Brazilian Ports Update: Six port terminals in Northern Brazil to be granted for private operation

February 02, 2016

Infrastructure / Government, Contracts and Projects - Administrative Law

On January 22, 2016, the Brazilian Ports Ministry (SEP) and the National Waterway Transportation Agency (Antaq) initiated the bidding processes to grant the operation of six port terminals located in the State of Pará to private parties, comprising:

  • 3 areas for handling and storage of solid bulk of vegetal origin located in the Outeiro Terminal;
  • 2 areas for handling and storage of solid bulk of vegetal and mineral origin respectively, located in the Santarem Port;
  • 1 area for handling and storage of solid bulk of vegetal origin located in Vila do Conde Port, municipality of Barcarena.

The auction is scheduled to take place in BM&FBovespa, in March 31, 2016. Investments of R$ 1,766 billion are estimated, divided in: R$ 1,464 billion for construction work in the terminals and R$ 301,977 to Companhia Docas do Pará, corresponding to the revenue resulting from the leases. However, the grant value can be higher than the estimated grant amount, provided that the bidders will propose the grant payment and the highest bid will be the winner bidder selection criterion. The lease contracts will be valid for 25 years and may be renewed for additional 25 years, at the government’s sole discretion.

New rules. The bid documents authorize the grant to be paid in installments, upon 25% payment dueupon the contract execution and the remaining 75% in five installments to be paid throughout 5 years, updated by inflation based on the IPCA index. Furthermore, the Grace period for identification of hidden liabilities was extended from 180 to 360 days.

To access a copy of the bid documents, please click here: http://tozf.re/1ih.

Infrastructure Practice Group
Antonio Felix de Araujo Cintra
Partner - São Paulo
afcintra@tozzinifreire.com.br

Government, Contracts and Projects - Administrative Law Practice Group

Claudia Elena
Bonelli
Partner - São Paulo
cbonelli@tozzinifreire.com.br
Ana Cândida
de Mello Carvalho
Partner - São Paulo
amcarvalho@tozzinifreire.com.br

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