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How a bidding
procedure works

Here we describe how the opportunities are divulged, the content of a public notice, and the stages of the bidding procedure.
 
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Contents of the public notice

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. Possible changes to the public notice are disclosed in the same terms as the original acts and procedures, except when an amendment does not compromise the bid formulation.
Judgment criteria
The submitted bids that are submitted are ordered according to the judgment criterion set forth in the public notice and may indicate: Smallest price; highest discount; best technique; best combination of technique and price; best artistic content; highest price offer; highest economic returns; best allocation of sold assets. Understand how each one works:

Smallest price

The bid with the smallest price will be considered the one that represents the least expense for Petrobras, provided the minimum quality parameters set forth in the bidding document are met. In this situation, bid ordering will be from the smallest to the highest.

Highest discount

The bid with the highest discount will also be the one that represents the least expense for Petrobras, provided it meets the minimum quality parameters set forth in the public notice. In this situation, bid ordering will be from the highest to the smallest discount in relation to the overall price set by Petrobras in the public notice for bids. In this case, the reference budget, which is usually confidential, will be disclosed.

Best technique

Selection is based solely on the best technical bid, according to the objective parameters set forth in the notice, which will also define the value of the award or the remuneration that will be awarded to the winner. This judgment criterion may be used for the hiring projects and works of a technical and scientific nature, including architectural projects and excluding engineering projects.

Best combination of technique and price

This criterion will be used in bidding in which the evaluation and the weighting of the bids’ technical quality are relevant for the purposes intended by Petrobras. The technical and price bids submitted will be evaluated according to the weighting factors set forth in the notice, with the most relevant weighting factor being limited to 70 percent. The public notice will set a minimum score for the technical proposals, which if not met will result in disqualification.

Best artistic content

The choice of the best bid is based solely on the judgment of the artistic content presented, pursuant to the objective parameters set forth in the public notice, which will also define the value of the award or the remuneration awarded to the winner. This judgment criterion can be used for hiring projects and works of an artistic nature.

Highest price offer

The highest price bid judgment criteria will be used in the case of contracts that result in revenue for Petrobras. The assets and rights to be bid for will be evaluated in advance for the minimum bidding amount to be set forth in the public notice.

Highest economic returns

The best bid will be considered the one that presents the best economic return to Petrobras through the reduction of its current expenses. For judgment purposes, the economic return is the result of the savings that are expected to be generated with the execution of the contract according to the work proposal, deducting the price proposal, both presented by the bidder. Contract remuneration will vary according to the percentage of resource savings generated. The contract's impacts on the contracted party’s remuneration will be foreseen in cases in which the expected savings are not generated.

Best allocation of the sold assets

This criterion shall take into account the repercussion, in society, of the use that will be given to the divested asset, the disposal of which must be proven by the buyer. The non-fulfillment of the purpose will result in the immediate return of the asset to Petrobras’s asset collection. If the return is not possible, the buyer shall indemnify Petrobras for the assessed value of the asset, in addition to possible losses and damages.

Check of effectiveness

After ordering the bids pursuant to the judgment criterion set forth in the public notice, we check the effectiveness of the best-ranked bid, analyzing whether it adheres to the requirements set forth in the bidding document. The bid shall be disqualified if it:      
  • Features defects that cannot be solved;
  • Does not comply with the technical specifications described in the public notice;
  • Has prices that are manifestly impossible to practice; 
  • Is above the reference budget for hiring, after negotiation;
  • Cannot be demonstrated to be executable when Petrobras requests it;
  • Does not comply with other public notice requirements, unless it is possible to accommodate its terms prior to the award of the subject matter and without prejudice to the equal treatment of the other bidders.
Qualification parameters
Article 58 of Act 13,303/16 sets the qualification parameters that are used to assess whether or not a bidder is qualified to provide us with the good or service of interest. Such parameters are:      
  • Ability to assume the rights and obligations established in the public notice;
  • Technical qualification, restricted to portions of the technically or economically relevant subject matter;
  • Economic and financial capacity;
  • Collection of an amount as an advance, in bids that use the highest price offer as a judgment criterion. In this case, the technical qualification and economic and financial capacity requirements may be waived.
The parameters correspond, respectively, to the criteria evaluated in the Petrobras Supplier Register.

To be considered qualified, the bidder must prove compliance with these criteria by submitting documents. These may be total or partially replaced in whole or in part by the Registration Certificate or by the Pre-Qualification Registration, when compatible with the requirements for the subject matter of the contract, in accordance with the public notice. If the supplier is not registered, we can register them using the documentation submitted during the qualification stage.
Advance payment collection
In bidding procedures that use the highest price offer judgment criterion, we can define the proof of payment of the amount as collateral, limited to five percent of the minimum value of the sale, as a qualification requirement within the term set forth in the public notice. The winner will forfeit the amount on behalf of Petrobras if it fails to make the due payment within the specified period.
Risk matrix
The risk matrix is the contractual instrument that sets the risks and responsibilities between the parties. It characterizes the economic-financial balance of the contract in terms of the financial burden arising from events that may occur after hiring. Addenda for events registered in the risk matrix under the contractor’s responsibility will not be allowed.

The risk matrix must be included in contracts for engineering works and services under the following hiring regimes:
  • Semi-integrated: This involves the preparation and development of the executive project and other operations necessary for the final delivery of the object of the contract;
  • Integrated: This includes the preparation and development of the basic project, in addition to the executive one, and other operations necessary for the final delivery of the object of the contract.
The contractual clause that will define risks and responsibilities between the parties must contain at least the following information:

a) The list of possible unplanned events at the signature of the contract that may impact its economic-financial balance. The possible need for an addendum should be foreseen in case of such an event;

b) The precise determination of the fractions of the subject matter that contractors will be free to innovate in methodological or technological solutions for, in obligations of result, in terms of modifying the solutions previously outlined in the preliminary design or the basic project of the bid.

c) The precise establishment of the fractions of the subject matter in which contractors will not be free to innovate in methodological or technological solutions for, in medium obligations, and there must be an obligation of identity between the execution and the pre-defined solution in the preliminary design or basic project of the bid.
Integrity Due Diligence (DDI)
The analysis of the integrity risks to which we may be exposed when dealing with third parties are carried out through the application of the Integrity Due Diligence (DDI). It is one of the elements of our corporate integrity program, the Petrobras Program for the Prevention of Corruption.

The DDI subsidizes the analysis of the third-party integrity criterion, the result of which is expressed by the assignment of the Degree of Integrity Risk (GRI). It is represented by flags that indicate the GRI:
  • Green flag: Low GRI;
  • Yellow flag: Medium GRI;
  • Red flag: High GRI
If the bidders do not have an assigned GRI to them, they must, in the qualification phase, complete the  Integrity Due Diligence questionnaire electronically. The questionnaire should be submitted with the supporting documentation within the deadline for submitting the qualification documentation. Answering the DDI questionnaire and submitting the necessary documentation for evaluation will be conditions for the bidder’s qualification.

 

In cases where the DDI is completed and a high GRI is assigned in the course of the bidding process, we may disqualify the bidder. If we identify new facts or material facts regarding the supplier’s integrity risk, we may change the counterpart's GRI, which will be considered in the current bidding process.

As described in Art. 4, § 3 of the RLCP, companies with a high GRI will not be able to participate in hiring procedures, except in the following exceptional cases:
  • I - Inapplicability of the Bidding Procedure, provided for in Art. 28, § 3 of Act No. 13,303/2016;
  • II - Exemption of Bidding, in the hypotheses described in Art. 29, V, VIII, X, XI, XIII, XV, XVI, XVII, and XVIII of Act No. 13,303/2016;
  • III - Incompatibility of competition, duly demonstrated, in accordance with the Law and Regulation;
  • IV - Bidding for the disposal of assets.
The GRI is available for reference in the Evaluation Results and the Monitoring Panel, in the Petronect environment. To have access, you must be logged in.

To get to know the integrity criterion evaluation procedures, click here.
Need for pre-qualification
Bids may be restricted to suppliers or goods that have met all the requirements set forth in the auxiliary pre-qualification procedure. In such cases, the interested party who was not previously qualified by Petrobras will be prevented from participating in the bid.

The pre-qualification procedure is public and will be permanently open for any interested party to register. To learn more about the pre-qualification procedure, click here.




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