Pursuant to the Presidential Decree no. 86/18 of 2 April 2018, new rules for public tenders in the Oil Industry as well as Procurement Procedure for the Supply of Goods and Services, revoking the Decree no. 48/06, of 1 September 2016.
The recently enacted rules provide major changes to the revoked regime, namely:
Public Tender for the acquisition of associate status of the National Concessionaire
- Reduction of the bureaucratic procedure intended for the acquisition of associate status of the National Concessionaire, namely, throughout the elimination of the “pre-qualification” phase;
- Amendment to the relevant timeframes;
- The acquisition of the associate status of the National Concessionaire continues to be throughout Public Tender.
Procurement Procedure for the provision of goods and services to the Oil Industry
The main amendments concern the relevant amount thresholds and the approval procedures from the National Concessionaire. In such sense, are established the following rules:
- Up to USD 1 Million (or the equivalent in national currency) the operator may freely proceed with the acquisition of goods and services without the launch of public tender or the approval of National Concessionaire, notwithstanding the mandatory provision to the National Concessionaire of a quarterly report enlisting the relevant contracts concluded during such period;
-
Contracts between USD 1 Million and USD 5 Million Dollars (or the equivalent in national currency), and within a 5 years’ timeframe may only be concluded throughout a public tender procedure. In this specific case, the approval of the National Concessionaire is not necessary;
-
Contracts exceeding USD 5 Million (or the equivalent in national currency) are subject to public tender and National Concessionaire approval.
The Presidential Decree no. 86/18 of 2 April 2018 entered into force on the date of its publication.