Accounting Consultancy Must Oversee Legal Actions Involving the State-Owned Company and Issue Reports on Productivity and Possible Financial Losses
The accounting consultancy firm OTZ Engenharia and Petrobras signed a contract worth exactly R$ 11,898,733.53 for the provision of legal process analysis services in which the state-owned company is a party. The objective is to prepare reports on the productivity and possible financial losses of the oil company, pointing out errors in calculation memorials, taxes, and charges in the processes.
The contract between OTZ Engenharia and Petrobras, through the Executive Management of Surface Systems, Refining, Gas, and Energy, linked to the Production Development Board, started in early May and will last until April 2027. During this period, consultancy will be available to the state-owned company, with a pre-established agreement between the parties for the conclusion of each process.
Upon presentation of a demand by Petrobras, OTZ Engenharia will have 5 days to familiarize itself with the process, up to 10 days for calculations, and 20 days to issue technical opinions (reports) on productivity loss, as well as analyses of service timeline delays.
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Petrobras will have the freedom to request various activities simultaneously, requiring the contracted accounting consultancy to seek a planning of activities to adequately size its internal resources and meet the deadlines for each demand. Additionally, OTZ Engenharia must maintain confidentiality regarding data, technical and commercial information, and other proprietary information of the state-owned company.
Petrobras believes that its risk across the Judiciary is R$ 217 billion. Of this total, the state-owned company sees probable losses of R$ 1.7 billion and a potential loss of R$ 131 billion. Click here for technical details of the agreement and the descriptive memorial between Petrobras and OTZ Engenharia.
The Agreement in Practice
The technicians from OTZ Engenharia will conduct field visits at the projects owned by Petrobras to better understand the requests made by the state-owned company. Thus, the justification for the preparation of each item should be indicated and the intended objective with its formulation, substantiating a specific claim.
The consultancy must prepare regular or supplementary technical items, using clear and objective language, to equip the experts of the courts where the legal processes involving Petrobras are being processed, pointing out weaknesses of the opposing party.
Petrobras Requires That Activities Performed by OTZ Engenharia Be Carried Out by Teams with Experience in Legal Processes
The contract stipulates that OTZ must always size a team of experienced professionals to address all requests made by Petrobras concerning technical engineering and accounting assistance.
Due to the complexity of the services, the agreement provides that it is essential for leadership to have at least 5 years of proven experience in technical engineering and accounting assistance, analytical budgeting (which details the unit price of labor, materials, contracting, funds, and equipment), issuing technical opinions on productivity loss and analyses of delays in the schedule.
The professional acting as the lead engineering assistant must have participated for at least 5 years in arbitration or judicial disputes as a technical engineering assistant for one of the parties; as a technical assistant to the engineering expert, or as a designated engineering expert in at least 4 arbitration or judicial processes involving industrial or infrastructure works totaling over R$ 50,000,000.00.
The professional acting as the lead accounting assistant must have experience as an expert or technical assistant or arbitrator in at least arbitration or judicial processes also involving industrial or infrastructure works with values exceeding R$ 50,000,000.00 for each process.
It is worth noting that Petrobras may not require OTZ Engenharia to execute all the services described in the contract. The contracted consultancy will not be paid if any service is performed without the request from the state-owned company.

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