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Monday, November 07, 2016
Reply to Questions and Requests-Section “2”      
 
Reply
Question/Request
Item
 
The original hardcopy and electronic copy of the application should be sent by post mail or submitted by hand to secretariat office at following address:
 
Room 501, 5th floor, 6th NIOC Hq., No. 523,
North Hafez Ave., Karim Khan Zand Ave.,
Tehran, Iran
 
In addition, electronic files (including PQ questionnaire and attached documents) should be uploaded through following instruction:
Refer to NIOC website (www.nioc.ir) and click on “pre-qualification announcement”. Then login to register in order to upload all your documents.
 
Could you please confirm the method on how application shall be submitted (Post mail, email,…etc.)
 
 
 
 
1
 
If it is observed that the original hardcopy and electronic copy of the application was posted before deadline (19th November 2016), it would be acceptable
 
Our pre-qualification documents have delayed, now the two packages are in (name of Applicant country). The estimated time of arrival would be on November, 19th.
2
The original hardcopy and electronic copy of the application should be submitted to the defined address in working day. Office is closed on Thursday or Friday.
We would like to ask a question regarding the submission of the documents.
Are the hardcopy of the prequalification documents can be submitted on Thursday or Friday? Is the office open on weekend?
 
3
 
 
Reply to Questions and Requests-Section “1”      
 
 
Reply
Request/Question
Item
The current step is to implement pre-qualification in order to evaluate eligibility and qualification of International oil companies tend to participate in tender rounds. The qualified companies will be included in a "Long List" and NIOC will hold a limited tender by inviting narrow qualified companies selected among the Long List. Then the latest version of IPC will be sent to them.
To have latest version of IPC
1
The current step is to prepare the list of qualified E&P companies allowed participating in Iran's oil and gas upstream projects tender rounds. After tender finalization and selecting winners, you need to communicate with winner in order to be included in vendor list.
To be included in vendor list of piping
2
The current step is to prepare the list of qualified E&P companies allowed participating in Iran's oil and gas upstream projects tender rounds. After selecting qualified E&P companies, you can communicate with them for any possible cooperation.
 
 
To invest through project funding -Looking for collaboration within acceptable financing scheme
3
The latest version of IPC will be sent only to the qualified E&P companies invited to the tender. 
Looking for text of IPC
4
The current step is to prepare the list of qualified E&P companies allowed participating in Iran's oil and gas upstream projects tender rounds. After tender finalization and selecting winners, you need to communicate with winner in order to be included in vendor list.
To be in vendor list of Third Party Inspection
5
All information relevant to LNG projects will be provided later on NIOC Website.
"Please can you add the following details to your media list, and keep us posted on the progress of all LNG related projects" (??)
6
Concerning your question about clause 1.3 paragraph 3 of Questionnaire and the matter of assigning IPC to an entity at the point of signing contract, assignment clause generally is one part of contract there by the main company, under some condition may assign contract, and assignor and assignee are jointly and severally liable. Therefore, assignment is only possible after signing contract by main contractor.
 
At this moment, however, pre-qualification step is running to find applicants who are qualified to be included in the list of qualified E&P Companies. So, making decision about contract assignment is something which will be decided in its due time.
 
About your request to keep your information confidential please be informed all applicants information will be kept confidential.
 
Possibility of "To assign IPC to an entity within the same applicant's group (the Assignee) and such Assignee consequently being a party to the IPC with NIOC"
7
Concerning first section of letter, based on the definition of Internationality in questionnaire, subsidiary in Iranis regarded as International oil company since it has been registered in ….(in Europe). Also, If it has other activities in overseas oil and gas E&P outside the …….(European country where registered), therefore, the questionnaire can be, with regard to other criteria as provided in questionnaire, filled up by ……subsidiary.
 
It should be noted that in case subsidiary tend to participate in pre-qualification, then merely all information related to subsidiary will be considered for evaluation. Therefore, it is recommended that parent company participate in pre-qualification. 
 
In reply to second part of letter, as it has been clarified in pre-qualification questionnaire, any authorized person with having power of attorney from subsidiary shall be entitled to sign any provided document.
 
1.       LEGAL ENTITY: Parent company intention is to submit the application to pre-qualify  its subsidiary in Iran (“Applicant”)* which is Parent group subsidiary:
Based on this we kindly seek Your confirmation that by submitting the application with ……. (Applicant)  we can fill the Questionaire by leveraging on Parent Group worldwide experience ? In particular:
o    items from 3.1.1. to 3.1.3 (included) will be filled with subsidiary data
o    all the remaining items (from 3.1.4 to 3.6 included) will be filled with Parent Group data
2.       POWER OF ATTORNEY: We understand from art 1.3 of the Questionnaire that “Any provided document shall be signed by fully authorized person while providing power of attorney.”. Could you please confirm that no further legal certification/notarization is required and the signature of a fully authorized person by subsidiary is sufficient?
 
8
The text of IPC will be sent only to the qualified E&P companies invited to the tender. 
To have IPC
9
As it has been stipulated in the pre-qualification questionnaire, all applicants must comply with the same terms and conditions mentioned there, otherwise the applications will not be reviewed and evaluated.
 
In order to have more information concerning how to collaborate with NIOC in other interested fields, you can refer to NIOC Business and Investment Department.
The strict requirement of section 2.2 of prequalification document (reliability) and 2.4 of same document (Internationality), however, may not enable us to attain the minimum required score. Hence we would like to know if NIOC would consider waiving these requirements for Applicant in favor of being a qualified company operating in neighboring countries despite not meeting the requirements in these two sections.
Furthermore, we would also like to know if partnering with other qualified companies for specific ventures in future tender rounds with non-operating interest would also require the Company to be pre-qualified.
 
10
It is the email address that you can communicate and raise your questions. 
We would like to know if this email address (ipc@nioc.ir) could be used as a channel to submit some general questions
11
Applicants to be operator or non-operator will be evaluated and ranked based on filled information in questionnaire.
 
 
-May please confirm that whether non-operator, we also need to go through the process of pre-qualification for becoming non-operating partners with pre-qualified company
- If our application in the current pre-qualification process is not considered, whether we can join hands with pre-qualified E&P companies later as when formal oil and gas projects bidding is announced
12
In order to reply to your request, it is required to submit more information about your subsidiary dedicated for the Iran oil and gas upstream project such as place of registration, activities outside of registration place and.....
 
It should be noted that in case Parent subsidiary tend to participate in pre-qualification, then merely all information related to subsidiary will be considered for evaluation. Therefore, it is recommended that parent company participate in pre-qualification. 
We would like to seek clarification on Article 1.3 of Pre-Q.
In Article 1.3 (Application Submission) under the third bullet point where it is mentioned that:
“…The qualified applicant shall consider that the qualification results will be applicable only for its legal entity individually, not for its affiliate or parent companies.”
In line with international oil & gas practice, Parent Group would incorporate a wholly owned subsidiary dedicated for the Iran Oil & Gas Upstream Project with a financial and technical backing from Parent Group. Hence, we would like to clarify the following:
 
i. Applicant is a fully owned subsidiary of Parent Group. Can the qualification of Parent Group (i.e. credit rating, etc) be applied to the applicant?
ii.   Can the qualification be extended to applicants affiliates or any another member of Parent Group for the purpose of tender exercise?
 iii.   Could the newly incorporated wholly owned subsidiary become the signatory to the contract pursuant to the tender exercise?  
Look forward to your reply on the above. Kindly let me know should you need any further clarification. 
 
 
13
As it is described in clause 2.5 table, the total production means the whole amount of the companies’ production including production operations and/or integrated development and production operation.
In Article 3.4.1 (Acting as developer) of the questionnaire, what is difference between "total oil and gas production" and "Integrated E&P activities oil and gas production"?
 
14
As it is described in clause 2.5 table, the total production means the whole amount of the companies’ production including production operations and/or integrated development and production operation.
 
"in the second table of subsection 3.4.1, could you please clarify what is the different "total oil and gas production (MMBOE)" and "Integrated E&P activities oil and gas production (MMBOE)"?
15
-As it has been mentioned in Article 1.3, any provided document shall be signed by fully authorized person while providing power of attorney.
Therefore, power of attorney only is needed for person who signs PQ and related documents.
 
Contact person should be introduced in writing by person who has power of attorney for PQ signature.
 
POA’s should be translated in English.
 
 
Does the signatory for the PQ form and the contact person need separate power of attorney?
 
Does the PQ procedure require any other POAs?
 
Which language these POAs should be translated to?
 
16
For section 1 please refer to last paragraph of  Article 1.3
 
For section 2, as it has been mentioned in Article 2.5 bullet 1, developer means a company involving in development operations. Non-operator can act as developer as well. 
 
 
It has been corrected in PQ questionnaire. The weight of technical capability is 40%.
 
Average Recovery Factor (RF) means ultimate recovery factor.
 
It means a project included development and production operation.  
A.      Section 1.3 about Application Submission
1. Are the application documents (hardcopy of the application and a copy of requested documents together with the electronic files) is send directly to NIOC address or could be sent by email?
B.      Section 2.5 about Technical Capability
1.       We would like to clarify about the definition of developer. What is the difference between developer and operator? Are being a non-operator is counted as developer?
2.     There is a contradiction between percentage of Technical Capability in page 4 (40% weight) and page 5 (30% weight). We would like to clarify which percentage is correct?
3.    Is average Recovery Factor (RF) counted from Estimate Ultimate Recovery (EUR) or the current recovery factor of each project?
4.     What is the definition of ‘integrated E&P projects’?
 
17
All information related to PQ can be provided through secretariat email address mentioned in PQ Article 1.3
I’d like to ask for your advice about the contact point of NIOC to clarify the issues regarding Pre-Q.
 
18
 
All documents should be translated in English and signed by fully authorized person of the company who has power of attorney. Therefore, there is no need for official translation.
Clause 1.3 of the Questionnaire requires that “All documents and information requested in this pre-qualification questionnaire including the relevant certificates such as credit rating certificates must be provided in English…”
Will simple English translation of copies of all supporting documents, including constituent documents of the Applicant, power of attorney, and all other documents requested under this Questionnaire suffice or should such the ……. documents be supplemented with the certified (in our case, notary) translations?
19
As it is mentioned in article 1.3 of PQ, the address is as follow:
 "Room 501, 5th floor, 6th NIOC Hq., No. 523, North Hafez Ave., Karim Khan Zand Ave., Tehran, Iran".
In the Pre-qualification Questionnaire, the address is "Room 501, 5th floor, 6th NIOC Hq., No. 523, North Hafez Ave., Karim Khan Zand Ave., Tehran, Iran". However, we discovered that the address on the official website is "Room 501, 6th NIOC Hq., No. 671, Hafez St. (before Hafez Bridge), Tehran, Iran". We would like to know that which address is the right place for receiving the tender documents
20
 
 
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