Get to know the state-owned company act
The State-Owned Company Act (13,303/16) provides for the legal status of government-owned companies and mixed-capital companies and their subsidiaries within the Federative Republic of Brazil, the states, the Federal District, and the municipalities.
Sanctioned on June 30th, 2016, the Act is a regulatory framework for these companies’ performance and sets procedures and responsibilities for them. As a mixed-capital company, we are part of the companies governed by the State-Owned Company Act, as are all our Brazilian subsidiaries.
One of the main themes introduced by the new legislation is the regulation of hiring, with changes and innovations related to the norms Petrobras currently follows. In this regard, Act 13,303/16 determines that all contracting must be carried out, as a rule, through public bidding. This means that hiring will be made through bids that will be open to any interested party that can meet the requirements of the bid. This increases supplier participation and transparency of bidding process and public management.
The legislation revokes article 67 of Act 9478/97. The article was the base of the validity of Decree 2745/98, which, in turn, approved the Simplified Bidding Procedure Regulation, and the Petrobras Manual for Hiring (MPC).
The Petrobras Bid and Contract Regulations (RLCP) document was prepared to discipline general hiring rules and to meet the requirements of art. 40 of Act 13,303/16, complementing the provisions set forth under the Act.
This document presents the new ways contracting will be done, the stages to be covered in the bids, and the contractual management and auxiliary procedures, including the suppliers registry.
The first revision of the RLCP was published in the Official Register on July 2nd, 2018. The purpose is to include art. 223 and its sole paragraph. To get to know the RLCP, click here.
Material Supply Conditions
The Material Supply Conditions (CFM) regulate the supply of Goods and Services associated with Petrobras. They aim to improve our relationship with the supplier market.
Our Executive Board approved the CFM 2018 on January 11th, 2018. Its application follows the implementation schedule of the State-Owned Company Act and Petrobras's Bid and Contract Regulation (RLCP).
The main novelty introduced by the CFM 2018 were brought about by article 76 of Act 13,303/16, which provides for the supplier’s liability for damages caused directly to Petrobras or to third parties, regardless of intent or fault. A few items related to the suppliers’ obligations and responsibilities were modified due to the significant change introduced by the Act.
Therefore, the CFM 2018 clarify that:
- If it is necessary to remove the good, the supplier must remove it where it was supplied, as set forth in the contract;
- The supplier will not be liable for damages caused to Petrobras or to third parties when its conduct was not the cause of the damages.
Material Supply Conditions
Adjustment and payment conditionsThe conditions governing price readjustments and their respective payments for contracts for the supply of goods and goods with associated services are set in the Readjustment and Payment Conditions (CRP).CRPs have been being progressively adjusted and incorporated directly into the contracts, in the respective readjustment clause. However, for old contracts that do not feature the clause yet, the price readjustment and the respective payments are regulated by the CRPs below:
- Adjustment and Payment Conditions of 1991 (revision in 1996)
- Adjustment and Payment Conditions of 2003
Conservation and supply of goods
We have established minimum packaging requirements for the conservation of equipment and materials we purchase. These requirements are set forth in the public notice for the bid or other call notice, they apply to all national or international cargo and can be checked out here.
To the situations in which Petrobras must have the goods available, our suppliers must complete and deliver the good availability notice (ADB). This notice may be replaced by any other document issued by the supplier, provided that the availability of the goods is characterized and all the data necessary for the transport informed.