The National Agency for Oil, Natural Gas and Biofuels (ANP) published on March 18, 2015 Resolution No. 18, which disciplines the procedures to be adopted in tenders of blocks for the concession of the activities of oil and natural gas exploration and production. The referred legal instrument repeals ANP Resolution No. 27 of June 2, 2011.
The new regulation changes substantially the previous one. Among the innovations, emphasis goes to the new order of the tender, which now follows the sequence below:
I - publication of the pre-notice; II - public hearing takes place; III - publication of the notice; IV - registration and payment of the participation fee; V - establishment of guarantees of the bid; VI - submission and judgment of the bids; VII - qualification of the winning bidders of the public session of presentation of bids; VIII - award of the contract and ratification of the tender; IX - execution of the concession contract .
For each one of these steps the regulations set forth several guidelines to be followed by the committees responsible for the preparation and execution of the tender. According to a trend ever so common in Brazilian law, the stage of submission and judgment was moved up in the...