| Article
1 |
Any
company that has purchased data from China National
Offshore Oil Corporation (hereinafter referred to
as 'CN00C') in this bidding is qualified to bid. |
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| Article
2 |
Any
qualified company may bid individually (hereinafter
referred to as "Bidder"), or several qualified
companies may form a group (hereinafter referred
to as "Bidding Group") to submit a bid
proposal ("Bid Proposal"). |
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| Article
3 |
The
provisions for the Bidding Group are as follows: |
|
| 1. |
Any qualified company may only participate
in one Bidding Group for bidding. |
| 2. |
Each
Bidding Group shall have no more than three
(3) Bidders and shall elect one of the Bidders
comprising the said Bidding Group to act as
the Operator. |
| 3. |
Each
company comprising the Bidding Group shall
inform CNOOC by facsimile of the names of
the Bidders comprising the Bidding Group,
their respective percentage of the participating
interest and the name of the company to act
as the Operator thereof immediately after
formation of the Bidding Group. |
| 4. |
Bidding
Group, while submitting its Bid Proposal(s),
shall enclose therein two (2) copies of the
draft of the operating agreement agreed upon
by each of the Bidders comprising the said
Bidding Group. The said agreement shall in
no case interfere with the implementation
of the Petroleum Contract. |
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| Article
4 |
The
requirements for Bid Proposal are as follows: |
|
| 1. |
The
Bidder shall, in accordance with Bid Proposal
Format (I) provided by CNOOC, fill out the
Bid Proposal and Bidding Group shall, in accordance
with Bid Proposal Format (II) provided by
CNOOC, fill out the Bid Proposal. The Bid
Proposal shall be filled out in Chinese or
English language, in quadruplicate (one original
and three copies), and sealed in a package. |
| 2. |
The
deadline for receiving Bid Proposals from
the Bidder and Bidding Group is 4:00 p.m.
(Beijing Time) on xx xx,2002. |
| 3. |
Each
Bidder or Bidding Group shall enclose its
Bid Proposal with the Power of Attorney for
the signatory (ies) of the Bid Proposal or
the copy of provisions in Articles of Association
relating to the qualification of the signatory
(ies), on behalf of the Bidder or the Bidders
of the Bidding Group to sign the Bid Proposal. |
| 4. |
CNOOC
shall deem a Bid Proposal invalid if it: |
| |
| (1) |
covers only a partial Mea of a Bidding
Block; and/or |
| (2) |
involves interest less than one hundred
percent(100%)in the exploration period;
and/or |
| (3) |
has not been completely filled out; |
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| Article
5 |
Each
Bidder or Bidding Group may bid on two or more Bidding
Blocks. |
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|
| Article
6 |
All
the Bid Proposals shall be opened by CNOOC at the
same time after the deadline for receiving them
as stipulated in Item 2 of Article4 hereof. |
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|
| Article
7 |
In
the course of preparing the Bid Proposal(s),my Bidder
or Bidding Group may, from time to time, raise any
related question to CNOOC. CNOOC shall arrange the
time to respond in an appropriate way. |
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|
| Article
8 |
While
evaluating all the Bid Proposals received, CNOOC
may request any Bidder or Bidding Group to send
its representative to Beijing to give further explanation
about its Bid Proposal if necessary. |
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| Article
9 |
CNOOC
has the right to negotiate the petroleum contract
with any Bidder or Bidding Group selected at CNOOC's
discretion. The contract negotiation shall be based
on the Model Contract of the Fourth Round Bidding
of CNOOC, unless otherwise agreed upon by the
Parties (For
example: Geophysical Survey Agreement or Joint Study
Agreement). |
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| Article
10 |
The
receipt of Bid Proposal(s) from any Bidder or Bidding
Group shall not constitute any obligation whatsoever
for CNOOC, which obligations shall include but not
limited to, to negotiate and sign any petroleum
contract, to reimburse the payments for the purchase
of the data and document by any Bidder or Biding
Group and to explain and elaborate the basis for
CNOOC's discretionary decision on the selection
of any Bidder or Bidding Group for contract negotiation
and award of Blocks. |
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|
| Article
11 |
Any
Bidder or Bidding Group shall submit its filled
out Bid Proposal as specified in Article 4 hereof
to CNOOC headquarters in Beijing. CNOOC shall be
responsible for receiving, opening and evaluating
the Bid Proposal and the negotiation and signing
of the Petroleum Contract with the Bidder or Bidding
Group. |
