natural Gas in the blocks targeted by
the Eleventh Bidding Round, the successful parties must sign Concession Contracts, whose
draft is in Annex XXV Error! Reference source not found.of this Preliminary Tender Protocol.
2.1 Exploratory Models
This Preliminary Tender Protocol includes the following exploratory models:
I - Blocks in Basins of new technological or knowledge frontiers, with the aim of attracting
investments to regions still little geologically known or with technological barriers to be
overcome, in the search for the identification of new producing basins.
II - Blocks in Mature Basins, with the goal of providing opportunities and increase the
participation of small and medium-sized businesses in exploration and production of oil and
natural gas in heavily exploited basins, thus allowing the continuity of these activities in these
regions in which they play an important socioeconomic role.


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Table 2 2 - Overview of the Sectors
Notes:
1 The detailed list of the Blocks offered in each basin is found in Annex I Error! Reference source not found.of this Preliminary
Tender Protocol. ANP may, up to the date of submission of bids, change the number of blocks in bidding, provided appropriate
notice is given.
2 The exploitation phase could be extended according to the provisions of the Concession Contract for the implementation of a
previously approved evaluation plan.
3 Amounts to be paid for the Occupation or Area Retention in Real per km, 12/31/2012, applicable to the exploitation phase. These
amounts will be paid and readjusted each year from the date of signing of the Concession Contract, by IGP-DI accumulated in the
12 months preceding the date of each readjustment, as provided for in Art. 28 of Decree no 2,705 /98. These amounts will be
Basin Sector Exploratory Model Number of Blocks
1

Area on Demand
(km
2
)
Exploration Phase
2

(years)
Exploratory Period
(years)
Amount to be
paid for the
Retention of Area
3

Minimum Qualification
Required
4

(R$/km
2
/year)
Barreirinhas
SBAR-AP1 New Frontier
6 4,614.851253
8 5 + 3 483.60 A
SBAR-AP2 New Frontier
8 6,151.766687
8 5 + 3 322.40 A
SBAR-AR2 New Frontier
12 2,307.015846
8 5 + 3 214.93 B
Cear SCE-AP3 New Frontier
11 7,388.320686
7 5 + 2 644.80 A
Esprito Santo SES-T6 Mature
6 178.726028
5 3 + 2 34.39 C
Foz do Amazonas
SFZA-AP2 New Frontier
6 11,509.719603
8 5 + 3 322.40 A
SFZA-AR2 New Frontier
26 15,547.200795
8 5 + 3 322.40 B
Par-Maranho
SPAMA-AP1 New Frontier
5 3,846.364471
8 5 + 3 214.93 A
SPAMA-AP2 New Frontier
1 769.3
8 5 + 3 214.93 A
Potiguar
SPOT-AP1 New Frontier
10 7,326.277961
7 5 + 2 214.93 A
SPOT-T3
Mature
3 77.156080
5 3 + 2 34.39 C
SPOT-T5
Mature
17 510.547406
5 3 + 2 34.39 C
Recncavo SREC-T1
Mature
16 474.501149
5 3 + 2 34.39 C
Sergipe-Alagoas SSEAL-T1
Mature
25 733.163619
5 3 + 2 34.39 C
Parnaba SPN-N New Frontier
6 17,716.362480
6 4 + 2 107.47 C
Parnaba SPN-O New Frontier
1 3,049.914537
6 4 + 2 107.47 C
Parnaba SPN-SE New Frontier
13 39,093.893516
6 4 + 2 107.47 C

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increased by 100% in case of extension of the exploitation phase, when applicable, and for the Development Phase. For the
Production Phase they will be increased by 900%.

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3 CONDITIONS FOR PARTICIPATION IN A BID
3.1 Requirements for qualification
Only companies which are individually qualified may participate in the Eleventh Bidding Round for
blocks with exploratory risk, in compliance with the following requirements:
a) Expression of Interest, from the presentation of the documents required in Section 3.3 3.3 of this
Preliminary Tender Protocol;
b) Payment of the Participation Fee and delivery of Annex IIError! Reference source not found.;
c) Obtain the technical, legal and financial qualifications conferred by ANP, and the evidence of tax
and labor compliance.
The qualifications shall be obtained concurrently. If a company covers different levels of technical
and financial qualifications, the lowest level is to be considered.
Once the requirements set out in this Preliminary Tender Protocol are met, the company will be
considered as qualified and may submit bids solely for the Blocks located in the Sector for which it
may have made payment of the Participation Fees, in accordance with the provisions of Table 8,
Section 3.10 3.10 of this Preliminary Tender Protocol.
Any documentation submitted to ANP will be returned, with the exception of the dismissed Bid
Bonds, according to the conditions described in Section 4.3 4.3 of this Preliminary Tender Protocol.
All documents must be submitted in a single authenticated copy containing the title on the top of the
first page and without binding.
The documents issued abroad should be legalized by the Brazilian Consular Authority to be valid in
Brazil, from its original copy issued in its consular jurisdiction, either by the acknowledgment of the
signature or notarization of the document itself. If the document is not written in Portuguese, the
translation must be made in Brazil, translated by a certified translator, after the legalization of the
original document by the Brazilian consular authority, as determined by the Consular and Legal
Service Manual of the Ministry of Foreign Affairs, in Book I, Chapter 4, Section 7, items 4.7.1 and
4.7.2.
If Brazil has cooperation agreements with other countries or are forecast in the Treaty that Brazil is
a party on the exemption from legalization of some or all documents referred to herein, the
business company interested can request it and justify it in law applicable.
The documents that require notarization, consularization and certified translation are shown in
Table 7 Table 7 7of this Preliminary Tender Protocol.

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Notarization is the recognition of the signature, for original documents, or certification of copies.
Consularization is the endorsement of Brazilian diplomatic authority in the country in which a
particular document was issued.
ANP may request any additional information that gives support to the analysis of the qualification of
companies participating in the Eleventh Bidding Round.
3.2 Qualification of foreign companies
A company that has no foreign subsidiary established in Brazil should, for the purposes of
qualification, submit the documentation of the respective controller or headquarter of the corporate
group it belongs to. In the case of a successful bid, the entitled winner must establish a branch with
headquarters and administration in the country to sign the Concession Contract, in terms of Section
6.2 of this Preliminary Tender Protocol.
3.3 Expression of Interest
The process of qualification will be initiated with the Expressions of Interest through the
presentation of the documents listed in this Section.
3.3.1 Declaration of Conformity - List of Documents for Qualification
The interested companies should send a Declaration of Conformity according to the model in
Annex IIIError! Reference source not found., which describes the documents for purposes of
qualification of the company for participation in the Eleventh Bidding Round. This declaration must
be signed by one of the Accredited Representatives at ANP, constituted as provided for in Section
3.3.3 of this Preliminary Tender Protocol.
3.3.2 Introduction Letter for the Submission of the Expressions of Interest
The interested company should send an Introduction Letter for the submission of the Expressions
of Interest, according to the model and instructions set out in Annex IV Error! Reference source
not found.of this Preliminary Tender Protocol, signed by one of the accredited representatives at
ANP, which shall be constituted as provided for in Section 3.3.3 of this Preliminary Tender Protocol.

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3.3.3 Attorney for the Appointment of the Accredited Representative
The interested company should appoint one or more accredited representatives to ANP for the
Eleventh Bidding Round. The interested company that accredits more than one representative
should indicate, among them, the main one, for whom will be sent any official mail of ANP on this
Round.
The Accredited Representative will be nominated solely by means of Proxy as per the model in
Annex V Error! Reference source not found.of this Preliminary Tender Protocol, settled by Legal
Representative of the represented company.
When there is a change in the contact information of the Accredited Representative, the
represented company should notify ANP within up to 15 (fifteen) days after the date of such
change.
The interested company may, exceptionally, after the final deadline for submission of the
documents for qualification, change names of the Accredited Representatives through the
presentation of a new Proxy, in accordance with Annex V Error! Reference source not found. of
this Preliminary Tender Protocol.
If it is intended to appoint Legal Representatives of the company as Accredited Representatives at
ANP, it will not be required to submit the Proxy for Appointment of the Accredited Representative,
provided the powers of the appointment party may be verified in the acts of incorporation of the
company and/or in more recent acts of election of the officers and board of directors who chose the
most recent executive board. In this case, the company should indicate in the Introduction Letter of
Expression of Interest the names of the Legal Representatives appointed as Accredited
Representatives at ANP.
If, after the final deadline for submission of the documents for qualification, there are changes in the
acts of incorporation of the company that may involve any modification of the Legal Representative,
such contractual changes should be delivered immediately to ANP.
3.3.4 Confidentiality Agreement
The interested company should submit the Confidentiality Agreement relating to data and
information contained in the Package of Data supplied by ANP, using the exact model of Annex VI
Error! Reference source not found.of this Preliminary Tender Protocol, duly signed by its
Accredited Representative.

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3.3.5 Acts of Incorporation
The interested company should submit a full certified copy of its updated acts of incorporation (By-
laws or Articles of Incorporation) or full copy of the most recent acts of incorporation and the
consolidation of the amendments that have been promoted, duly filed with the competent Trade
Office; simplified certificate issued by the competent Trade Office; and proof of the powers of the
Legal Representatives, with the most recent acts of election of the officers and board of directors
who chose the most recent executive board, as the case may be.
3.4 Technical Qualification
The interested company may request its technical qualification as Operator A, B, C or Non-
Operator. The technical qualification will be based on the production volume, amount of
investments in exploration and previous operational experience of the interested company or,
alternatively, the experience of the members of its technical personnel in exploration and
production of oil and natural gas.
In no event it shall be allowed to add the previous operational experience of the companys
experienced technical personnel. If the interested company decides to qualify through the
experience of members of its technical personnel, the maximum possible qualification will be in the
category of Operator B.
3.4.1 Technical Qualification as Non-Operator
For the purpose of technical qualification as a Non-Operator, the interested company should submit
a summary of its main activity, as well as its relationship with its headquarter or controller, when
applicable. This summary should be prepared according to the model of Technical Summary 01, in
Annex Error! Reference source not found.XXI of this Preliminary Tender Protocol, signed by an
Accredited Representative of the interested company.
The company that qualifies as a Non-Operator may only submit bids in the Eleventh Bidding Round
in consortium with other companies, provided that the Operator indicated is a company which has
obtained the minimum qualification required to operate in the Sector in which the supply targeted
Block is located.
3.4.2 Technical Qualification as Operator
For the purpose of qualification as Operator, under this Preliminary Tender Protocol, the interested
company may fit into one of the following categories:

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- Operator "A - qualified to operate in blocks located in Ultra-Deep Water, Deep Water,
Shallow Water and onshore.
- Operator "A - qualified to operate in blocks located in Shallow Water and onshore.
- Operator "A - qualified to operate only in blocks located onshore.

3.4.2.1 Required Documentation
The technical qualification will be based on the capacity of the interested company or its controlling
group. For that, the interested company which applies for qualification as Operator based on its
previous operational experience must complete the Technical Summary 02 in accordance with the
model in Annex XXII Error! Reference source not found.of this Preliminary Tender Protocol.
The interested company which applies for qualification as Operator based on the previous
experience of the members of its technical staff must complete the Technical Summary 03
according to the model of Annex XXIII Error! Reference source not found.of this Preliminary
Tender Protocol.
The Technical Summary should be signed by an Accredited Representative of the interested
company.
3.4.2.2 Scoring Criteria for Technical Qualification as Operator
For the purpose of technical qualification of the company as Operator "A", "B" or "C" the following
scoring criteria will be used:

a) Qualification by Previous Operational Experience of the company in Brazil or Abroad
- Production Volume of oil equivalent: One (1) point is assigned for each 1 (one) thousand
barrels/day of equivalent oil produced, considering the annual production average operated
by the interested company, up to a maximum of fifteen (15) points. It will be considered as
the arithmetic average of the production volumes operated for the last 5 (five) years.
- Amount of investment in exploration activities: The interested company that attests to
have made investments as Operator in exploration activities will receive score according to
the amount of attested investment and operational environment, in accordance with the
content of Table 3Table 3. It will be considered as the amount of investments for the last 5
(five) years.

Table 3 - Scoring based on the Amount of Investment

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Operational Environment
Amount of Investment - I (in millions of Real)
15 s I < 30 30 s I < 60 I 60
onshore 2 3 4
Shallow Water 3 4 5
Deep/Ultra Deep Water 4 5 6

- OnShore Exploration and Production Operations: 10 (ten) points will be granted to the
company which currently conducts, as an Operator, exploration activities and ten (10) points
to the company which currently carries out onshore production activity, also as an Operator.
For company that, alternatively, has current activity in technical services to oil companies or
that has current activities as Non-Operator, will be granted 5 (five) points for exploration and
5 (five) points for production onshore.

- Exploration and Production Operations in Shallow Water: 10 (ten) points will be granted
company to a company which currently conducts, as Operator, exploration activities and ten
(10) points company to a company which currently carries out production activity in shallow
water as Operator. For the company that, alternatively, provides technical services to oil
companies or that has current activities as Non-Operator, will be granted 5 (five) points for
exploration and 5 (five) points for production in Shallow Water. These criteria will be applied
to a company which conducts activities of exploration and production in the water depth up
to 400 meters.

- Exploration and Production Operations in Deep or Ultra-Deep Water: 10 (ten) points will
be granted company to a company which currently conducts, as Operator, exploration
activities and ten (10) points to a company which currently carries out production activity in
Deep or Ultra-Deep Water, as Operator. A company that, alternatively, provides technical
services to oil companies or that has current activities as Non-Operator, will be granted 5
(five) points for exploration and 5 (five) points for production in Deep or Ultra-Deep Water.
These criteria will be applied to a company which develops activities of exploration and
production in the water depth up to 400 meters.

- Exploration and Production Operations in adverse environments: 10 (ten) points will be
granted to the company which can demonstrate current active operations in harsh
environments. For a company that, alternatively, can demonstrate current activity t in
technical services to oil companies or that has current activities as Non-Operator, both in
adverse environments, will be granted 5 (five) points. The environments were exploration
and production activity takes place are considered harsh when one or more of the following
characteristics may occur: strong marine currents, drilling in high pressure and high
temperature conditions (wells whose gradient pressure of pores exceeds 2.62 psi/m or the
expected pressure in B. O. P - "Blow Out Preventer" - and exceeding 10,000 psi and the

16

static temperature at the bottom hole is greater than 150C), production activities in remote
areas and production of heavy oils (from 10API to 22 API) and/or extra-heavy (below 10
API) and high presence of contaminants such as CO
2
(carbon dioxide) and H
2
S (hydrogen
sulfide), which may cause operational risks.

- Exploration and Production Operations in sensitive environmental areas: 10 (ten)
points will be granted to a company which can demonstrate current activity in operations in
sensitive environmental areas. A company that, alternatively, can show present activity in
technical services to oil companies or that has current activities as Non-Operator, in
sensitive environmental areas, will be granted 5 (five) points. The criteria to consider areas
as environmentally sensitive are:: rare, endemic or endangered species; aggregation of
species (migratory routes, reproduction, growth, feeding); areas defined as priorities for the
conservation of biodiversity; natural resources of socio-economic importance to local
communities and/or artisanal fishermen; conservation units; indigenous and/or traditional
communities; presence of archaeological sites or speleological heritage.

- Aspects related to HSE:
a) 2 (two) points will be granted to a company which holds the certification of an
Integrated Management HSE System (Health, Safety, and Environment). The company
should submit a copy of the certificate issued by an independent entity, that is, to which it
does not possess any bond, stating the deployment of an Integrated Management HSE
System in operations for the exploration and production of oil and natural gas.

b) 2 (two) points will be granted to a company which attests the existence of specific
requirements for HSE (Health, Safety, and Environment) in the process of acquisition of
goods and services from third parties. The company should submit a copy of its HSE policy
or similar corporate procedure that clarifies the commitment in the acquisition of goods and
services of third parties to adopt good HSE practices.

- Length of Operations Experience: The company which certifies previous experience in
the condition of Operator in exploration or production of Oil and Natural Gas will receive,
due to the time of experience and the place of operation (whether onshore, Shallow or Deep
Water), the score established in Table 4 Table 4 4of this Preliminary Tender Protocol. For a
company that, alternatively, can demonstrate present activity in technical services to oil
companies or that has activities as Non-Operator, will be granted half of the points granted
to the one holding previous experience as Operator.

Table 4 4 - Scoring Due to Experience Time and Local of Operation
Operational Environment
Experience Time T(years)
2 s T < 5 5 s T < 10 10 s T < 15 T 15

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Onshore 5 10 15 20
Shallow Water 10 15 20 25
Deep/Ultra Deep Water 15 20 25 30


b) Qualification by Experience of the Technical Personnel
The company which wishes to obtain qualification as Operator "B" or "C" and that may not certify
previous operational experience may qualify by the experience of the technical staff. To do this, it
must submit the resume of the consultants and members of the technical staff with relevant
experience in the activities of exploration and production in Brazil or abroad, specifying the type of
relationship to the company and the responsibility of each activity to be carried out, according to the
model of Technical Summary 03 in Annex XXIII Error! Reference source not found.of this
Preliminary Tender Protocol. Each submitted resume must contain the signature of the
professional, according to the requirements of Section 3.1 3.1.
It is necessary for the company to possess minimum technical personnel that may include, at least,
a professional with experience in exploration activities and another different one with experience in
production activities. The operational experience of professional members of the technical
personnel will be evaluated on the basis of the place of performance in the activities of exploration
and production, also considering the experience of operation in harsh and sensitive environments,
as specified in Table 5Table 5 5.

Table 5 5 - Score of a company on the basis of the qualification of technical personnel: length of
experience and type of activity
Area of activity
Experience Time T(years)
2 s T < 5 5 s T < 10 T 10
Exploration - Onshore 3 5 7
Production - Onshore 3 5 7
Exploration - Shallow Water 3 5 7
Production - Shallow Water 3 5 7
Exploration - Deep/Ultra Deep Water 3 5 7
Production - Deep/Ultra Deep Water 3 5 7
Operation in Harsh Environments 3 5 7

18

Operation in Environmentally Sensitive Areas 3 5 7
3.4.2.3 Summary of classification criteria
For the purpose of fitting the company into one of the categories of qualification, ANP will use the
following criteria for the technical qualification:
- From 2 to 29 points: Operator "C";
- From 30 to 80 points: Operator "B";
- 81 points or more: Operator "A"

The company which wishes to obtain qualification as Operator "A", regardless of the score gained,
must have experience in exploration activities and/or offshore production in the condition of
Operator.
3.5 Financial Qualification
For the purposes of analysis of economic-financial qualification, the interested company should
forward the following documents:
a) Financial Statements;
b) Opinion from an Independent Auditor; and
c) Form of Annex XXIV Error! Reference source not found.
3.5.1 Financial Statements of the Last Three Years
The financial statements referred to in item "a" of Section 3.5 3.5 are those set out in Law No.
6,404 of December 15, 1976, for the last three financial years.
If a company has less than three financial years of reporting, it must submit the financial statements
for the already closed year.
If a company was incorporated in the current fiscal year, it must submit the Partial Financial
Statements.
The foreign company that requires the qualification should fill out ANNEX XVIII Error! Reference
source not found.
3.5.2 Opinion from Independent Auditor
The opinion of an independent auditor as referred to in item "b" of Section 3.5 3.5 is required in
accordance with Law 6.404/76 and Law no. 11,638/2007.

19

The opinion of an independent auditor shall not be required in the following cases:
a) The companies that have not been constituted by actions that do not fall as large as defined
by Law 6,404/76 and 11,638/2007; or
b) The interested company is performing the qualification process by means of a foreign
company.
3.5.3 Financial Statements and Strategic Planning
Fulfilling item "c" in Section 3.5 3.5 of the Preliminary Tender Protocol, the interested company
should fill out ANNEX XXIV Error! Reference source not found.as shown in the instructions
contained in the document.
3.5.4 Minimum Net Asset
3.5.4.1 Qualification as Operator
The company must demonstrate, by means of the documents mentioned in Section 3.5 3.5 of this
Preliminary Tender Protocol, it has a Net Asset equal to or greater than the minimum Net Asset
required for the operational environment where it intends to act as Operator, as established in the
following table.

Table 6 6 - Minimum Amounts of Net Asset for Financial Qualification
Operational Environment of the Blocks
Required
Qualification
Minimum Net Asset
Ultra-Deep, Deep, Shallow Water and Onshore
Areas
Operator "A" R$ 107,000,000.00
Shallow Water and Onshore Areas Operator "B" R$ 59,000,000.00
Onshore Areas Operator "C" R$ 3,800,000.00

20

3.5.4.2 Qualification as Non-Operator
The Minimum Net Asset required for a company to be qualified as non-operator is R$ 1,900,000.00
(one million nine hundred thousand real).
To submit bids and act in Blocks located Onshore, Shallow Water or Deep Water, the company
qualified as non-operator must demonstrate, by means of the documents mentioned in Section 3.5
3.5 of this Preliminary Tender Protocol, that it has a Net Asset equal to or greater than 50% (fifty
percent) of the amount of the Minimum Net Asset required for the category of Operational
Environment Operator where the Block is located.

3.6 Legal Qualification
The legal qualification will be carried out by means of proof of legal regularity. The company should
present, in addition to the requirements in Section 3.3 3.3, the following documents:
a) Organizational chart detailing the whole chain of corporate control of the group. Companies
controlled by bearer shares, without explicit identification of control or whose acts of
incorporation or its affiliates prevents or hinders the identification of the controllers will not be
qualified. It will not be allowed, under any justification, the allegation of application of the law of
the country of origin of the company aiming to maintain secrecy about its stock control;
b) express declaration of the Accredited Representative for all relevant legal or judicial pending
issues, including those that may cause insolvency, judicial recovery, bankruptcy, or any other
event that may affect the financial suitability of the company; and
c) If the corporate purpose of the company is not appropriate to the purpose of the bidding process,
it will be required to submit an Adequacy Term of Commitment of the Corporate Purpose to the
Activities of Exploration and Production of Oil and Natural Gas, according to the model in Annex
VII Error! Reference source not found.of this Preliminary Tender Protocol, signed by the
Accredited Representative, for the signing of the Concession Contract, if it is the successful
bidder.
3.6.1 Companies holding an office abroad
Foreign companies will also be obliged to submit, in addition to the documents listed in Section 3.6
3.6 of this Preliminary Tender Protocol, or equivalent documents, as the case may be, the Term of
Commitment as per ANNEX VIII Error! Reference source not found.of this Preliminary Tender
Protocol, duly signed by the Accredited Representative of the company, for the incorporation of the
company according to the Brazilian laws or indication of a controlled Brazilian company already
incorporated to sign the contract on its behalf, if it is the successful bidder. In this case, the
company should present the Performance Guarantee, in accordance with the model set out in

21

Annex XVII Error! Reference source not found.of this Preliminary Tender Protocol, and the other
documents required in section 6.1 6.1 of this Preliminary Tender Protocol.
3.7 Labor and Tax Regularity
For the qualification in the competition, the national companies should submit the following
documents:
a) Proof of enrollment in the Corporate Taxpayer Registry - CNPJ;
b) Joint Debt Certificate with effect on Federal Taxes and Federal Debt Roster, in charge of
the Attorney General of the National Treasury (PGFN);
c) Certificate of Regularity of the Severance Premium Reserve Fund - FGTS;

d) Certificate of Pension Contributions and Third Parties - RFB/INSS;
e) Labor Debt Certificate with negative effect, in charge of the Labor Court.

The companies who submit enrollment registration and regular position in the Suppliers Unified
Registration System (SICAF) will be exempt from submitting the documents listed in lines "a", "b",
"c" and "d" above.
The existence of registration of the company as a debtor is a barring fact for the qualification,
unless the registration shows that: a) a demand has been judged with the objective to discuss the
nature of the obligation, or its amount, and the judgment has been provided with sufficient
guarantee, as per the Law; or, b) the enforceability of the tax liability has been suspended.
3.8 Location, schedule and deadline for submission of documents
All documentation should be sent to the National Petroleum, Natural Gas and Biofuel Agency, on
behalf of the Bidding Superintendence, or delivered at the Protocol Service of ANP, at the following
address:
Agncia Nacional do Petrleo, Gs Natural e Biocombustveis
- Rio de Janeiro Escritrio Central
Avenida Rio Branco 65, trreo Centro
CEP: 20090-004 Rio de Janeiro/RJ Brasil.
All documentation should be delivered to ANP, from Monday to Friday, from 9:00 pm to 18:00 pm,
Braslia/DF time, according to the deadlines defined in Table 1 Table 1 1of this Preliminary Tender
Protocol.

22

Table 7 7 - Formalization of Documents for Qualification
Nature
Section in
the
Preliminary
Tender
Protocol
Document Enforceability


Model
Notarization
Foreign Companies
Consularization in
diplomatic institution
(only if notarized
abroad)
Demand for Translation
3.3.
Expression of
Interest

3.3.1

Declaration of Conformity - List of
Documents for Qualification


Annex III Follow model
3.3.2
Introduction Letter for the Submission
of the Expressions of Interest



Annex IV
Follow model
3.3.3
Attorney for appointment of Accredited
Representative with additional
information



Annex V
Follow model
3.3.4 Confidentiality Agreement

Annex VI
Follow model


3.3.5
Incorporation Acts (By-laws or Acts of
Incorporation


No
Sworn Translation
3.10
Participation
Fee
3.10.1
Payment of Participation Fees

Annex II
Follow model


Copy of proof of payment of the
Participation Fee


No
No No Follow model
3.4.
Technical
Qualification

3.4.1/3.4.2

Technical Summary




Annex XXI A/B/C





Follow model

3.5. Financial
Qualification

3.5.1

Financial Statements

No
Sworn Translation
Summary of Financial Statements Only if applicable

Annex XVIII Follow model
3.5.2 Opinion of the independent auditor Only if applicable

No
Sworn Translation
3.5.3
Statement of Relevant Obligations and
Strategic Planning


Annex XII
Follow model

23

Nature
Section in
the
Preliminary
Tender
Protocol
Document Enforceability


Model
Notarization
Foreign Companies
Consularization in
diplomatic institution
(only if notarized
abroad)
Demand for Translation
3.6. Legal
Qualification
3.6.a)
Legal Opinion or detailed organization
chart of the control chain


No
Sworn Translation
3.6.b)
Statement regarding any relevant legal
or judicial pending issue


No
Sworn Translation
3.6.c)
Commitment Agreement to the
adequacy of the corporate purpose of
exploration and production of oil and
natural gas

If applicable


Annex VII
Follow model
3.6.1.
Commitment Agreement for the
incorporation of the company
according the Brazilian laws or
indication of a controlled Brazilian
company already incorporated to sign
the Concession Contract in its place, if
it is the successful vendor of the
bidding.
Only for the
foreign
companies



Annex VIII
Follow model


24

3.9 Technical Data
3.9.1 Available Information
For each basin in which the Blocks offered in the Eleventh Bidding Round are located, one or more
Data Packets and Digital Information were prepared, as listed in Table 8 Table 8 8of Section 3.10
3.10 of this Preliminary Tender Protocol. Each package consists of a set of regional data, including
seismic lines and data from selected wells for each sector or group of sectors.
It should be emphasized that the type, quantity and quality of the data contained in Data Packets
and Information vary not only between the Basins, but also between Sectors of the same Basin.
The generic content of each Data Packet and Information will be governed, when available, by the
following structure:
General Information:
- Scenario and geological considerations embodied in the geological summary such as:
description of the geology, stratigraphic column, schematic geological sections and other
relevant information.
- When available, studies on geology and geophysics hired by ANP may be included.
Thematic Maps:
When available, the following maps will be included:
- Map of the Basin with the location of the Blocks
- Map of the Basin with the division of Sectors
- Map of regional structural framework
- Gravimetric and magnetometric regional maps
- Geological maps of land-based sectors
Public Seismic Data:
When available, the following maps will be included:
- 2D seismic lines, Post-Stack , in SEG-Y standard format

25

- 3D seismic lines, Post-Stack , in SEG-Y standard format
Public Wells Data:
When available, the following data will be included:
- Composite logs.
- Well logs (LAS format for Pre-ANP data and LIS or ILSD format Post-ANP wells data).
- Rock-Eval Pyrolysis and % TOC geochemistry data.
- Folders of wells containing data and geological information (cuttings description, core
analysis, sedimentology and geochemistry), drilling (fluids, casing and cementing) and
production (completions, tests, type and analysis of samples of fluids) and other relevant
information.
Public Gravimetry and Magnetometry Data:
When available, the following maps will be included:
- Gravimetry Data (x, y and z), ASCII format.
- Magnetometry Data (x, y and z), ASCII format.
Part of the information in Data and Information Packages may also be provided in English;
however, some data, such as the folders of wells, will only be available in Portuguese.
3.9.2 Access and Withdrawal of Data Packages
The Data and Information Packages of may be accessed by means of a remote system available in
the website identified in Section 8.2 8.2 of this Preliminary Tender Protocol, whose password will be
sent by the ANP to the Accredited Representative of the company after the approval of the
documentation of Expressions of Interest and the identification of the payment of the Participation
Fee. The Data and Information Package of may also be downloaded from the Data Bank of
Exploration and Production of ANP (BDEP), provided the same conditions set for sending the
password for remote access are followed.
The retrieval of the Data and Information Packages of should be made by the Accredited
Representative of the interested company, duly identified, or a person authorized by it, who should
present a personal identification and a specific authorization to withdraw the Data and Information
Package of, signed by an Accredited Representative of the company.

26

3.9.3 Assistance to Companies
Formal working meetings may be held on the sectors offered. The seminars of the Eleventh Bidding
Round will be held as described in Table 1 Table 1 1of this Preliminary Tender Protocol. Technical
questions may also be sent to the institutional e-mail of the Bidding Superintendence, included in
Section 8.2 8.2 of this Preliminary Tender Protocol.
3.10 Participation Fees
In addition to obtaining technical, financial and legal qualification and fiscal and labor regulatory
attestation to be qualified to submit bids during the Eleventh Bidding Round, the company should
pay the Participation Fees for the Sectors it is interested in. The Participation Fees may be paid for
a sector or a group of sectors, as detailed in Table 8 Table 8 8of this Preliminary Tender Protocol.
The company may only submit bids for Blocks located in the Sectors for which it has paid the
respective Participation Fees.
The payment of the Participation Fee can be made even before submitting to technical, financial,
legal qualification and attesting the tax and labor legality.
3.10.1 Payments
The payment of the Participation Fee is compulsory and individual to each company, even those
wishing to submit bids through consortium.
The payment can be made the following ways:
- By bank form, available on the website of ANP specific for the Eleventh Bidding Round; or
- By bank transfer.
Data for transfer:
In favor of: Agncia Nacional do Petrleo, Gs Natural e Biocombustveis
Corporate Taxpayer Register: 02.313.673/0002-08
Banco do Brasil
Address: Rua Professor Llio Gama, 105 Centro/RJ CEP: 20031-201
Account Number: 333008-7
Agency Number: 2234-9

27

In the case of bank transfer, in order to facilitate the location of the payment of the Participation
Fee, the receipt must be sent to the Bidding Superintendence via fax indicated in Section 8.2 8.2 of
this Preliminary Tender Protocol, stating the reference number of the Deposit.
The company may make the payment of the Participation Fees until the date indicated in Table 1
Table 1 1of this Preliminary Tender Protocol. The payment of the Participation Fees must be in
accordance with the items listed in Table 8 Table 8 8of this Preliminary Tender Protocol.
3.10.2 Payments made abroad
The payments in foreign currency can only be made by bank transfer.
If the Participation Fees are paid abroad, the equivalent amount in American dollars should be
converted to Real by the official purchase exchange rate (BACEN/Ptax purchase) of the business
day immediately preceding the payment, published by the Central Bank.
In this case, the company should check with the financial institution responsible for the operation
the incidence of fees on the transfer of values, in order to ensure that the exact amount of the paid
Participation Fees will become effectively available to ANP after the conversion to Real. ANP
requests the company to deliver a copy of the payment receipt.


28

Table 8 8 - Grouping of data packets and Participation Fee
Basin Sector Participation Fee
Barreirinhas Deep Water
SBAR-AP1
R$ 125,000.00
SBAR-AP2
Barreirinhas Shallow Water SBAR-AR2 R$ 65,000.00
Cear Deep Water SCE-AP3 R$ 125,000.00
Esprito Santo Onshore SES-T6 R$ 30,000.00
Foz do Amazonas Deep Water SFZA-AP2 R$ 125,000.00
Foz do Amazonas Shallow Water SFZA-AR2 R$ 65,000.00
Par-Maranho Deep Water
SPAMA-AP2
R$ 125,000.00
SPAMA-AP1
Potiguar Deep Water SPOT-AP1 R$ 125,000.00
Potiguar Onshore
SPOT-T3
R$ 15,000.00
SPOT-T5
Recncavo Onshore SREC-T1 R$ 30,000.00
Sergipe-Alagoas Onshore SSEAL-T1 R$ 15,000.00
Parnaba Onshore
SPN-SE
R$ 30,000.00
SPN-N
SPN-O
ALL SECTORS

R$ 875,000.00

Note:
1. The listed amounts refer only to the Sector or Group of Sectors mentioned in the table.
3.11 Return of Participation Fees
The Participation Fee will not be returned by ANP, even if the company decides not to participate in
the bidding competition, receives qualification in a different category or is not qualified.

29

The Participation Fee will only be returned when, for technical and substantiated reasons, ANP
withdraws the entire area that corresponds to a given Data Package, as provided for in Section 2 2
of this Preliminary Tender Protocol.
3.12 Information Disclosure and Confidentiality by ANP
During the whole process of qualification to the Eleventh Bidding Round, ANP will disclose the list
of the participating companies. The qualification documents and the minutes of CEL will be public,
except the Financial Statements. The company having any objection to the disclosure of any
information contained in this item should let it know by forwarding ANP an argumented letter, which
shall decide on the agreement, or not, of the exposed arguments.
Upon explicit request of the company, the list of basins where it holds interest may be disclosed by
ANP in the web page specific to the Eleventh Bidding Round. For that, the company should send a
specific authorization for that purpose, according to the model in Annex IX Error! Reference
source not found.of this Preliminary Tender Protocol.
3.13 Capacity
The company which has obtained qualification at ANP and paid the Participation Fee will be
allowed to submit bids for the Blocks located in the Sectors for which the Participation Fees have
been paid. The company may submit sole interest bids, provided it is qualified as an Operator in the
minimum category required for the Sector where the bid Blocks are located, or in a consortium that
includes at least one company qualified as an Operator in the minimum category required for the
sector where the bid Blocks are located. Decisions about the suitability of any company will be
made by ANP by means of CEL, designated by the Board of Directors especially for the Eleventh
Bidding Round.
3.14 Cancellation of the Qualification
The companies will have their qualification canceled on the following grounds:
- Declaration of bankruptcy or judicial or extra judicial reorganization, dissolution or liquidation
of the company;
- By request of the interested company;
- Non-compliance with the standards set for the bidding process;
- Practice of any unlawful act, proven in the accordance with the law.

30

3.15 Companies holding an office in specific countries
The CEL may request additional documents and information, not listed in this Preliminary Tender
Protocol, from companies based in countries classified as tax havens by the Secretariat of the
Federal Revenue of Brazil, as well as companies based in countries classified as non-cooperative
by the Board of Control of Financial Activities of the Ministry of Finance.
On the basis of reasoned technical and/or legal decisions, the capacity of companies from the
countries cited in this Section may be rejected if the documentation submitted is not sufficient to
guarantee the interests of the Federal Government as holder of the rights on the oil and natural gas
exploration and production in Brazil.

31

4 SUBMISSION OF BIDS
4.1 Schedule and Venue of the Bidding
The presentation of bids will be held on the date in Table 1Table 1 1, Section 1 1 of this Preliminary
Tender Protocol, at a venue to be disclosed by ANP under the terms of Section 8.2 8.2, according
to the following schedule:
- 05/13/13 - Accreditation for the event
3:00 p.m. - Assistance to Accredited Representatives of the companies. The accreditation on that
day will be open until the 6:00 p.m.
- 05/14/13 - First day of submission of bid
8:00 a.m. - Assistance to other participants of the bidding. The accreditation will be open until the
closing of the bidding.
9:00 a.m. - Opening of the session for the presentation of bids to the Eleventh Bidding Round.
- 5/15/2013 - Second day of submission of bids, if needed
8:00 a.m. - Assistance to participants of the bidding. The accreditation will be open until the closing
of the bidding.
9:00 a.m. - Opening of the bidding area, starting by the sector immediately posterior to the last one
on the first day of submission of bids, strictly taking into account the result of the bidding process
provided for in Section 4.2 4.2 of this Preliminary Tender Protocol.
4.2 Bidding Sequence
The bidding of this Preliminary Tender Protocol will be performed according to the sequence
defined in Table 9Table 9.

32

Table 9 - Bidding sequence
BASINS SECTORS
Parnaba
SPN-SE
SPN-N
SPN-O
Foz do Amazonas
SFZA-AP2
SFZA-AR2
Barreirinhas
SBAR-AP1
SBAR-AP2
SBAR-AR2
Potiguar
SPOT-T3
SPOT-T5
SPOT-AP1
Esprito Santo SES-T6
Par-Maranho
SPAMA-AP1
SPAMA-AP2
Cear SCE-AP3
Sergipe-Alagoas SSEAL-T1
Recncavo SREC-T1

4.3 Bid Guarantee
4.3.1 Purpose
The company, or one of the companies members of the consortium, should provide ANP with Bid
Guarantees for the blocks of interest as per the amounts indicated in Table 10 of this Section,
taking into account the Sector in which the Block of the bid is located. Bid Guarantees will only be

33

permitted in terms of Letter of Credit or Guarantee Insurance, according to the models listed in the
Annex XV Error! Reference source not found.of this Preliminary Tender Protocol.
4.3.2 Term of delivery
The Guarantees must be delivered to ANP by 04/26/2013.
4.3.3 Submission of Guarantees
According to the provisions in Section 4.3.1 4.3.1, the companies, or one of the companies member
of the consortium may submit Bid Bonds in the number and amount they wish. In the course of the
Bidding, the amount of the Guarantees of the Blocks for which the company submit a valid bid will
be deducted from the total amount of the Guarantees handed over by the company.
If the bid is presented by companies in consortium, the Bid Guarantee may be supplied by any of
the members of the consortium. In this case, it must be indicated on the envelope for the
submission of the bid, the company which provided the Bid Guarantee that will be bound to the bid
in question.
Companies or consortia that have the intention to submit bids for more than one Block should
ensure they have Bid Guarantees at an amount sufficient to cover the total of their bids, thus
avoiding limiting their ability to work during the Eleventh Bidding Round.
Table 10 10 - Amount of the Bid Guarantees (R$)
BASINS SECTORS
GUARANTEE PER BLOCK
(R$)
Parnaba
SPN-SE 524,000.00
SPN-N 524,000.00
SPN-O 524,000.00
Foz do Amazonas
SFZA-AP2 327,000.00
SFZA-AR2 178,000.00
Barreirinhas
SBAR-AP1 327,000.00
SBAR-AP2 327,000.00
SBAR-AR2 178,000.00
Potiguar SPPOT-T3 106,000.00

34

SPOT-T5 106,000.00
SPOT-AP1 327,000.00
Esprito Santo SES-T6 106,000.00
Par-Maranho
SPAMA-AP1 327,000.00
SPAMA-AP2 327,000.00
Cear SCE-AP3 327,000.00
Sergipe-Alagoas SSEAL-T1 106,000.00
Recncavo SREC-T1 106,000.00
4.3.4 Validity of the Bid Guarantees
The Bid Guarantees should have validity of at least two months after the date specified in this
Preliminary Tender Protocol for the signing of the Concession Contract.
4.3.5 Modalities and Issuer of Bid Guarantees
The Bid Guarantees could be delivered by means of letters of credit issued by banks or financial
institutions regularly registered in the Central Bank of Brazil and fit to operate. Bid Guarantees in
the form of Guarantee-Insurance will also be accepted, issued by insurers authorized in the
Superintendence of Private Insurance (SUSEP) and able to operate.
These institutions may not be under Fiscal Direction, Intervention, Extra Judicial Liquidation and
Extraordinary Surveillance.
The following documents proving the condition of legal representatives of the issuer should
accompany the Bid Guarantees: certified copy of the acts of incorporation of the institution, the
minutes of the election of directors, the attorney for the representative and the documents of the
representatives (Individual Taxpayer Register and Identification Card).
The Guarantee-Insurance policies must also be accompanied by the reinsurance contract made by
a company authorized by SUSEP.


35

4.3.6 Application of Guarantees
The Bid Guarantee must have the city of Rio de Janeiro as its exclusive place of application. If it
does not have a subsidiary in that city, the issuer of the security must designate a representative for
that purpose, and it is responsible, in addition, for the obligation to communicate ANP immediately
if there is any change of that representative.
The Bid Guarantee will be applied when:
a) the company which has won the bidding alone, or an Affiliate indicated by it, fails to sign the
contract within the time limit set by ANP;
b) the winning bid has been submitted by companies in consortium, and the Concession Contract
will not be signed by any of the companies members of the consortium or by an Affiliate of any of
these companies, within the time defined by ANP;
c) when the successful vendor gives up, the company or the consortium convened by ANP, as
provided in item 6.3.2 6.3.2 of this Preliminary Tender Protocol, express interest in assuming the
winning bid and do not sign the Concession Contract within the time defined by ANP.
4.3.7 Return of Guarantees
The Bid Guarantees that are not associated to the valid proposals shall be returned together with
all the necessary documentation for their cancellation.
The Bid Guarantees associated to the valid proposals, even in partial amount, will only to be
returned after the signing of the Concession Contract.
The Bid Guarantees will be returned within 15 (fifteen) days after scheduling at the Bidding
Superintendence of ANP.
If the company does not withdraw the guarantees, they will be archived.
4.4 Composition of the Bids
The bids will be composed by Signature Bonus, Minimum Exploratory Program and Commitment of
Local Content.

36

4.4.1 Signature Bonus
The Signature Bonus corresponds to the bid amount for obtaining the concession of the Block to be
bid and must be paid by the successful vendor, in a single payment, within the time limit set by
ANP, for the signing of the Concession Contract.
The bid Signature Bonus may not be lower than the minimum amount established for each of the
Blocks on bid, as related in Table 14, Annex XII Error! Reference source not found.of this
Preliminary Tender Protocol. Any bid with a Signature Bonus inferior to the minimum amount set for
the Block in question will be disqualified.
4.4.2 Minimum Exploratory Program
The Minimum Exploratory Program, expressed in Units of Work (UTs), corresponds to the set of
exploratory activities to be performed by the dealer. The Minimum Exploratory Program on bid shall
be fulfilled during the first period of the exploitation phase.
The accepted exploratory activities and the equivalence relationship of the UTs, with the respective
amounts of the financial guarantee of the Minimum Exploratory Program, are shown in Table 15
Error! Reference source not found.of Annex XIII Error! Reference source not found.of this
Preliminary Tender Protocol.
Only the bids of Minimum Exploratory Program expressed in whole numbers of Units of Work and
amount equal to or greater than the minimum established for each Block will be accepted, as
related in Table 14Error! Reference source not found., Annex XII Error! Reference source not
found.of this Preliminary Tender Protocol. Any bid with an Exploratory Program inferior to the
minimum amount set for the Block in question will be disqualified.
4.4.3 Commitment to Local Content
It will be considered, for the purpose of score, only the percentage of Local Content understood
between the minimum and maximum amounts, as defined in Table 11 Table 11 11of this
Preliminary Tender Protocol.
Annex XIV Error! Reference source not found.of this Preliminary Tender Protocol contains tables
with the minimum Local Content percentage per item and sub-item to be bid. The bid will be made
after the completion of the commitment of Local Content for each of the items and sub-items
related in the tables of Annex XIV Error! Reference source not found.in amounts equal to or
greater than the minimum established. The global percentage of Local Content in the Phase of
Exploration and Development Stage of Production, to be considered during the bid, will be
generated automatically by the program of information technology supplied by ANP, as provided for
in Section 4.5 4.5 of this Preliminary Tender Protocol, and will be calculated from the percentage of

37

Local Content offered for each of the items and sub items related in the tables in the of Annex XIV
Error! Reference source not found., weighted by the weight of the said item and sub item in the
planned investment for the respective activity (exploration or development of production). The
weight of each item should be proposed on the basis of the total cost of the company.

Table 11 11 - Minimum and Maximum Local Content to be considered in bids for the Exploitation
Phase and Stage of Development of Production
Location of the Block
Exploration Phase Stage of Development
Minimum (%) Maximum (%) Minimum (%) Maximum (%)
Deep Water
P*> 400 m
37 55 55 65
Shallow Water
100 m < P* s 400 m
37 55 55 65
Shallow Water
P*s100 m
51 60 63 70
Shore 70 80 77 85
* P = depth in meters
4.4.3.1 Local Content Bid in Shallow Water
The Blocks located in depth less than 100 meters can be identified in Table 12 Table 12 12of this
Preliminary Tender Protocol.
In addition to these, Table 12 Table 12 12lists the Blocks located on the bathymetric quota of 100
meters in depth, which were considered as Blocks located in depth lower or equal to one hundred
meters (s 100 meters) for the purpose of fitting the tracks laid down for the minimum and maximum
percentage of the bid of Local Content. Such definition took into account the most representative
portion of the Block in relation to depth range.


38


Table 12 12 - List of Blocks found in Shallow Water lower than 100 m
Basin Sector Blocks
Foz do
Amazonas
SFZA-AR2
FZA-M-321
FZA-M-388
FZA-M-389
FZA-M-391
FZA-M-393
FZA-M-454
FZA-M-455
FZA-M-457
FZA-M-459
FZA-M-461
FZA-M-463
FZA-M-530
FZA-M-531
FZA-M-535
FZA-M-537
FZA-M-604
FZA-M-609
FZA-M-641
FZA-M-643
Barreirinhas SBAR-AR2
BAR-M-250
BAR-M-270
BAR-M-291
BAR-M-313
4.5 Submission of Bids
The process of submission of bids and determination of the winning bid will be guided by the
following rules:
- The bids should be drawn up in standard forms and submitted in a sealed envelope, with
cover and forms generated by specific computer program developed by ANP, which will be
available in the Internet on ANP specific web page to the Eleventh Bidding Round, and
delivered to CEL, at the time and location of bidding.
- The envelope should contain the bid forms signed by the Accredited Representative of the
company and the version of the forms in digital format. The bid in digital format will be
approved with the printed version, which is the only official version. If there is any

39

discrepancy between the written and digital part, or technical problems in the digital version,
the written and printed document will go.
- The bids should be individual to each bid block. No bids will be accepted for groups of
Blocks.
- The bids of a company or consortium of companies to Blocks located in a certain sector
should be presented in a single envelope containing the individual bids for each Block of
this Sector. If a company submits bids in different consortia for distinct Blocks located in the
same sector, the bids must be presented in separate envelopes.
- No company, as established in article 38, section IV, of Law no. 9,478/97, may make more
than one bid to a same Block, either individually or in consortium. This limitation is also
extended to companies of the same corporate group. All bids involving the same company
or companies of their corporate group, in the same Block, will be contested by CEL.
- The company or other companies in the same corporate group may participate in other
consortia to make bids for different Blocks.
- The bids may be made by any company, qualified as Operator in the minimum required
category for the Sector where the Blocks subject of the bid are located, or by any
consortium in which all member companies have been individually qualified and the leader
of the consortium has been qualified as Operator in the minimum required category for the
Sector where the Blocks subject of the bid are located.
- To submit bids, the company which wishes to act as Non-Operator must demonstrate, by
means of the documents mentioned in Section 3.5.4 3.5.4 of this Preliminary Tender
Protocol, it has a Net Asset equal to or greater than 50% (fifty percent) of the amount of the
Minimum Net Asset required for the respective Operator of the Operational Environment
where the Block object of bid is located.
- The CEL will verify the completion of the envelopes and their documents included, and may,
at its sole discretion, request relevant corrections.
- The envelopes containing the bids will be opened immediately after the closing date for their
presentation and will be analyzed by CEL.
- The winning bids for each Block in a given Sector will be released before the opening of the
process of submission of bids for the next Sector.
- Only the bids made exclusively according to the instructions in this Preliminary Tender
Protocol will be accepted.
- The proceedings shall be public and performed in a transparent manner.

40

4.5.1 Criterion for determination of bids
The assessment of bids will be done through the allocation of scores and weights, as shown below.
- The Signature Bonus must weight 40% in the calculation of the final score to be allocated to
the company or competitor consortium, as detailed in Section 4.4.1 4.4.1 of this Preliminary
Tender Protocol.
- The Minimum Exploratory Program must weight 40% in the calculation of the final score to
be allocated to the company or competitor consortium, as detailed in Section 4.4.2 4.4.2 of
this Preliminary Tender Protocol.
- The Local Content must weight 20% in the calculation of the final score of the company or
competitor consortium, as detailed in Section 4.4.3 4.4.3 of this Preliminary Tender
Protocol. Of this total, 5% will be allocated to the Local Content offered for the Exploitation
Phase and 15% will be allocated to the Local Content offered for the Development Phase of
Production.
Thus, for a maximum of 100 points, the final score to be allocated to a particular company will
consist of 4 (four) parts, calculated as follows:




FINAL SCORE = SCORE 1 + SCORE 2 + SCORE 3 + SCORE 4
4.5.2 Details on the calculation of the Final Score
The scores 1, 2, 3 and 4 will be calculated with five (5) decimal places, disregarding the amounts
from the sixth decimal place. The Final Score will be calculated by the sum of scores 1, 2, 3 and 4
and will be rounded to 4 (four) decimal places. When the fifth decimal place of the Final Score is
equal to or greater than 5 (five), the fourth decimal place will be rounded up.
|
|
.
|

\
|
=
$)
$)
R
R
( ofertado ra Assinatu de Bnus Maior
( ofertado a Assinatur de Bnus
x 40 1 NOTA
|
|
.
|

\
|
=
Explorao de Fase na ofertado CL(%) Maior
Explorao de Fase na ofertado CL(%)
x 5 2 NOTA
|
|
.
|

\
|
=
mento Desenvolvi de Etapa na ofertado CL(%) Maior
mento Desenvolvi de Etapa na ofertado CL(%)
x 15 3 NOTA


|
|
.
|

\
|
=
UTs em ofertado PEM Maior
UTs em ofertado PEM
x 40 4 NOTA

41

The bids will be classified according to the descending order of scores, being declared the winner
the competitor whose bid obtains the greatest Final Score.
The CEL will carry out the analysis, evaluation and classification of the bids strictly in accordance
with the criteria set out in this Preliminary Tender Protocol and in Law no. 9,478/97, downgrading
the bids that do not meet the pre-set requirements.
When two or more competitors get the same score and the provisions of article 42 of Law no.
9,478/97 are not applicable, a new deadline will be given so the tied competitors may present new
bids. In any case the bids may be lower than the previous bids, both with regards to the Signature
Bonus, and as regards the Minimum Exploratory Program and Commitment of Local Content. The
timetable for the submission of new bids will be determined by the President of CEL. If these
competitors do not present new bids or a new tie is found, the draw will be used as a criterion of
umpire, performed in public act, at a time and place designated by CEL.
4.6 Submission of Bids in Consortium
To participate in the Eleventh Bidding Round, the company will have to qualify individually.
However, the submission of bid by companies in consortia that meet the following requirements will
be accepted:
- Each consortium should count on at least one company qualified as Operator in the
minimum required category for the sector where the Blocks object of the bid are located,
without prejudice to the joint liability of the other consortia, which should meet, at minimum,
the requirements of qualification in the Non-Operator category defined in this Preliminary
Tender Protocol.
- The company in the condition of Operator may not have less than 30% share in the
consortium.
- Each of the other companies in the consortium should have a minimum share of 5% in the
consortium.
- The companies must demonstrate a commitment to establish the consortium, subscribed by
the consortium system, with indication of the leader company, responsible for the
consortium and for the operations, according to the envelope cover model as described in
Section 4.5 4.5 of this Preliminary Tender Protocol.
If any company leaves the winning consortium in the period between the delivery of the envelopes,
containing the bids, and the signing of the Concession Contract, the other companies should take
the commitments of the quitter company. In no event new members will be accepted in the
consortium in this period.

42

5 APPROVAL OF THE JUDGMENT
The final result of the bidding of each Block will be part of the Assessment Report in which the CEL
will propose the award of the purpose of the bidding to the company or consortium of companies
declared as winner. The aforementioned report shall also include information about the bids that
were not successful and, possibly, the disqualified or declared ones, in an informed and
unenforceable way.
The Assessment Report will be submitted to the Board of Directors of ANP.
Once the Assessment Report is approved, in whole or in part, ANP will publish the outcome of the
judgment of the bidding in the Official Gazette and in large-circulation newspapers.
Once the outcome of the judgment of the bidding is published, ANP shall convene the successful
companies for the signing of the Concession Contracts in accordance with the schedule in Table 1
Table 1 1of this Preliminary Tender Protocol.
ANP will publish the copies of the Concession Contracts signed in the Official Gazette.

43

6 REQUIREMENTS FOR SIGNING THE CONCESSION CONTRACT
For the Blocks of this bidding, Law no. 9,478 /97 establishes the exploration and production of oil
and natural gas must be carried out upon Concession Contracts, signed by means of Bidding.
6.1 Requirements for the winning companies to sign the Concession
Contract
For the signing of the Concession Contract the submission of the documents listed in Table 13 is
requiredTable 13 13, in the same number of copies as the contracts to be signed by the company,
and at least one copy and the other original certified copies should be submitted within the deadline
established by ANP:
a) Information on the signatory company
The company should present, within the deadline defined by ANP, the information contained in
Annex XI Error! Reference source not found.of this Preliminary Tender Protocol.
b) Evidence of Tax and Labor Regularity
- Tax Clearance Certificates concerning the Federal Revenue Service (Federal Debt Roster,
Federal Contribution and Taxes, Severance Guarantee Fund - FGTS and Social Welfare)
Corporate Taxpayer Register and Unified Suppliers Registration System (SICAF).
- Labor Debt Certificate with negative effect, in charge of the Labor Court.
The existence of registration of the company as a debtor is a barring fact for the signing of the
Concession Contract, unless the registration shows that: a) a demand has been judged with the
objective to discuss the nature of the obligation, or its amount, and the judgment has been provided
with sufficient guarantee, as per the Law; or, b) the enforceability of the tax liability has been
suspended.
c) Acts of Incorporation
The interested company should submit a full certified copy of its updated acts of incorporation (By-
laws or Articles of Incorporation) or full copy of the most recent acts of incorporation and the
consolidation of the amendments that have been promoted, duly filed with the competent Trade
Office; simplified certificate issued by the competent Trade Office; and proof of the powers of the
Legal Representatives, with the most recent acts of election of the officers and board of directors
who chose the most recent executive board, as the case may be.
d) Attorney for Appointment of the Accredited Representative to sign the Concession
Contract

44

For the signing of the Concession Contract, the company should submit a Proxy, in accordance
with Annex XIX Error! Reference source not found.of this Preliminary Tender Protocol, settled by
its Legal Representative, granting powers to a third party, who will sign the contract on behalf of the
successful company.
If it is intended to appoint Legal Representatives of the company as Accredited Representatives for
the signing of the Concession Contract, it will not be required that the company submit the Proxy,
provided the powers of the appointment party may be verified in the acts of incorporation of the
company and/or in more recent acts of election of the officers and board of directors who chose the
most recent executive board. In this case, the company should indicate the name of the Legal
Representative appointed for signing the Concession Contract, when the information of the
Signatory are sent, in accordance with Annex XI Error! Reference source not found.of this
Preliminary Tender Protocol.
e) Financial Guarantee of the Minimum Exploratory Program
For the signing of the Concession Contract, the winning company or consortium should submit
financial guarantees to support the compliance with the Minimum Exploratory Program bid as per
the models contained in Annex XVError! Reference source not found., Annex XVI Error!
Reference source not found.and Annex XX Error! Reference source not found.of this
Preliminary Tender Protocol in the forms provided for in this Section. The total amount of the
presented Guarantees should be equal to the number of Work Units offered for the Block object of
the Concession Contract, multiplied by the amount in Real of the UT for each Block, shown in Table
15 Error! Reference source not found.of this Preliminary Tender Protocol.
The financial guarantees of the Minimum Exploratory Program may be presented in the following
ways:
e1) Letters of Credit
Letters of credit issued by banks or financial institutions regularly registered in the Central Bank of
Brazil will be accepted, provided such institutions are not under Tax Direction, Intervention, Extra
Judicial Intervention and Extraordinary Surveillance, or fulfilling penalty imposed by their regulating
organizations. If the guarantees are issued abroad, a proof of registration of the financial institution
in the competent body must be attached stating its regular operations. The letters of credit shall be
issued in accordance with the model of Annex XV Error! Reference source not found.and must
be accompanied by the following documents proving the condition of legal representatives of the
issuer: certified copy of the acts of incorporation, the minutes of the election of directors, the
attorney for the representative and the documents of the representatives (Individual Taxpayer
Register and Identification Card).
e2) Guarantee Insurance

45

Guarantee Insurance Policies issued by insurance companies regularly registered at the
Superintendence of Private Insurance (SUSEP), containing reinsurance coverage in accordance
with the model in Annex XVI Error! Reference source not found.of this Preliminary Tender
Protocol. The Guarantee Insurance Policies must be accompanied by the reinsurance contract
made by a company authorized by SUSEP and of the following documents proving the condition of
legal representatives of the issuer: certified copy of the acts of incorporation, the minutes of the
election of directors, the attorney for the representative and the documents of the representatives
(Individual Taxpayer Register and Identification Card).
e3) Pledge of Petroleum and Natural Gas
Pledge Contracts of Petroleum and Natural Gas produced in the national territory will be admitted
on the Fields already in Production, subject to prior approval by ANP and the existing law,
according to the model in Annex XX Error! Reference source not found.of this Preliminary
Tender Protocol. So it may be accepted as collateral to the Minimum Exploratory Program offered,
the Pledge Contract of Petroleum and Natural Gas must be signed by the parties, registered at the
Real Estate Registry Offices of the district where the fields whose Oil and Natural Gas object of the
pledge are located, as provided for in the said annex, and delivered to ANP up to the date to be
indicated by this.
f) Consortium Contract
If the successful bid of the bidding has been submitted by companies in consortium, the registration
of the consortium constitutive instrument at the relevant Board of Trade, subscribed by the
consortium, must be delivered to and by the date indicated by ANP. The consortium contract
should contain the indication of the leader company responsible for the consortium and the
operations, without prejudice to the joint liability as provided in Article 38 of Law no. 9,478 /97. The
company in the condition of Operator must have a minimum share of 30% in the consortium and
each company should have a minimum contribution of 5% in the consortium, as established in
Section 4.6 4.6 of this Preliminary Tender Protocol.
g) Proof of Payment of the Signature Bonus
A certified copy of the Federal Tax Liability Payment Form (GRU) and the payment receipt of the
Signature Bonus should be sent to ANP, accompanied by a document detailing the identification of
the areas the payment refers to up to the date specified by ANP.
h) Performance Guarantee
If the successful company has obtained technical qualification by experience of its controlling
group, it should submit a Performance Guarantee according to the model in Annex XVII Error!
Reference source not found.of this Preliminary Tender Protocol. The Performance Guarantee
and the document where the controller or headquarter of the successful company should fully
guarantee the obligations assumed by the signatory company.

46

6.2 Signature of an Affiliate Company Contract
The successful company or consortium may delegate the signing of the Concession Contract for an
Affiliate Company of the successful company, and must, compulsorily, be a Brazilian company with
headquarters and administration in Brazil to act as a concessionaire.
In the case of consortium, the direct or indirect shares of each company should be identical to the
shares defined in the standard envelope for the submission of bids.
The company which receives the delegation to sign the Concession Contract should be submitted
to the financial and legal qualification for the same category in which the company that won the
bidding was qualified, besides proving its tax and labor regularity, taking into account the provisions
in Sections 3.5 3.5, 3.6 3.6 and 3.7 3.7 of this Preliminary Tender Protocol. The qualified successful
company should fully guarantee the obligations assumed by the signatory company through
Performance Guarantee, according to the model in Annex XVII Error! Reference source not
found.of this Preliminary Tender Protocol.
In the event of delegation of the signature of the Concession Contract to an Affiliate until the date
indicated by ANP, the following documents should be delivered:
a) Acts of Incorporation of the signatory company under the terms of Section 3.3.5 3.3.5 of this
Preliminary Tender Protocol;
b) Organizational structure, under the terms of Section 3.6 3.6 of this Preliminary Tender
Protocol, explaining the relationship between the successful company and the signatory;
c) Performance Guarantee according to the model in Annex XVII Error! Reference source
not found.of this Preliminary Tender Protocol through which the successful company
should fully guarantee the obligations assumed by the signatory.


47


Table 13 13 - List of documents required for signing the Concession Contract
1

Documents Needed Description Observations
1 Documents relating to the financial and legal qualification If applicable
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin).
2
Certificates of tax and labor regularity of the federal public
administration
The provisions of Section 6.1 are
incorporated in this item.
If there is any record as a debtor, the
company must submit additional
documentation as requested by ANP.
3
Attorney for Appointment of the Accredited Representative to
sign the Concession Contract
Annex XIX
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin).
4 Consortium Contract If applicable
Registration at the Trade
Office/original/notarized.
5 Proof of payment of the Signature Bonus In accordance with item 6.1 .g) Certified copy
6
Declaration of the successful company for the signing of the
Concession Contract through a Brazilian affiliate company.
If applicable
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin).
7 Financial Guarantee for the Minimum Exploratory Program
The provisions of Section 6.1 e) are
incorporated in this item.
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin). The deadline
for the delivery of the financial guarantees
is indicated in Table 1.
8
Evidential document of the powers of the signatories of the
financial guarantees
The acts of incorporation/by-laws of
the financial institution and last
changes accompanied of the last
minutes of the meeting that elected
the current directors.
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin).
9 Performance Guarantee
According to the model of the
Preliminary Tender Protocol (Annex
XVII) - if applicable.
If applicable
Notarization (Portuguese).
Consularization/certified translation and
notarization (foreign origin).
Notes:
1. The documentation must be delivered in numbers of copies identical to the number of Concession Contracts to be
signed by the company, being at least one original (the copies must be certified).
6.3 Cases of Waiver
6.3.1 In the case of consortium, manifested by one of the participant companies
If the winner of the bidding of a given block has been submitted by companies in a consortium and
one of these companies gives up signing the Concession Contract, the other companies members
of the consortium may assume the responsibilities of the quitter, without prejudice to the application
of administrative penalties, as provided for in Section 7 7 of this Preliminary Tender Protocol. It is
necessary for the companies interested in assuming the responsibilities of the quitter to have been
qualified in the minimum required category for the Sector where the Block object of concession
contract is located.
In no event shall the entry of a new company in the successful consortium before the signing of the
Concession Contract be allowed. If none of the companies members of the original consortium take

48

on the responsibilities of the quitter company, the offer will be decommissioned and applied to the
provisions in Section 6.3.2 6.3.2 of this Preliminary Tender Protocol.
6.3.2 Of a company or consortium as a whole
If the company or the winning consortium do not sign the Concession Contract by the date
specified for its signature, without prejudice to the application of administrative penalties as
provided in Section 7 7 of this Preliminary Tender Protocol, all the remaining competitors will be
called by means of a single call.
The notice call will be made by CEL and held by ANP by means of an official communication.
To express their interest, the remaining competitors should certify they will fulfill the amounts
contained in the successful bid within 5 (five) working days after the convening of ANP. The bid
guarantee retained in accordance with Section 4.3.4 4.3.4 of this Preliminary Tender Protocol may
be used as a commitment to honor the successful proposal, provided it remains valid. Otherwise,
the remaining competitor should submit a new Bid Guarantee.
The order of classification of the bids contained in the Assessment Report will be used as the
criterion of preference for the signing of the Concession Contracts.
The company which expresses interest in assuming the successful bid will have 30 (thirty) calendar
days to submit the required documents, from the convening by ANP for the signing of the
Concession Contract.
If the company interest in signing the Concession Contract becomes non-complying in the course
of this process, the retained or renewed Bid Guarantee will be executed.
6.4 Contract per Block
Each block should be contracted individually. A Concession Contract will be generated for each
settled Block.

49

7 PENALTIES
In the case of non-compliance by the participant company in the Eleventh Bidding Round, of any of
the obligations laid down in this Preliminary Tender Protocol or in regulatory standards issued by
ANP, the Agency may apply the following penalties:
a) fines;
b) Temporary suspension of the right to participate in future bidding to obtain new concessions
and be hired by ANP.
The temporary suspension of the right to participate in future bidding to obtain new concessions
and to be hired by ANP will be applied, without prejudice to the other previously listed penalties
when the violator practices acts to the detriment of the goals of the bidding. This suspension shall
be applied for a minimum period of 6 (six) months and maximum of 5 (five) years, and may be
extended to the corporate group of the violating company and extended at the criterion of ANP, if
the irregularity that gave rise to the temporary suspension persists.



50

8 ADDITIONAL CLARIFICATIONS ON THE BID
8.1 Forum
The issues arising from the implementation of this Preliminary Tender Protocol which cannot be
decided administratively will be processed and considered in the Federal Justice Forum, Judicial
Section of the State of Rio de Janeiro, with exclusion of any other forum, no matter how privileged it
may be.
8.2 Information and Consultations
Information on the bidding will be published by ANP in the Official Gazette and will be made
available on the web page of ANP specific on the bidding.
Clarifications and additional information relating to the Eleventh Bidding Round processes should
be directed to ANP by mail, fax or electronic mail, as listed below:
- Mail:
Dcima Primeira Rodada de Licitaes
Agncia Nacional do Petrleo, Gs Natural e Biocombustveis
Superintendncia de Promoo de Licitaes
Avenida Rio Branco 65, 18 andar
20090-004 Rio de Janeiro RJ, Brasil
- Fax:
(21) 2112-8539 (Brazil)
+55-21-2112-8539 (abroad)
- E-mail:
rodadas@anp.gov.br
- ANP also has a specific web page for Bidding Rounds
http://www.brasil-rounds.gov.br/


51

All requests for information and clarifications will be treated preferentially according to their order of
arrival at the Bidding Superintendence of ANP and disclosed on the web page of ANP specific to
the Eleventh Bidding Round.

52

9 ADMINISTRATIVE APPEALS
The acts of CEL are subject to administrative appeals to be brought within 5 (five) working days
from the date of the notice of the contested act to be received only in the devolution effect. The
notice of the contested act will be made by publication in the Official Gazette. The Management of
ANP may assign a suspensive effect to the appeal byan argumented decision and if there are
public interest reasons. The appeal of the interested company directly to CEL should be made in
writing and filed with the documents that prove the reasons alleged and protocoled at ANP.
CEL will notify on the appeal to other interested parties, which may present counter-reasons in the
same period of 5 (five) working days after the notice. After the proper instruction the appeal will be
forwarded to ANP Board of Directors for evaluation and judgment. The competitor maywithdraw the
appeal at any time.



53

10 RIGHTS AND PRIVILEGES OF ANP
10.1 Revocation and Cancelling of the Bidding
ANP may revoke, in whole or in part, at any time, this bidding process, whenever reasons
of public interest arising from supervening fact are realized, provided it is duly established,
relevant and sufficient to justify such behavior. It should also cancel the procedure when
an insolvable illegality is found through in writing and duly justified opinion, with notice to
the competitors.
10.2 Revision of Terms, Conditions and Procedures
ANP reserves the right to unilaterally revise schedules, conditions and procedures for the
Eleventh Bidding Round, giving appropriate disclosing, and it may even disqualify any
company previously qualified in cases of provendeliberate misrepresentation,
inappropriate behavior or submission of bids or documents outside of required standards.
In these cases the participation rate will not be returned.
10.3 Omitted Cases
Cases not provided for in this Preliminary Tender Protocol related to the Eleventh Bidding
Round will be analyzed by CEL and submitted, in administrative or appeal degree to the
judgment of ANP Board of Directors.