Common use of – AWARD OF CONTRACTS Clause in Contracts

– AWARD OF CONTRACTS. 6.7.1 Subject to Article 23.1, the Contractor shall award all contracts to the best qualified subcontractor or other Person, including Affiliates of the Contractor, as determined by cost and ability to perform the contract without the obligation to tender and without obtaining the approval of the Ministry (which approval shall be deemed granted under the Hydrocarbons Law), except that before entering into any Material Contract, the Contractor shall: (a) invite tenders for said contract; (b) add to such list any Persons who the Ministry requests; (c) complete the tender process within a reasonable period of time; (d) consider and analyze the details of the bids received; (e) prepare and circulate to the Ministry a competitive bid analysis stating the Contractor’s recommendation as to the Person to whom the contract should be awarded, the reasons therefor, and the technical, commercial and contractual terms to be agreed upon; (f) obtain the approval of the Ministry; and (g) provide the Ministry with a copy of the final executed contract. All amendments and/or variations to a Material Contract shall require the prior approval of the Ministry. 6.7.2 To the extent that the Contractor imports and/or uses any services, materials, equipment, consumables and other goods from outside of Equatorial Guinea in contravention of this Article or Article 23.1, or otherwise enters into a contract in contravention of such Articles, the costs thereof shall not be Petroleum Operations Costs and shall not be cost recoverable by the Contractor. 6.7.3 The Contractor shall submit to the Ministry along with the Annual Work Program a list of the types of contracts or agreements for services that the Contractor foresees entering into during that Year as well as details of those entered into in the previous Year. In addition, the Contractor shall present to the Ministry quarterly a detailed list, including the names, addresses and telephone contacts of the Contractor’s subcontractors and other Persons who have provided goods or services to the Contractor for the conduct of Petroleum Operations during the relevant Quarter.

– AWARD OF CONTRACTS. 6.7.1 Subject to Article 23.1, the The Contractor shall award all contracts the contracts, in accordance with the Local Content Regulation enacted by the Ministry in the Ministerial Decree N.° 1/2014, of 26th of September 2014, to the best qualified subcontractor or to other Person, including Affiliates the Contractor’s affiliated Companies, on the basis of the Contractorcost and the capacity to comply with the contract’s provisions, as determined long as the Contractor abides by cost and ability to perform the contract without Article ‎23. 6.7.1 In all the obligation to tender and without obtaining the approval of the Ministry (which approval shall be deemed granted under the Hydrocarbons Law), except that before entering into any Material ContractContracts, the Contractor shall: (a) invite tenders call a bid for said the contract;. (b) add give preference to such list any Persons who the Ministry requestsnational companies the Contractor thinks that are qualified; (c) complete before awarding a Material Contract, notify and inform the tender Ministry about the intention of the Contractor to present an offer for such contract; (d) include the national companies that have been included in a list provided by the Ministry and that the Contractor regard as competent, in the list of bids for such Material Contract; (e) include in the list of bids, any qualified Person the Ministry suggests to be included; (f) finish the bid process within a reasonable period of time; (dg) consider and analyze the details of the bids receivedsubmitted offers; (eh) prepare draft and circulate send to the Ministry a competitive bid analysis stating of the offers submitted including the Contractor’s recommendation as to in terms of the Person to whom that will be awarded with the contract should be awardedcontract, the underlying reasons therefor, and the technical, commercial and contractual terms conditions to be agreed uponagreed; (fi) obtain the Ministry’s approval, which will be regarded as awarded if there is no response to an approval application thirty (30) days after since the reception of the Ministrywritten application; and (gj) provide Provide the Ministry with a final copy of the final executed signed contract. All the amendments and/or variations to a or modifications that per se abide by the definition of the Material Contract shall require the prior approval of the Ministry, approval that will be regarded as awarded if there is if there is no response to an approval application thirty (30) days after since the reception of the written application. 6.7.2 To the extent that Should the Contractor imports and/or uses use any servicesservice, materialsmaterial, equipment, consumables and other goods from outside a country other than Equatorial Guinea, aware of Equatorial Guinea in contravention of this Article or Article 23.1‎23.1, or otherwise enters into signs a contract in aware of contravention of such Articles, the their costs thereof shall not he Petroleum Operational Costs and they shall not be Petroleum Operations Costs and shall not be cost recoverable costs by the Contractor. 6.7.3 The Contractor shall submit to the Ministry along with the Annual Work Program a list of the types of contracts or agreements for services that the Contractor foresees entering into during that Year as well as details of those entered into in the previous Year. In addition, the Contractor shall present to the Ministry quarterly a detailed list, including the names, addresses and telephone contacts of the Contractor’s subcontractors and other Persons who have provided goods or services to the Contractor for the conduct of Petroleum Operations during the relevant Quarter.

– AWARD OF CONTRACTS. 6.7.1 Subject to Article 23.1, the The Contractor shall award all contracts the contracts, in accordance with the Local Content Regulation enacted by the Ministry in the Ministerial Decree N.° 1/2014, of 26th of September 2014, to the best qualified subcontractor or to other Person, including Affiliates the Contractor’s affiliated Companies, on the basis of the Contractorcost and the capacity to comply with the contract’s provisions, as determined long as the Contractor abides by cost and ability to perform the contract without Article ‎23. 6.7.1 In all the obligation to tender and without obtaining the approval of the Ministry (which approval shall be deemed granted under the Hydrocarbons Law), except that before entering into any Material ContractContracts, the Contractor shall: (a) invite tenders call a bid for said the contract;. (b) add give preference to such list any Persons who the Ministry requestsnational companies the Contractor thinks that are qualified; (c) complete before awarding a Material Contract, notify and inform the tender Ministry about the intention of the Contractor to present an offer for such contract; (d) include the national companies that have been included in a list provided by the Ministry and that the Contractor regard as competent, in the list of bids for such Material Contract; (e) include in the list of bids, any qualified Person the Ministry suggests to be included; finish the bid process within a reasonable period of time; (df) consider and analyze the details of the bids receivedsubmitted offers; (eg) prepare draft and circulate send to the Ministry a competitive bid analysis stating of the offers submitted including the Contractor’s recommendation as to in terms of the Person to whom that will be awarded with the contract should be awardedcontract, the underlying reasons therefor, and the technical, commercial and contractual terms conditions to be agreed uponagreed; (fh) obtain the Ministry’s approval, which will be regarded as awarded if there is no response to an approval application thirty (30) days after since the reception of the Ministrywritten application; and (gi) provide Provide the Ministry with a final copy of the final executed signed contract. All the amendments and/or variations to a or modifications that per se abide by the definition of the Material Contract shall require the prior approval of the Ministry, approval that will be regarded as awarded if there is if there is no response to an approval application thirty (30) days after since the reception of the written application. 6.7.2 To the extent that Should the Contractor imports and/or uses use any servicesservice, materialsmaterial, equipment, consumables and other goods from outside a country other than Equatorial Guinea, aware of Equatorial Guinea in contravention of this Article or Article 23.1‎23.1, or otherwise enters into signs a contract in aware of contravention of such Articles, the their costs thereof shall not be Petroleum Operations Operational Costs and they shall not be cost recoverable costs by the Contractor. 6.7.3 The Contractor shall submit to the Ministry along with the Annual Work Program a list of the types of contracts or agreements for services that the Contractor foresees entering into during that Year as well as details of those entered into in the previous Year. In addition, the Contractor shall present to the Ministry quarterly a detailed list, including the names, addresses and telephone contacts of the Contractor’s subcontractors and other Persons who have provided goods or services to the Contractor for the conduct of Petroleum Operations during the relevant Quarter.

– AWARD OF CONTRACTS. 6.7.1 Subject to Article 23.1, the The Contractor shall award all contracts the contracts, in accordance with the Local Content Regulation enacted by the Ministry in the Ministerial Decree N.° 1/2014, of 26th of September 2014, to the best qualified subcontractor or to other Person, including Affiliates the Contractor’s affiliated Companies, on the basis of the Contractorcost and the capacity to comply with the contract’s provisions, as determined long as the Contractor abides by cost and ability to perform the contract without Article ‎23.1. 6.7.1 In all the obligation to tender and without obtaining the approval of the Ministry (which approval shall be deemed granted under the Hydrocarbons Law), except that before entering into any Material ContractContracts, the Contractor shall: (a) invite tenders call a bid for said the contract;. (b) add give preference to such list any Persons who the Ministry requestsnational companies the Contractor thinks that are qualified; (c) complete before awarding a Material Contract, notify and inform the tender Ministry about the intention of the Contractor to present an offer for such contract; (d) include the national companies that have been included in a list provided by the Ministry and that the Contractor regard as competent, in the list of bids for such Material Contract; (e) include in the list of bids, any qualified Person the Ministry suggests to be included; (f) finish the bid process within a reasonable period of time; (dg) consider and analyze the details of the bids receivedsubmitted offers; (eh) prepare draft and circulate send to the Ministry a competitive bid analysis stating of the offers submitted including the Contractor’s recommendation as to in terms of the Person to whom that will be awarded with the contract should be awardedcontract, the underlying reasons therefor, and the technical, commercial and contractual terms conditions to be agreed uponagreed; (fi) obtain the Ministry’s approval, which will be regarded as awarded if there is no response to an approval application thirty (30) days after since the reception of the Ministrywritten application; and (gj) provide Provide the Ministry with a final copy of the final executed signed contract. All the amendments and/or variations to a or modifications that per se abide by the definition of the Material Contract shall require the prior approval of the Ministry, approval that will be regarded as awarded if there is if there is no response to an approval application thirty (30) days after since the reception of the written application. 6.7.2 To the extent that Should the Contractor imports and/or uses use any servicesservice, materialsmaterial, equipment, consumables and other goods from outside a country other than Equatorial Guinea, aware of Equatorial Guinea in contravention of this Article or Article 23.1‎23.1, or otherwise enters into signs a contract in aware of contravention of such Articles, the their costs thereof shall not be Petroleum Operations Operational Costs and they shall not be cost recoverable costs by the Contractor. 6.7.3 The Contractor shall submit to the Ministry along with the Annual Work Program a list of the types of contracts or agreements for services that the Contractor foresees entering into during that Year as well as details of those entered into in the previous Year. In addition, the Contractor shall present to the Ministry quarterly a detailed list, including the names, addresses and telephone contacts of the Contractor’s subcontractors and other Persons who have provided goods or services to the Contractor for the conduct of Petroleum Operations during the relevant Quarter.