Today, September 16, the Board of the Investment Partnership
Plan (the "Plan") published its Resolution No. 5, setting
out general guidelines to the concession of the operation and
exploration of four international airports, located in the cities
of Florianópolis, Fortaleza, Porto Alegre and Salvador.
The Resolution is the first normative act of the Board that
contains specific rules regarding the concessions included in the
Plan, which may provide some insights about general guidelines that
may be adopted in other infrastructure areas.
Among the published guidelines, we highlight the following:
Modality and selection criteria: The
adopted modality is the simultaneous auctions to be held in a
public session. The proposals′ selection criteria will be the
"highest offered Initial Fixed Contributio " (which is
defined below in item "Payment of the Offered
Restrictions to Competition: Airports
located in the same "geographical area" should be granted
to competitors of different economic groups;
The requests for proposals will
further detail such concept. The Resolution also sets forth that
the Civil Aviation Agency - ANAC (or Agência Nacional de
Aviação Civil) may establish other restrictions
related to regulatory and competition matters for the participation
in the public tenders;
Mandatory Participation of the
Airport Operator in the Consortium: The airport operator must hold
at least 15% of the bidding consortium′s equity;
Airport Operator′s Previous
Experience: The airport operator must evidence its previous
passenger transport experience, within the last five years, of, at
least 9 million passengers/year in Salvador, 9 million
passengers/year in Porto Alegre, 7 million passengers/year in
Fortaleza and 4 million passengers/year in
Minimum Bid: The minimum amount of
the Fixed Contribution to the System will be determined based on
the amount resulting from the Technical, Economic and Environmental
Feasibility Studies (Estudos de Viabilidade Técnica,
Econômica e Ambiental - EVTEA);
Payment of the Offered Amount: The
awarded consortium shall pay, at the moment of signing the
concession contract, an amount called "Initial Fixed
Contribution" which corresponds to: (a) 25% of the minimum
amount determined for the Fixed Contribution to the System (as
provided for in the above item " Minimum Bid "), in
addition to (b) the total premium offered, if any;
The advanced payment of the premium
(which means, at the time the contract gets signed) is an
innovation that should be adopted in bids for other enterprises
provided in the schedule of the Plan.
Concession Terms and Conditions
Concession period: 25 years for Porto
Alegre airport, and 30 years to the other airports;
Annual Fixed Contribution: During the
concession period, the concessionaire will pay an "Annual
Fixed Contribution", that corresponds to 75% of the minimum
amount of the Fixed Contribution to the System (as provided in the
above item "Minimum Bid");
During the first five years of
concession, the concessionaire will be exempted from such payment.
As of the sixth year, the Annual Fixed Contribution will increase
progressively each year, from 20% of the minimum amount of the
Fixed Contribution, until reaching 100% from the tenth year until
the end of the concession period;
Payment of Annual Variable
Contribution: The concessionaire shall also pay a Variable
Contribution to the System, that corresponds to 5% of the
concessionaire′s total gross revenue and of its wholly owned
subsidiaries, if any;
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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