Terms of Reference
Legal and contracting capacity
Legal and contracting capacity

In accordance with the Law, applicants must have the ability and legal capacity to commit to obligations and contracts with the ANH in the performance of E&P related activities in the oil and gas industry in Colombia.

Local and foreign corporate entities, consortia and temporary unions may contract with the ANH if they can demonstrate that:
a) Their stated business allows them to make a proposal and execute the contract. For a consortium or temporary union, the stated business must be accredited for the company acting as Operator
b) Condition a) is valid for a period greater than that of the validity of the contract plus one year
c) They have no pending litigation, legal processes, bankruptcy or other circumstance that might cause them to breach their obligations; and provide
d) A sworn statement that they are not incapacitated or restricted from contracting with the ANH.

Colombian corporate entities and Colombian branches of foreign corporate entities must provide a Chamber of Commerce incumbency certificate.

Foreign companies with no Colombian branch must accredit existence and representation with an equivalent certificate from their home country. If a contract is signed, the awarded proponent will then have sixty days to establish a branch in Colombia.

Consortia and temporary unions will present, in addition, a letter of intent signed by their legal representatives showing the percentage interest of each, that the member-company that will act as Operator in the future contract, the specification of its duration, and a statement that once the contract is signed they will sign the consortium or union agreement.

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