How Petrobras hires
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):
1. open competition mode;
2. closed competition mode;
3. combined competition mode, and
4. 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.
Direct hiring may be done where provided for under Act 13,303/16: When a bid does not apply (art. 28, §3 of Act 13,303/16); Exemption from Bidding (exhaustive list of art. 29 of Act 13,303/16), and in the event of Bidding Unenforceability when competition is not feasible (exemplifying list of art. 30 of Act 13,303/16). These assumptions are similar to those provided for under Decree 2745/98.