Through management and supervision, we can verify compliance with the parties’ obligations to ensure that the activities are performed as set forth in the contract.
We currently have contracts that are ruled by Decree 2745/98 and by the Petrobras Manual for Hiring (MPC), since they were tendered before implementing Act 13,303/2016 and the Petrobras Bid and Contract Regulation (RLCP).
The contractual management aspects below apply to the contracts made formal under Decree 2745/98 and Act 13,303/2016.
The maximum contract term may not exceed five years, including any extension addenda. Exceptions are provided for in Act 13,303/16.
Monitoring of contractual enforcement
The communication of issues related to contractual execution must be done by formal means between the representative of the contracted company (agent) and the Petrobras employee assigned as the contract manager.
We monitor and record contract stages in the Occurrence Report (RO) or other document that makes the identification of both parties clear.
The contract, in the course of its validity, may be altered due to supervening facts or opportunities that require the revision of the initial stipulations, or also due to the need of correcting material errors, respecting the prohibition provided for under the law.
For some contracts, it may be necessary to provide collateral in the contracting of works, services, and purchases. In such cases, the contracted company will have to choose from three modalities: Cash collateral; insurance or bank guarantee.
Labor, social security, and FGTS (EDF) obligations
In our service contracts, the contracted company must submit the documentation proving that it has met its employees’ labor obligations, social security contributions, and Employee Dismissal Fund (EDF) deposits.
Petrobras considers important to choose the best suppliers. One of the ways to achieve this goal is the properly assessment of the performance of businesses that negotiate with the company and application of the system of consequences.
To learn how we assess our suppliers’ performance, click here.
The contracts may feature a provision for fines, in case of contractual default, under the terms of the private law and of Act 13,303/2016.
We consider the contract terminated in these cases:
- When the entire contractual subject matter has been delivered;
- At the end date of the contractual term;
- In case of the anticipated consumption of the full contractual amount, the case provided for in the contract;
- In other cases, provided for in the law and in the contractual instrument.
The completion of all deliverables provided for in the contractual object is marked by the signature, by both parties, of a document known as the Definitive Term of Receipt (TRD).