Section 556.511 - Are there restrictions on bidding with others and do those restrictions affect my ability to bid?The Energy Policy and Conservation Act of 1975, 42 U.S.C. 6213 , prohibits joint bidding by major oil and gas producers under certain circumstances. BOEM implements 42 U.S.C. 6213 as follows:
(a) BOEM publishes twice yearly in the FEDERAL REGISTER a restricted joint bidders list. A person appearing on this list is limited in its ability to submit a joint bid. The list: (1) Consists of the persons chargeable with an average worldwide daily production in excess of 1.6 million barrels of crude oil and/or its equivalent in natural gas liquids and natural gas for the prior production period; and(2) Is based upon the statement of production that filed as required by § 556.513 .(b) If BOEM places you on the restricted joint bidders list, BOEM will send you a copy of the order placing you on the list. You may appeal this order to the Interior Board of Land Appeals under 30 CFR part 590 , subpart A.(c) If you are listed in the FEDERAL REGISTER in any group of restricted bidders, you may not bid: (1) Jointly with another person in any other group of restricted bidders for the applicable 6-month bidding period; or(2) Separately during the 6-month bidding period if you have an agreement with another restricted bidder that will result in joint ownership in an OCS lease.(d) If you are listed in the FEDERAL REGISTER in any group of restricted bidders, you may not make any pre-bidding agreement for the conveyance of any potential lease interest, whether by assignment, sale, transfer, or other means, to any person on the list of restricted joint bidders.(e) Even if you are not listed in the FEDERAL REGISTER in any group of restricted bidders, you are prohibited from making any pre-bidding agreement for the assignment, sale, transfer, or other conveyance of any potential lease interest to two or more persons in different groups on the list of restricted joint bidders.(f) As a bidder, you are prohibited from unlawful combination with, or intimidation of, bidders under 18 U.S.C. 1860 .