230615 NPA - Institutional Presentation.pdf

NPA Presentation

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Navarro Prado, Nefussi Mandel e Santos Silva Advogados has extensive experience in public law, with
focus on questions important to the infrastructure and defense & technology sectors, mainly
encompassing administrative and regulatory law matters.
Formed by professionals with diversified backgrounds, including, besides law, finance and engineering,
with broad experience in the public and private sectors, Navarro Prado Advogados stands apart for its
technical excellence, multidisciplinary vision and high standard of service.
Navarro Prado Advogados has offices in Brasília and São Paulo, to assure proximity with the main agents
in the public and private sectors, enabling it to meet clients’ needs with the necessary agility.

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Legal Assistance
Navarro Prado Advogadoshas extensive experience and provides outstand-
inglegal assistance to the private sector and public entities, with emphasis on:
regulation of public services, including tariff revisions;
reestablishment of the financial balance of administrative contracts (claims);
structuring and monitoring of infrastructure projects);
concession, public-private partnership, lease, rental and other forms of use of
public assets;
government contracts in the national defense sector;
corporate partnerships between private companies and governmental entities;
negotiation and recovery of credits held by or against governmental entities;
and
public tenders and administrative contracts in general.

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Administrative Litigation
Navarro Prado Advogados represents clients’ interests in administrative proceedings, especially with :
Ministries, State Secretaries and Public Companies –Federal, States e Municipalities;
Regulatory Agencies; and
Audit tribunals - at federal, state and municipal levels:
—Monitoring representations and complaints related to Bidding Documents, execution of concession contracts and
service provision contracts;
—Monitoring of concessions at Federal Audit Tribunal, such as, for example, public notices for port leasing and
inspections in the road and rail sectors;
—Monitoring of concessions at State’s Audit Tribunals, such as, for example, acting in processes of prior examination
of concession notices for basic sanitation services.

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Judicial Litigation
Navarro Prado Advogados represents clients’ interests
in judicial proceedings and arbitrations:
Judicial courts –at federal and state levels, focusing
on questions involving Public Regulatory and
Administrative Law; and
Arbitration chambers, highlighting conflicts involving
the Public Administration.

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Main Transportation Projects
Ports Railways
AirportsHighways
Legal modeling for concessions of port facilities:
Port of Santos, Port of São Sebastião, Port of
Salvador, Port of Aratuand Port of Ilhéus
Assistance in tenders for lease contracts in the
Ports of Santarém, Vitória, Cabedelo, Miramar, Vila
do Conde, São Luís and Santos;
Assistance in obtaining authorization for operation
of private terminal.
Legal modeling of port terminal leasing in Santos;
Judicial suspension of Res. 31/2019 -ANTAQ.
North-South Railway: assistance to foreign
company for the tender of the stretch between
Porto Nacional and Estrela D´Oeste;
Legal modeling of passenger trains (a) Campinas-
São Paulo and (b) Brasília-Goiânia;
Advice on right of way and mutual traffic, user-
dependent or investor, OFI/ATF and railway
authorizations;
Advice to large users in pulp, mining and liquids, in
negotiation or dispute with concessionaires.
Conduction of the multidisciplinary study aiming at
the enterprise restructuring of the Brazilian airports
administration state-owned company;;
Support to the implementation of a large airport
concession in Brazil –macro strategy, regulation,
organization design and business unit strategies;
Business planning for the implementation of a large
capacity airport in a Latin American metropolis.
Assistance in negotiation with the federal
government for implementation of a non-recourse
or limited recourse project finance structure;
Participation in the modeling of the project for
Highways BR-116 and BR-324 (Bahia);
Legal modeling of PPP projects for Highways BR-
163 (Mato Grosso and Pará) and BR-364 (Mato
Grosso and Goiás).

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Activities in the Ports Sector
Expertise in Advisory Law -Projects and Regulatory
Legal assistance in modeling the concessions of the Public Ports
of Santos and São Sebastião, as well as the Ports of Bahia
(CODEBA);
Strategic advice and participation in leasing bids in organized
ports – Santarém, Cabedelo, Vitória, Miramar/Belém, Vila do
Conde, Itaqui/São Luís and Santos;
Assistance in signing transition contracts, with the review of the
standard contract and support for negotiation with the local Port
Authority, ANTAQ and SEP for the inclusion of clauses not
originally contemplated;
Assistance in Expression of Interest Procedure processes for
legal modeling of port leases;
Advice and support for the negotiation of an early lease extension
with a current contract;
Advice on transfer of ownership and adaptation of TUP grant
processes (New Ports Law);
Advice on the use of SEP Ordinance No. 409 as an instrument to
enable the use of areas by fuel / gas distribution companies;
Development of legal opinions on relevant issues as a basis for
claims with the Granting Authority.
Practice in Litigation
Monitoring and defense in administrative
proceedings, in general -including sanctions -
before ANTAQ;
Judicial representation in discussions within the
scope of port leases, mainly bids for areas and
payments of indemnities;
Judicial suspension of port lease auction;
Judicial suspension of Resolution 31/2019 -
ANTAQ.

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Activities in the Railways Sector
Acting before the Ministry of Infrastructure and ANTT
Knowledge of the operation and organization and experience in negotiations with the Ministry of Transport
and the National Land Transport Agency – ANTT.
Expertise in Advisory Law -Projects and Regulatory
Assistance in obtaining authorizations for the construction of private railways;
Legal assistance in modeling the concession of the TIC –IntercidadesTrain, connecting São Paulo to
Campinas;
Advice on the structuring of the North-South Project (Northern Section) –administrative concession version;
Advice on the evaluation of the public notice OuroVerde de Goiás/GO -TrêsLagoas/MS (public consultation);
Advice on right of way/mutual traffic, User-Investor and Independent Railway Operator (OFI) / Railway
Transport Agent (ATF): structuring of a business model for large users, particularly in the pulp, mining and
liquids sectors;
Analysis of normative acts of the Ministry of Transport and ANTT involving the railway sector;
Analysis of the possibility of expropriation of areas around railway stations -concessionaire payment
instrument for investments made (passenger train project);
Analysis of the jurisprudence of the Federal Court of Auditors on the open access model and discussion with
potential investors;
Analysis and participation in discussions on the proposed guaranteemodel for payments due by VALEC in the
eventual implementation of the open access model;
Advice on the evaluation of the public notice Porto Nacional/TO –Estrela D’Oeste/SP, for the North-South
Railway (public consultation and preparation for entry into the bidding process).

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Investment Amount:R$ 4,5 billion
Object: Construction and operation of a
sewage system for the greater
metropolitan region of Recife and the
municipality of Goiana/ Pernambuco.
Main Projects in Water and Sewer Services
Investment Amount: R$ 1,6 billion
Object: Maintenance of the water supply
system and operation of the system for
dehydration, drying and final disposal of
sewage sludge.
Investment Amount: R$ 300 milion
Object: Expansion of the Taiaçupeba
water treatment station from 10 to 15
m3/s, maintenance of civil and
electromechanical works and final
disposal of sludge.
PPP Compesa
(PE)
PPP São Lourenço
(SP)
PPP Alto Tietê
(SP)
Water and sewer
concession in the city
of São Paulo
Partnership between
SABESP and Fozdo
Brasil–Aquapolo
Industrial Project
Asset leases
Privatization State of
Sergipe
Investment Amount: R$ 16,9 billion
Object:Treated water supply and
sewage treatment for the city of São
Paulo.
.
Investment Amount: R$ 251 million
Object: Treatment of water for
industrial reuse.
Water production –Franca
Investment Amount: R$ 154 million
Sewage system –Campos do Jordão
Investment Amount: R$ 114 million
Investment Amount: R$6 billion
Object: Development of legal modeling
for the privatization of water and
sewage services (in progress)

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Tariff Regulation in the Water and Sewer Sector
Tariff Regulation
Municipality of Mairinque (SP)
Legal assistance to the utility
company in the tariff revision
process.
Municipality of Santa Gertrudes (SP)
Legal assistance to the utility
company in the tariff revision
process.
Municipality of Uruguaiana(RS)
Legal assistance to the utility
company in negotiating contractual
amendments.
Institutional Support in the
Water and Sewer Sector
Republic of Angola
Review and presentation of input for
draft regulations on use of water
resources and water and sewer
services.
Sanitation Committee of the
Brazilian Association of
Infrastructure and Base Industries
(ABDIB)
Support to the Committee in
strategic legal issues related to the
water and sewer sector.

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Main Projects in other Infrastructure Sectors
Urban Mobility
PMI Bus Station of Plano Piloto-DF
Tariff review -Metro Line 4 -RJ;
Solid Waste
Elaboration of Urban Solid
Waste Project Structuring
Guide (PPI, CAIXA e IADB)
Preparation of a study to
enable cooperation through a
new contract and use of the
existing PPP agreement for
provision of waste disposal
services to a group of
municipalities.
Irrigation
Assistance in modeling the PontalPPP Project;
Assistance in modeling the Baixiodo IrecêPPP Project;
Assistance for restructuring of the NiloCoelho Irrigation District.
Public Lighting
Elaboration of Public Lighting Projects Structuring Guide (PPI,
CAIXA e World Bank)
Assistance in contractual questions involving the PPP (public-
private partnership) agreement with the city of São João do
Meriti;
Assistance in setting up the CaragualuzConsortium and EPC
subcontracting;
Study of PPP project in the city of São Paulo for public lighting
services for a client.
Combined Urban Operation
Preparation of legal studies to model the execution of a
“combined urban operation” along with a PPP for provision of
public services in the city of Niterói(Rio de Janeiro);
Assistance in drafting the invitation to bid to contract urban
studies for construction of the Salvador-ItaparicaBridge.

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Main Engineering and Construction Projects
Consulting
Private contracts
Assistance in drafting an EPC agreement between a public lighting concessionaire
and provider of engineering services;
Public contracts
Assistance to the Air Force Technology Institute (ITA) to model the process of
contracting an engineering company to construct a building on its campus, through
the Differentiated Contracting Regime (RDC);
Assistance to a consortium of construction companies to negotiate a contract to
build the PalácioRio Madeira (Rondônia State Government Building), andmonitoring
the performance of the contract.
Regulation
Support in preparation of technical, economic-financial and environmental feasibility
studies, to model the lease of port areas.

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Main Projects in Defense and Technology
Consulting
PPP for maintenance of
military aircraft
Missiles (A-Darter and
MAR-1)
Nuclear technology
Development/appropriation
of technology in the defense
sector
Legal framework for public
contracting in the defense
sector
Assistance in business modeling (perspective for a
“procedure for manifestation of interest”, or PMI, by the
federal government).
Legal assistance to the supplier contracted by the Brazilian
Air Force in processes for contractual renovation/revision
and financial rebalancing.
Study for an important player in the sector in Brazil of the
risks of civil liability from nuclear activities for military
purposes.
Study of the offset rules applicable in Brazil to the armed
forces;
Study of the perspectives and main challenges for using
nonprofit entities in the development of military technology.
Study of Federal Law 12.598/12.

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2023
[email protected]
Institutional Presentation
www.navarroprado.com.br

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Lucas Navarro
Prado
He is a specialist in public tenders and administrative contracts, concessions,
public-private partnerships, regulation and competition, with experience
providing consultation to national and international companies involved in
infrastructure projects in Brazil.
He holds a law degree from the University of São Paulo (USP) Law School and
postgraduate specialization in finance from FIA/USP. He is the co-author of
the books “Comentáriosà Lei de PPP” (together with MaurícioPortugal
Ribeiro) and “Regime Diferenciadode Contratação” (together with Maurício
Portugal Ribeiro and Mário Engler Pinto Jr.), as well as of various articles
related to infrastructure, and has participated extensively in courses and
presentations on private investments in infrastructure.
He served as a member of the board of directors of CompanhiaDistribuidora
de Gásdo Rio de Janeiro (2006-2007) and of Companhiade Serviços de
Saneamentode Mogi Mirim(2009-2010), as a legal advisor for the Public-
Private Partnership Unit of the federal government (2005-2007), deputy for
legal affairs to the presidency of SABESP (2008) and chief counsel of SABESP
(2009-2010). Currently, Mr. Prado is also an independent member of the Board
of Directors (2017-2020) and the Auditee Committee (2017-2019) of SABESP.
He has also worked on several projects as a consultant for the World Bank
and the Inter-American Development Bank.

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Eber Luciano
Santos Silva
Holds multidisciplinary experience, having worked during his professional
career in relevant fields for business structuring in infrastructure: civil
engineering projects, corporate finance and management consulting, serving
both the public and private sector, in Brazil and abroad.
Bachelor of Laws and Civil Engineering from Universidade de São Paulo (USP)
and Master in Economics and Finance from Escola de Economia de São
Paulo, of Fundação Getúlio Vargas (FGV), with an MBA exchange at the
Kenan-Flagler Business School at the University of North Carolina at Chapel
Hill, with a concentration in Corporate Finance.
Eber was an Associate Principal at São Paulo’s McKinsey office (2007-2014),
where he have worked for seven years, mostly in infrastructure sector
projects, Finance Specialist at Banco Itaú (2000-2006), where he have worked
for six years in mergers & acquisitions and structured finance projects, and
Projects Engineer at the Brazilian Portland Cement Association.

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Denise Nefussi
Mandel
She holds a law degree from Pontifical Catholic University of (PUC-SP) Law
School and has postgraduate specialization in administrative-economic law
from GetulioVargas Foundation (FGV). She has extensive experience in
judicial and administrative litigation, having represented clients in cases with
national repercussion, such as discussion of the tariff revision method of
SABESP (still ongoing) and transfer of control of Comgás.
She was institutional superintendent and head of legal affairs of the São Paulo
State Sanitation and Energy Regulatory Agency, where she managed various
cooperative working arrangements among municipalities in the state,
coordinated the customer response center and participated in revision of the
Agency’s organizational structure.
During her career with law firms, she has advised clients regarding
participation in tenders for work on the subway and ring road system in São
Paulo and monitored the execution of contracts in the areas of urban mobility
and highways, sanitation, port leases, among others.