During a recent public hearing, the National Agency for Water Transportation (ANTAQ) announced the draft notices and lease agreements for the upcoming tender relating to the exploration of port areas and the development of infrastructure in the organised ports of Santos (Sao Paulo State Port Authority) and Belem, Santarem, Vila do Conde and Outeiro and Miramar terminals (Para Port Authority).

ANTAQ has stated that bidding will be in the form of an auction, in line with the differentiated procurement regime established by Law 12.462/2011. In the first round, 31 areas divided into 10 lots will be auctioned off.

Public consultation closed on September 6 2013 and publication of the call notice for bids is expected to start on October 25 2013. Bidding companies should submit their bids in closed envelopes. There will then be a live auction and a subsequent qualification phase.

Brazilian and foreign legal entities can take part in the auction either individually or in consortia. The choice of winning bidder will be based on the contractor with the greatest handling capacity and the lowest rate for each service package.

Lease agreements will be entered into with the Division of Ports and contract terms will vary in relation to the lot offered – ranging from three years to 25 years.

The contract terms were defined in accordance with the investment that the contractor will have to make in the facilities.

For further information on this topic please contact Godofredo Mendes Vianna at Law Offices Carl Kincaid by telephone (+55 21 2276 6200), fax (+55 21 2253 4259) or email ([email protected]).

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