Q & A for the 3rd bid round

​​

To submit questions as per the competitive process, one has to submit the questions using the designated format which appears at the end of the bid documents in MS Word format. 


Below is a table that includes questions submitted to the Ministry as part of the 2nd offshore bid round 2018, and the answers to them. 

No.

Document

(CFB/Schedule)

Item

No.

Query Answer/Clarification
1
Schedule 1.5- Confidentiality Undertaking  General Could the Ministry please confirm that the Receiving Party has the right to disclose confidential information to a bona fide purchaser in case of a future farm-out. Yes, the Ministry confirms that the Receiving is allowed to provide the Confidential Information to a company that is engaging in a farm out negotiation with the Receiving Party.  The Receiving Party would require such company to sign  the Confidentiality Undertaking attached as Schedule 1.5
2 Schedule 1.5- Confidentiality Undertaking  General Could the Ministry as the Disclosing Party please confirm that it has the authority to provide prior written consent that Receiving Party may disclose Confidential Information when Receiving Party request such a disclosure. Yes. The Ministry, as the Disclosing Party, has the authority to provide written consent that Receiving Party may disclose Confidential Information when Receiving Party request such a disclosure. upon a receiving Party's request and at the Ministry's discretion
3 Schedule 1.5- Confidentiality Undertaking  General Could the Ministry please confirm that it has all necessary rights and permissions to provide the contents of the Data Package, and that all necessary consents, including export permissions, have been obtained to permit disclosure and provision of electronic and physical copies of the Data Package to potential bidders? Yes, the Ministry confirms that it has all necessary rights and permissions to provide the contents of the Data Package, and that all necessary consents, including export permissions, have been obtained to permit disclosure and provision of electronic and physical copies of the Data Package to potential bidders.
4 Schedule 1.5- Confidentiality Undertaking Paragraph 1 Could the Ministry of Energy please confirm that where a Receiving Party generates internal evaluation materials and other work products that do not display or incorporate the Confidential Information in original or reprocessed form that these are not to be considered part of the Confidential Information? Yes, the Ministry confirms that where a Receiving Party generates internal evaluation materials and other work products that do not display or incorporate the Confidential Information in original or reprocessed form, these are not to be considered part of the Confidential Information.
5 Schedule 1.5- Confidentiality Undertaking General Could the Ministry please confirm that the Receiving Party has the right to reprocess Confidential Information, including by way of use of a third party reprocessing company (still subject to confidentiality and the Permitted Purpose)? Yes, the Ministry confirms that the Receiving Party has the right to reprocess Confidential Information, including by way of use of a third party reprocessing company as long as the Receiving Party will require from the third party reprocessing company to abide by the Confidentiality Undertaking attached as Schedule 1.5 concerning the Permitted Purpose’ and sign it.
6 Schedule 1.5- Confidentiality Undertaking  Paragraph 2.2 Could the Ministry please confirm that "personnel" in paragraph 2.2 of the CU is understood to include employees of the Receiving Party, and also those of affiliated companies who have a need to review the Confidential Information for the Permitted Purpose? Yes, the Ministry confirms that "personnel" in paragraph 2.2 of the Confidentiality Undertaking is understood to include any affiliate of the Receiving Party, who has a need to review the Confidential Information for the Permitted Purpose, subject to signing of the Confidentiality Undertaking attached as Schedule 1.5, by the affiliated company.
7 Schedule 1.5- Confidentiality Undertaking

 Paragraph 2

 

 

 

 

 

 

Could the Ministry please confirm that the Receiving Party shall be entitled (on prior notice to the Ministry) to disclose Confidential Information as required by law, Court order, SEC or other quasi-governmental regulation, etc? Yes, the Ministry confirms that the Receiving Party shall be entitled (on prior notice to the Ministry, in writing) to disclose Confidential Information as required by law, Court order, SEC or other quasi-governmental regulation, etc.
8 Schedule 1.5- Confidentiality Undertaking  Paragraph 2 Could the Ministry please confirm that the Receiving Party has the ability to provide the Confidential Information to potential joint bidders, who have also signed up to a Confidentiality Undertaking, and discuss their respective evaluations of the Confidential Information? Yes, the Ministry confirms that the Receiving Party is allowed to discuss the Confidential Information with other potential bidders who have signed the Confidentiality Undertaking attached as Schedule 1.5
9 Schedule 1.5- Confidentiality Undertaking  Paragraph 2.2 Could the Ministry please confirm that the Receiving Party has the ability to disclose information to external professional consultants, consistent with the Permitted Purpose? Yes, the Ministry confirms that "personnel" in paragraph 2.2 of the Confidentiality Undertaking is understood to include any affiliate of the Receiving Party, who has a need to review the Confidential Information for the Permitted Purpose, subject to signing of Confidentiality Undertaking attached as Schedule 1.5
10 Schedule 1.5- Confidentiality Undertaking

General

 

Could the Ministry please confirm that the liability of the Parties to each other for breach of Schedule 1.5 - Confidentiality Undertaking shall be limited to direct actual damages only and that the Parties shall in no event be liable to each other for any other damages, including loss of profits or incidental, consequential, special, or punitive damages, regardless of negligence or fault? The Ministry confirms that the liability of the Receiving Party for breach of Schedule 1.5 - Confidentiality Undertaking shall be limited to direct actual damages only, provided that the Receiving Party managed the Confidential Information in a reasonable and common manner.
11
CFB – Schedule 1
General
Schedule 1 includes the following requirement:
"If the bidder is a body of persons, whether corporate or unincorporated, and a person holds, either directly or indirectly, more than 25 percent of the shares or the voting power or the power of control or the power of appointing directors in that body, within the meaning of these terms in the Petroleum Law, including Article 56 thereof, the same details and documents with respect to such person should be submitted as if he too were a bidder".
Few questions arise from this requirement:
If the bidder is a consortium, does the above requirement apply to such consortium?
2. If the above requirement indeed applies to each consortium member, is a "person", as you refer to, an individual ) )אדם פרטי
or is it also a legal entity? Also, it is unclear how would Schedules 1.1, 1.2 and 1.4 be submitted with respect to an individual (as they relate to legal entities).
3. Are "the same details and documents with respect to such person should be submitted as if he too were a bidder" in fact Schedules 1.1, 1.2 and 1.4? 
4. Are there any additional documents which need to be submitted in respect of such "person"?
1. According to Section 2.8 of the CFB, "bids must include a completed registration forms (Schedules 1.1; 1.3 and 1.4) completed and signed by the bidder or, when in consortium, by each of the consortium members". 
2. "A Person" may refer to individual. In such case, Schedules 1.1, 1.2 and 1.4 should be submitted mutatis mutandis.
3. Yes.
4. No.



12
CFB – Section 2.8
(Bidding Round
Process)
(i)
The bidder is required to include in the sealed envelope the
"completed registration forms (Schedules 1.1; 1.3 and 1.4)
completed and signed".
Is the bidder not required to include Schedules 1.2 and 1.5?
Is the bidder required to sign all the schedules/documents under
Schedule 1? (Including the constitutional documents).
According to Section 2.8 of the CFB, "bids must include a completed registration forms (Schedules 1.1; 1.3 and 1.4) completed and signed by the bidder or, when in consortium, by each of the consortium members". 
Please see Schedule 1- P.16 of the CFB, "Registration forms shall be submitted in 2 text-searchable PDF files as shown in Schedules 1.1 and 1.2 and 3 scanned PDF files as shown in Schedules 1.3 to 1.5. [Note: If the bidder is a consortium, the registration form should be completed by each consortium member separately]". Please note that Schedule 1.5 is submitted as part of the Data Package purchase process.
​13
​CFB – Section 2.8
(Bidding Round
Process)
​(iv)
​Is Schedule 7.2 (Bank Guarantee) not required to be submitted?
You only mention the bid bond as part of the contents of the
envelope.
​Please see Section 9.5 of the CFB.
​14
​CFB – Schedule 3
​General
​The bidder is required to initial the bid form in Schedule 3. Is this requirement only in respect of the table in Schedule 3 or is the bidder required to initial all applicable schedules (Schedule 3.1,
3.3, 3.4)?
​Please see Section 2.8 of the CFB.
​15
​CFB – Schedule 3
​General
​Is there a Schedule 3.2?
​No
​16
​\Israel 3rd Bid Round Data Package\Seismic\2D\HOR83100
​Data package
​Is it possible to get the original 2D Seg-y files?
​Following sub folder – 
Israel 3rd Bid Round Data Package\Seismic\2D\HOR83100
If the original data is corrupted please let us know and we will transfer the data via ftp.
​17
​\Israel 3rd Bid Round Data Package\General Reports
​Data package
​The document "Block #72 Prospectivty Summary" shows on slide 5 a basemap with the 2D seismic lines used by the MoE for the interpetation of the structure. Regarding the intepreted 2D lines on the basemap (purple colour). Is it possible to get these lines or is it possible to get survey name of the 2D lines or the service company that owns these seismic lines. It would be much appreciated.
​The data presented in slide 5 in the document "Block #72 Prospectivty Summary" is part of a multi-client seismic survey acquired by Spectrum in 2000. 
The data available in Israel EEZ is the original processing done by Spectrum in 2000 in the time domain. The data outside Israel EEZ is available via TGS.
The contact person from TGS side – 

Dr. Alessio Checconi
Senior Business Development Manager – AME
Alessio.Checconi@tgs.com