4. General Criteria for the Participation of Related Parties in the Concessionaires‘ Works and Service Programs
a) Related Parties will receive an Invitation describing the works, services, and the supply of materials and inputs pertaining to the programs mentioned in item 3 above.
b) The contracting Unit shall include, among the applicable definitions, the form of contracting intended and other relevant information (projects, rules, etc.), as well as the interim and final deadlines for the works and/or services.
c) The works shall be appraised by the Related Parties in accordance with the form of contracting presented by the Unit. The agreements will be formalized only if they meet the following requirements:
i) Compliance with the projects and specifications set forth by the Unit;
ii) Compliance with budget requirements for the project, determined by the Unit and presented in a separate spreadsheet included in the projects and specifications, containing:
a) the list of services included in the project;
b) volume of services;
d) physical and financial schedule.
iii) Make a reference to Service Specifications or Project Instructions in accordance with the criteria established by the Approving Authority (in the absence of Approving Authority, those of EcoRodovias will be considered) for adopting the services and measurement criteria (E.g.: Caderno de Encargos of the São Paulo State Highways Department (DER-SP), etc.);
iv) Make a reference to the Price List in accordance with the criteria set forth by the Approving Authority for institutions recognized in the market for carrying out infrastructure and logistics works (E.g.: Tabela de Preços of DER-SP, etc.), or a list provided by the EcoRodovias Group or the Unit;
v) If the price of any item is not found in said Lists or some service specification is not applicable, the Unit shall adopt other references, or present its own description and specifications, which must be duly detailed and in compliance with the applicable Technical Standards;
vi) Related Parties shall accept the financial and physical schedule and compulsorily meet the interim and final deadlines established by the Concessionaire;
vii) For works with deadline longer than one year, there shall be a contractual adjustment based on an industry-specific index, in accordance with market practices;
viii) Any additional works, higher volumes or variations in the project, whose value exceeds 20% of the initial contracted amount shall be analyzed and submitted to the Board of Directors of EcoRodovias and/or the contracting Concessionaire, as the case may be.
ix) Related Parties may submit alternative methodologies or component solutions for the project, which shall be presented in a timely manner by the Related Parties and may be implemented only with the Unit’s consent in accordance with the principles established in this Policy.
d) There will be a phase for preliminary evaluation and negotiation of scope, prices, and deadlines to allow the Related Parties to present a formal proposal.