The Act 13,303/16 introduced significant changes to our bidding procedures. Bids are open to any interested party that can meet bidding process requirements and will be processed, preferably, electronically, in accordance with the following procedures set forth in the Petrobras Bid and Contract Regulation (RLCP):
open competition mode;
closed competition mode;
combined competition mode, and
open auction rite.
In the cases provided for under Act 13,303/16 there may also be direct contracting.
Open competition mode
The bidders submit their bidds and, subsequently, make public and successive bids, increasing or decreasing the bid, in accordance with the adopted judgement criterion. The bidding document may set a minimum amount difference range between bids and provide for the bidder the bid submission during the open bidding.
Closed competition mode
The bids will be confidential until the date and time designated for disclosure, similar to the procedure that is currently practiced.
Combined competition mode
Under Act 13,303/16 the open and closed competition modes may be combined when the subject of the bid can be portioned. In this case, each portion will be evaluated pursuant to the rules of the chosen competition mode, according to the public notice.
Open auction rite
For bidding for common goods and services, the preference will be for the open auction rite. In such cases, the bids will be processed and judged by an auctioneer. As provided for under Act 13,303/16, common goods and services are those for which there are performance and quality standards that can be defined objectively based on ordinary market specifications.
Contratação direta
Direct hiring
Direct contracting may be carried out in the situations provided for in Law No. 13,303/16: non-applicability of bidding (Article 28, §3 of Law No. 13,303/16); waiver of bidding (exhaustive list set forth in Article 29 of Law No. 13,303/16); and non-requirement of bidding in cases where competition is not feasible (illustrative list set forth in Article 30 of Law No. 13,303/16). These situations are similar to those provided for in Decree No. 2,745/98.
As established in Article 29, §3, the updated amounts adopted by Petrobras as the threshold for waiver of bidding based on value are R$170,000 for engineering works and services, and R$85,000 for other services and purchases.
Petrobras uses a score of 3 in the Supplier Performance Index (SPI) and 3 stars in the Performance Rating as parameters for selecting suppliers to participate in quotation processes for goods within the waiver of bidding threshold, which may be subject to change depending on internal criteria.
Related content
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.
We disclose the rules of the bidding procedure in the bidding document. Among other items, the document includes: The technical specification, the way of contracting, and information for the submission of proposals.
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