Audit court TCU delays decision on Port of Santos channel dredging tender

Brazil’s federal audit court TCU postponed until September 9 a vote on the tender for Port of Santos channel dredging, a project designed to deepen the navigation channel at Brazil’s largest port to 16 meters.

The decision was delayed during a session held on Wednesday, August 26. The tender has been challenged by DTA Engenharia, which is contesting the result of the bidding process won by Jan De Nul. Both companies took part in the tender.

Reporting judge Bruno Dantas asked that the Santos Port Authority, or APS, and Jan De Nul be heard again before the court reaches a final decision. APS and Jan De Nul have already signed a R$617.9 million contract for the works.

Dantas said he had initially voted to annul the entire tender process, starting with the tender notice.

“Considering that the flaws identified affect the substance of the judgment and the economic core of the tender, compromising the choice of the most advantageous proposal and legal certainty, in this reporting judge’s view, this would be a case for annulling the entire bidding process, from the tender notice through the subsequent stages,” he said.

Despite that position, Dantas accepted a suggestion from Minister Benjamin Zymler to allow the winning company and APS to present their arguments before a ruling. Dantas said that “although my current vote contains grounds for annulling the tender, a new vote will have to be presented after the statements are submitted and reviewed by the technical unit.”

Contract had been validated by federal court

APS President Anderson Pomini said the contract had already been validated by Brazil’s federal court system.

“The opening of the right to respond is now very important so that the Port of Santos can once again demonstrate the regularity of the tender, with validation of the contract and the start of the works,” Pomini said.

He added that deepening the navigation channel to 16 meters is a project the port has awaited for 20 years.

APS signed the R$617.9 million contract with Jan De Nul on June 12. The five-year agreement also includes two years of maintenance dredging.

The work order was expected to be signed on June 17, but that did not happen because a court injunction was granted to DTA Engenharia the day before. The company also filed a representation with TCU challenging the tender.

For now, APS has obtained judicial authorization to move ahead with the process, but the matter is still subject to appeals.

Another challenge under review

A separate case under review by TCU, with Minister Benjamin Zymler as reporting judge, concerns a representation filed by Etesco Construções e Comércio, the lead company in the Santos Dragagem consortium.

Etesco was disqualified from the tender held in 2025 and alleged irregularities in the bidding process. The company filed its representation with TCU last year and managed to halt the tender process twice in January.

In May, the court revoked that decision and allowed the tender to proceed. Etesco then requested reconsideration from TCU, and on August 5 a new decision again suspended the process.

The outcome of the Port of Santos channel dredging dispute is being closely watched because deeper draft conditions are considered essential for the port’s ability to handle larger vessels and improve operating efficiency.

Source: A Tribuna 

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