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First round of projects under the Investment Partnerships Program (PPI) expected this month

In a difficult year for the infrastructure sector, in which public and private investment is expected to record, according to ABDIB data, its lowest level since 2009, the market is awaiting the first projects of the Federal Government’s Investment Partnerships Program (PPI) with great anticipation and a degree of skepticism.

The first round of projects is expected this month, with the release of the auction notices for the airports of Porto Alegre (RS), Salvador (BA), Florianópolis (SC) and Fortaleza (CE). Together, these airports currently handle 11.6% of passengers and 12.6% of cargo in Brazilian air traffic, and the respective concessions provide for investments of around BRL 6.5 billion. The combined minimum concession fee should be BRL 2.9 billion.

On the 30th, ANAC submitted to public hearing the items of the draft tender notice, contract and annexes that were changed after the end of the previous public hearing, held in May and June this year.

In addition to some regulatory changes, such as the requirement for prior approval of works giving rise to rebalancing, changes to the percentages and maximum limits of fines for non-payment of fixed and variable contributions, and an objective process for setting penalties for contractual breaches, innovations resulting from government policy were introduced. The following deserve particular mention:

  • Change of the bid evaluation criterion in the auction to the highest Initial Fixed Contribution offered, with concessionaires required to pay 25% of the minimum Fixed Contribution, plus any premium offered in the tender, on the date the contract is signed;
  • Obligation to pay Infraero for the cost of workforce adjustment programs;
  • Removal of the restriction on participation by shareholders of existing federal airport concessions in the geographic regions covered by the upcoming auctions;
  • Obligation to guarantee employment, until December 31, 2020, to Infraero employees permanently transferred to the Concessionaire;
  • The entry into operation of the new runway at Salvador Airport will be linked only to the investment trigger, disregarding the deadline previously set;
  • Obligation of the Concessionaire to carry out the expropriations necessary to extend the runway at Porto Alegre Airport.

Contributions from interested parties on the latest changes to the draft tender notice, contract and annexes must be submitted to ANAC by the 7th (Monday).

Giamundo Advogados
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