In presidential decree No. 249/21, of 5 October, which Lusa agency had access to this Thursday, the permanent offer regime is defined as the act of continuous promotion and availability of free areas in concession blocks, blocks auctioned and not awarded and concessions awarded to the national concessionaire.
The diploma defines free areas in concession blocks as those that, at the end of the research period, are no longer part of the concession area, being considered free in favor of the State, while the blocks auctioned and not awarded are those that have been subject to a bidding and at the end of the public tender, after 180 days, have not been awarded.
On the other hand, concessions awarded to the national concessionaire are understood to be areas for which the national concessionaire demonstrates an interest in carrying out petroleum operations under the terms of paragraph 1 of article 44 of the Petroleum Activities Law.
The decree emphasizes that this diploma is applicable to the national concessionaire in this case ANPG - National Agency for Petroleum, Gas and Biofuels, as well as to all national or foreign commercial companies with headquarters in Angola or abroad, which demonstrate, in a proven way, possessing good repute and technical, financial and management capacity, intending to associate with the national concessionaire or who are contracted to carry out petroleum operations.
According to the document, the allocation of oil areas and blocks available under a permanent offer regime must be widely publicized by ANPG, safeguarding all interested parties the right to information regarding the progress and status of the contractual procedures in which they are involved.
"The national concessionaire must ensure that the permanent offer regime does not conflict with the execution of any other strategy for attributing oil concessions approved by the holder of the executive power, under the terms of the legislation in force", he emphasizes.
The promotion of blocks, areas and concessions under a permanent offer regime is carried out through public tender, direct negotiation or limited public tender.
The diploma establishes as rules and requirements for the quality of an ANPG member that the investor informs whether he will compete individually or as a consortium, prove his suitability and financial and management capacity to join the national concessionaire as an operator, through various information.
This information includes annual reports on the activity carried out, including the balance sheet and accounts, for the last three years or since its incorporation, if the investing entity has been incorporated earlier, audited by an independent and experienced auditing entity. proven.
Investors must also prove their technical capacity to associate themselves with the national concessionaire as an operator, by means of various information, namely being a human resources holder with professional experience in the management and execution of petroleum operations.
In case of expression of interest in a public tender, it is up to the national concessionaire to approve the candidatures in accordance with the submitted documents and proof of financial capacity, but if there are non-conformities at the time of evaluation of the candidacy documents, the investor is disqualified for the block on a permanent offer basis.
Disqualification "does not prevent investors from returning to participate in the next processes of the permanent offer regime if they present all the necessary documentation for this purpose", according to the presidential decree.
