Brazil holds public consultation and hearing on concession of Port of Santos access channel

On March 10, 2026, the Brazilian Waterway Transportation Agency (ANTAQ) issued a notice regarding a consultation and hearing to gather public input and suggestions on improving technical and legal documents related to the bidding process for a concession for the Port of Santos (Porto Organizado de Santos) waterway access channel.

Located in the state of São Paulo, the access channel to the Port of Santos is currently 25km long and can handle ships up to 336m in length, 46m in beam, and 13.5m in draft. These dimensions decrease as the channel approaches the mainland.

Maintaining and deepening the access channel is among the concession’s objectives. This would include carrying out dredging operations and services, conducting bathymetric surveys, installing and maintaining navigation aids, implementing and managing the Vessel Traffic Management Information System (VTMIS), overseeing vessel traffic, and managing environmental conditions in the channel, in accordance with the investments and goals outlined in the concession agreement.

The key points of ANTAQ’s draft notice and concession contract are outlined below:

• Bidding criteria – Proposals must include a discount on the pre-auction reference rate (limited to a maximum of 5.8%) and the concession fee. Once the maximum discount has been reached during the bidding phase, bidders will begin submitting bids on the concession fee.
• Technical qualifications – The bidder or at least one member of the consortium must demonstrate experience in dredging services (through one or more certificates). This experience should involve using equipment such as Self-Propelled Suction and Traction Dredgers (TSHD) and Mechanical Dredgers, with the removal of at least 3,629,495.60m³ of material. Additionally, a professional holding a technical responsibility certificate for carrying out the same volume of dredging services must be on staff.
• Charges – The concessionaire must pay the concession fee due at the time of the bid to formalize the contract, as well as make an annual BRL 200 million fixed contribution and an annual variable contribution equivalent to 23.03% of the port administration’s total gross revenue.
• Remuneration – The concessionaire will be remunerated via port fees from users of the access channel (subject to the maximum rate set by ANTAQ), as well as through non-tariff revenues derived from other activities not subject to fee collection.
• Revenues – Tariff and non-tariff revenues are estimated at BRL 23,453,447,998.60.
• Concession term – 25 years, effective from the date of assumption.
• Basic Implementation Plan (BIP) – As a condition of signing the contract, the concessionaire must submit a Basic Implementation Plan (BIP) covering all works, services, actions, and investments required to achieve the objective established in the contract.

The timeframe for submitting contributions on the bidding documents runs from March 17 to May 2, 2026. The date for the public hearing has yet to be announced.

For more information on this topic, please contact Mattos Filho’s Infrastructure & Energy practice area.