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APS authorizes deepening of the Port of Santos channel to 16m after TRF overturns injunction; understand

Dredging works will be carried out by the company Jan de Nul do Brasil Dragagem Ltda in the Port of Santos Santos Port Authority The Santos Port Authority (APS) authorized the start of works contracted for R$ 617.9...

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APS authorizes deepening of the Port of Santos channel to 16m after TRF overturns injunction; understand
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Dredging works will be carried out by the company Jan de Nul do Brasil Dragagem Ltda in the Port of Santos Santos Port Authority The Santos Port Authority (APS) authorized the start of works contracted for R$ 617.9 million to deepen the Port of Santos channel from 15 to 16 meters. The service order was issued after the decision of the Federal Regional Court of the 3rd Region (TRF3), which suspended the injunction prohibiting the hiring. The works will be carried out by the company Jan de Nul do Brasil Dragagem Ltda, whose contract was signed on June 12th. With the service order, the company will begin studies and licensing of works. The deadline for completing this stage is 21 months. ?Click here to follow the g1 Santos channel on WhatsApp. The contracting had been suspended on June 16 at the request of DTA Engenharia, which also competed in the competition. The company alleged signs of unenforceability, with discounts considered excessive on some items and a possible “spreadsheet game” in the notice. ?Contractual unenforceability is the condition of a task or price proposal that is considered impractical or impossible to carry out. The DTA said that Jan de Nul's proposal was accepted by the APS without an individualized technical response. The DTA had requested the disqualification of Jan de Nul. However, the 1st Federal Court of Santos partially accepted the competitor's request, ordering the suspension of the bidding process until the final judgment of the action.

Jan de Nul and APS, however, appealed to the TRF3 and annulled the DTA's writ of mandamus. Last Wednesday (15), the Court overturned the injunction and authorized the continuation of hiring and execution of the contract. The decision was signed by federal judge Wilson Zauhy, who took into account that the contact with the winning company had already been signed before the first decision, which could cause relevant impacts on the public interest. According to the judge, there is no summary demonstration of illegality. After the measure was revoked, the service order was issued on Friday (17). Dredging APS signed the contract with Jan de Nul, worth R$617.9 million, on June 12th. Effective for five years, the agreement also includes two years of maintenance dredging. The service order would be signed on June 17, which did not happen due to the injunction. The work is considered strategic by the port administration as it allows the operation of larger vessels with full load and less dependence on tidal conditions. VIDEOS: g1 in 1 minute Santos

Source: G1

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