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How a contract
works

Get to know the main aspects involved in managing a contract.
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Acontecimentos de ordens climáticas no Estado do Rio Grande do Sul  - Cuidado Total às Pessoas

Com o compromisso assumido pela Petrobras de cuidado total às pessoas, em virtude dos acontecimentos de ordem climática ocorridos no Estado do Rio Grande do Sul, decretados como estado de calamidade pública, e dos inúmeros impactos à comunidade, comunicamos as seguintes  orientações acerca dos prestadores de serviços nas áreas afetadas, para o período de 08/05/2024 à 17/05/2024:

- Todos os serviços que possam ser executados fora das instalações da refinaria Alberto Pasqualine (REFAP) e da Usina Termoelétrica de Canoas (UTE-Canoas) sem impacto à continuidade operacional e segurança da unidade, devem ser executados de forma remota. Os prestadores destes serviços não devem comparecer às unidades evitando o consumo dos escassos recursos direcionados às ações de contingência. 
 
- Todos os serviços cujos prestadores tenham sido diretamente atingidos pelas enchentes, com residência afetada, bem como aqueles isolados em razão dos bloqueios em seus trajetos para a unidade e sem recursos para desenvolvimento de teletrabalho, devem buscar comunicação com a gestão do contrato o mais breve possível, para avaliação da medida adequada para o caso concreto. 

Essas orientações visam fornecer segurança às pessoas em momento de grande trauma e o acompanhamento será contínuo para o tratamento das questões relacionadas ao bem-estar da força de trabalho.
Lembrando ainda que, em caso de necessidade de apoio psicológico, os prestadores poderão acionar os canais do Plantão de Suporte Psicológico através do contato abaixo:
 
•    0800 287 2267
•    Opção 2, Saúde e Bem-estar > Opção 01 (Plantão de Suporte Psicológico)
•    Opção 02 (Avaliação de saúde) / Opção 03 (Plantão de Suporte Social).

Contractual management

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.

Provision of Services for Petrobras

SYSTEMS

The following systems are adopted by Petrobras and must be accessed by the Contractors:

PRESTSERV - System for the inclusion of data and documents of the Contractor's employees.
After the contract is signed, the Contractor will indicate, to the Petrobras contractual oversight team, the person(s) responsible for entering the employees' documentation into PRESTSERV.
This responsible person will enter the documents into the system, and then they will be checked and validated by Petrobras's oversight team.

SAMC - Contractual Measurement Support System.
The system aims to standardize and support the execution and pre-measurement process, allowing for better detailing of services and facilitating their consolidation for generating the monthly measurement. In this tool, the Contractor will enter the quantities of the measured and/or to be measured items. After the contract is signed, the Contractor will indicate the person(s) responsible for using the tool.

SIFAC - Administrative Oversight System for Contracts.
The system is used to assist in overseeing labor, social security, and FGTS obligations. The Contractor must include in SIFAC the documentation provided for in the contract so that an analysis of its compliance can be carried out. The system may be referred to by another name (different from SIFAC) but with the same purpose.
Petrobras will provide monthly reports of the analyses carried out, indicating any pending issues.

SAP ARIBA - System adopted by Petrobras for sending tax documents for goods, services, products, and inputs, as well as for monitoring payments.
More details about ARIBA can be found on the Petrobras Supplier Information Portal (ariba.com).

PETRONECT - MONITORING OF IDF (Supplier Performance Index - IDF).
Portal where contracting processes and IDF monitoring occur. The IDF can be accessed in the Registration area -> Monitoring. More information about IDF can be found in Petronect and Supplier Performance Evaluation | Petrobras Supplier Channel.

SIRH External - Integrated Human Resources Solution.
System to be accessed by the contractor to complete mandatory training provided by Petrobras, such as the (EAD) Golden Rules Training.
More information about accessing SIRH can be found in SuccessFactors Learning → Sites → Connection (sapsf.com).

Documentation related to labor obligations, social security contributions, and FGTS

In our service contracts, the contracted company must present documentation proving compliance with labor obligations, social security contributions, and the deposit of the Severance Indemnity Fund (FGTS) related to its employees.
 
Click here to access the illustrative list of documents that may be required, which may vary according to the contractual provision, and the definitive list for each contract should be agreed upon during the Opening Meeting.
 
Subcontracting
The possibility of subcontracting must be provided for in the contract and limited in the bidding notice. If provided for in the contract, the contractor must formally request it from the Petrobras Contract Manager.

Subcontracting will not be permitted for a company that:
  • Participated in the bidding by submitting a commercial proposal;
  • Participated in the preparation of the basic or executive project.
The Contractor must present the following documents from the subcontracted company, in addition to others that may be requested by the oversight, as provided for in the contract:
  • Copy of the articles of incorporation;
  • Document detailing the experience and knowledge of the company;
  • Certificate of Regularity of the FGTS;
  • Proof of compliance with the INSS (CND);
  • Proof of compliance with the Federal Revenue and Union (Joint Federal Certificate);
  • Proof of compliance with Labor Court requirements (CNDT);
  • Proof of registration with the regulatory body of the activity; licenses, authorizations, certificates, and/or others provided for in legislation, if applicable;
  • Evidence of meeting the required technical requirements, if applicable.
In the case of subcontracted and/or assigned companies, the requirements and verifications related to labor obligations of the contract apply equally, provided that the subcontracted or assigned portion is executed under the same regime and characteristics as the service performed by the contractor. If the provision of this portion is under different terms from the contractor, the requirements for the subcontractor or assignee must be adapted to the appropriate classification.

The Contractor will be responsible for proving compliance with the labor, social security, and FGTS obligations of the subcontracted company, which may be presented directly by the subcontractor in agreement with Petrobras.

Provision of Services by Former Employees of Petrobras

An employee who has been dismissed from Petrobras cannot provide services to Petrobras as an employee of a service provider company before the expiration of eighteen months from the date of dismissal.

Proof of Qualifications and Experience of Professionals
  • The Contractor must observe the qualifications and experiences of the professionals required in the Technical Specification (ET), must present this proof during the mobilization period of the contract, and maintain them throughout the execution of the contract;
  • Qualifications (high school education, higher education, training, etc.) must be proven with diplomas or certificates from educational institutions. In the case of physical diplomas, a copy of the degree recognized by the Ministry of Education and Culture (MEC) must preferably be uploaded to the system, authenticated by a notary (front and back). If the diploma is digital, the document must have a traceability mechanism for authenticity verification (hash code or equivalent);
  • Experiences must be proven through a Work Card or similar document (employment contract), which may be supplemented by statements from the companies where the employee's experience was acquired;
  • Resumes will not be accepted as proof;
  • Petrobras will not make referrals and/or select employees from the Contractor for hiring and/or acting in the execution of the contracted service;
  • The mobilization period(s) described in the contract must be followed by the Contractor. Any request for a review of these period(s) must be made during the contracting stage to ensure compliance with the principle of equality, being Petrobras's prerogative to agree to the request. After the contract is signed, the mobilization period(s) can only be changed through an amendment, if there is agreement from Petrobras;
  • Non-compliance with the mobilization period(s) will result in penalties for the Contractor;
  • The Contractor is responsible for all documentation sent to Petrobras. Thus, the Contractor is responsible for verifying that the documents are legitimate, valid, and suitable, and may be held liable if non-compliant documentation is identified in the contracts;
  • All documentation sent electronically to Petrobras must have a resolution that allows for a clear and unequivocal reading of the document;
  • Non-compliant documents, with low resolution, without date, without signature, tampered with, or in any way inconsistent will not be accepted by Petrobras and may be rejected by oversight. If any of these rejected documents were submitted to prove a contractual item, the item will be considered unmet, subjecting the Contractor to the penalties stipulated in the contract, without prejudice to the penalties provided for by law;
  • At any time, PETROBRAS may request the presentation of the original document or a certified copy in physical form if there is doubt about the authenticity of the scanned document sent or if the scanning quality is low, making it difficult to read.
 
Access to Units
The Contractor must verify the conditions for access to Petrobras units, administrative or operational, considering, mainly:
  • Official document for access control, including badge issuance; 
  • Security briefing of the location.
Occasionally, there may be units that will request certain clothing/shoe characteristics, in addition to personal protective equipment or other requirements. For these additional information, the Contractor must contact the contract manager.


Monitoring the Contract Execution
Communication regarding contractual execution matters must be conducted through a formal means between the representative of the contracted company (proxy) and the Petrobras employee designated as the contract manager.

Monitoring the phases of the contracts is done through an Occurrence Report (RO) or another document, mutually agreed upon by the parties, which clearly identifies both.

The Contractor must observe compliance with the contractual clauses, and the execution of services not provided for in the contract and/or its attachments is not due.


Contractual Changes and Claims
The contract, during its validity, may be altered due to unforeseen events or opportunities that require a review of the initial stipulations, or due to the need to correct material errors, respecting the prohibition provided for by law.

Any claim by the Contractor must be presented, necessarily, through a document addressed to the Contract Manager, detailing the object of the claim, the cause, as well as including the respective proof.

The Contract Manager will communicate the decision of Petrobras to the Contractor.

Golden Rules - Training

Suppliers must guide and ensure that their employees take part in the necessary training to provide the contracted services.

To access any of the Company's facilities, all service providers must complete the Golden Rules training. The service provider can access the course here. This training is mandatory and a premise for the registration of any service provider.

Other training may be required during the term of the contract, after the service providers have been registered. Petrobras provides an environment for some of these trainings to be carried out in distance learning format. To access them, click here.

Performance evaluation

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.

Guarantees

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.

Fines

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.

Contractual termination

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).




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