A penalty of twenty percent (20%) of the sum of the amount offered for the signature bonus and the minimum exploratory program of the Exploration Phase shall apply to: the winner of the bidding process (pursuant to section 8) failing to execute the concession agreement by the date defined by ANP; the remaining bidder expressing the interest in honoring the winning bid of the bidding process and failing to execute the concession agreement by the date defined by ANP. In case of a consortium, the amount of the penalty shall be proportional to the interest in the consortium. When the other consortium members undertake the bidders’ disqualified or withdrawing responsibilities, pursuant to sections 7.6.2 and 9.3.2, the bidder’s penalty shall apply only to the latter in the proportion of its interest. The remaining bidder deemed the new winner of the public session for submission of bids, pursuant to item (d) of section 7.6.1, shall not be subject to application of the penalties provided for in this section, without prejudice to execution of the bid bond provided for in section 5.5. Temporary suspension The temporary suspension of the right to participate in future bidding processes and contracts with ANP shall apply without prejudice to other penalties, if the offender: performs acts entailing delay of execution of the object of this bidding process; performs harmful acts to the prejudice of the objectives of this bidding process; submits formally or materially fake documentation; performs acts, during this bidding process, harmful to the domestic or foreign Public Administration, as provided for in Law No. 12,846/2013; behaves in a disreputable manner during the bidding process. The temporary suspension of the right to participate in future bidding processes and enter into agreements with ANP shall apply, without prejudice to the other penalties, if the offender continues to be called and fail to execute the agreement by the date established by ANP and also fails to submit a technical justification, acceptable by ANP, supported by a fact subsequent to the public session for submission of bids.
A penalty of twenty percent (20%) of the sum of the amount offered for the signature bonus and the minimum exploratory program of the Exploration Phase shall apply to: the winner of the bidding process (pursuant to section 8) failing to execute the concession agreement by the date defined by ANP; the remaining bidder expressing the interest in honoring the winning bid of the bidding process and failing to execute the concession agreement by the date defined by ANP. In case of a consortium, the amount of the penalty shall be proportional to the bidders’ interest in the consortium. When the other consortium members undertake the disqualified or withdrawing bidder’s responsibilities, pursuant to sections 7.6.2 and 9.3.2, the penalty shall apply only to the latter in the proportion of its interest. The remaining bidder deemed the new winner of the public session for submission of bids, pursuant to item (d) of section 7.6.1, shall not be subject to application of the penalties provided for in this section, without prejudice to execution of the bid bond provided for in section 5.5. Temporary suspension The temporary suspension of the right to participate in future bidding processes and contracts with ANP shall apply without prejudice to other penalties, if the offender: performs acts entailing delay of execution of the object of this bidding process; performs harmful acts to the prejudice of the objectives of this bidding process; submits formally or materially fake documentation; performs acts, during this bidding process, harmful to the domestic or foreign Public Administration, as provided for in Law No. 12,846/2013; behaves in a disreputable manner during the bidding process. The temporary suspension of the right to participate in future bidding processes and enter into agreements with ANP shall apply, without prejudice to the other penalties, if the offender continues to be called and fail to execute the agreement by the date established by ANP and also fails to submit a technical justification, acceptable by ANP, supported by a fact subsequent to the public session for submission of bids.