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Privatizations, Bids and Public Concessions

Counsel on negotiation and renegotiation of public services concession agreements (including public water services and commuter passenger railways) and strategies regarding concessions' performance, including administrative law proceedings and regulatory aspects and appeals or negotiation with the Enforcement Agencies;

Submission of tenders in privatization procedures, review of legal and technical requirements, objections, legal recourses, agreements' negotiation, take-over, legal organization of managing structures and investment and participation agreements.

– Counsel to AirTouch Communications, Inc. in the preparation of the offer in the Personal Communication Services (PCS) Bid for Area II (Buenos Aires Region): Advised on the bargaining and drafting of joint venture agreement for the creation of a consortium with Techint to participate in the bid; provided legal advise on telecommunications regulations and Bidding Rules; drafted and submitted before the Communications Secretary questionnaires for clarification of Bidding Rules and suggested and obtained amendments thereto; advised on the preparation of documentation required to comply with Bid requirements. Constitution of the bidding corporation and counseling in all the legal aspects up to the filing of the technical and economic proposal in a public auction.        

– Counsel to Dycasa - Jan de Nul - Bouygues Joint Venture for the international bid to build, maintain and exploit the interstate highway and bridge over Paraná River (connection Rosario-Victoria).

– Legal advice to Compagnie Générale des Eaux (Vivendi), preawardee, with other parties, of the Concession for the Waters and Sewage System of the Tucumán Province, referred to the Consortium Structures, the formation of the concessionaire venture company, the key aspects of the award procedure and the organization for the performance of the commitments under such public bidding. Renegotiation of contract and, at present, continuing legal assistance in international arbitration and local litigation including arbitration under Bilateral Investment Protection Treaties and concessions, regarding a substantial conflict confronting Vivendi against the Government of Argentina, involving jurisdictional issues between the provincial, the national and the international levels. Recently obtained for the benefit of Vivendi the annulment award by an ICSID tribunal (the fourth in ICSID’s 35 years of existence) granting the effective exercise of the protection rights under such Treaty to the French investor and the local subsidiary.

– Legal advice to the leader -Belgian dredging company Jan de Nul N.V.- of Consorcio Hidrovías, preawardee of the Public Work Concession of toll for the modernization, expansion, operation and maintenance of the system of signals and works for the redredging and maintenance of the trunk waterway of Río Paraná, referred to the Consortium's structures and evaluation of commitments and responsibilities of the concession holding company and key aspects to be considered for the concession contract. The legal advice comprises assistance to the Consortium during all the negotiation stages with the Enforcement Authority, determination of all applicable legal frameworks and of the feasible structures for the handling of the concession, proper distribution of risks and work financing.

– Counsel to Morrison Knudsen Corporation and Burlington Northern Railroad Co. operators and members of the awardee consortium in the National and International Public Bids for the Concession of the Railroad Passengers Service Exploitation -on surface and subways- of the Metropolitan Area of Buenos Aires, Groups Mitre, Sarmiento, Urquiza and the entire subway network of the City of Buenos Aires and concessionaire companies Trenes de Buenos Aires and Metrovías, including the bidding, award, negotiation of the concession contract, regulatory operation aspects, investment agreements, services contracts, etc. until the transfer to local investors.    

– Our firm acted as local counsel for the Agents and Lenders (ING Bank, Banco Río, Banco Shaw and Banco del Sud) of a credit facility to SEI y Asociados de Argentina S.A. (Southern Electric) of U$S 136 mm to purchase the Alicura Dam under the Hidroelectrica Norpatagonica S.A. (HIDRONOR) privatization procedures.

– Under the same privatization procedure we have acted as legal counsel for ING Bank to submit to the Argentine Government U$S 129 mm nominal value of Argentine internal and external debt within the debt to equity scheme.       

– Counsel to NRG Energy Inc. on the bidding for the San Nicolás Generator Plant.          

– Counsel to Groupe Lyonnaise des Eaux - Dumez on the international project for the building and operation of the road network Sao Paolo - Porto Alegre - Montevideo - Buenos Aires and an international bridge over the Río de la Plata river, pursuant to a project of a call for bidding for the consultants to be appointed by the three countries involved in order to define the feasibility and bidding conditions of such project.

– Legal advice to Ansaldo Argentina S.A. and Ansaldo S.P.A. on legal aspects of financing structures for the supply of turbines –including the supply of 10 turbines and generators for the Yacyretá project, a hydroelectrical power plant on the Paraná River, pursuant to the corresponding international bidding.

– Counsel to BCE Telecom International, and preparation of all the legal aspects of the Offer, including the preparation of formal consultations to the National Telecommunications Commission (Comisión Nacional de Telecomunicaciones) for the issuance of circular letters clarifying the Bidding Conditions, with respect to the international public bidding for the provision of mobile telephone services in the Argentine Republic. The assistance included the definition of all the key aspects of the regulatory framework and their interaction with the regulations applicable to the licensees of the basic telephone services system, as well as of the terms of their respective licenses. 

– Counsel to Ansaldo Argentina S.A. on the negotiation with the Government on the procedures to be adopted in the bidding conditions of the Costanera Generator Plant, for the transfer of the agreements for the revamping of the same.

– Legal assistance for Fluor Daniel for the YPF bids for consulting and engineering for the international oil pipeline Puesto Hernández – Concepción (Argentina / Chile), and three oil pipelines within Argentina and, once awarded, the negotiation of the agreements.         

– One of the senior partners of the law firm, presented the legal aspects of the bidding conditions for the oil & gas Argentine Exploration Program in the Seminar organized in behalf of the Secretariat for Hydrocarbons and Mines of the Government of the Argentine Republic for Intera Information Technologies -Exploration Division- and Cullen, Valdez Rojas y Asociados S.A. on the "Argentina Plan 1992". He took over the development and explanation on the oil exploration legal framework and its tax regime at the lectures held on March 24, 1992 in Houston, Texas, United States of America and on March 18, 1992 in London, United Kingdom, made for informing the potential bidders of the bidding terms, and answer to consultations made to the authorities on the same.

– Counsel to Iberdrola I S.A., with respect to the bid for the privatization of Central Térmica Alto Valle in the Province of Neuquén, including the submission of the offer.            

– Counsel to Utilicorp United Inc. with respect to the international public bid for the privatization of SEGBA as regards the distribution of electric power in the City of Buenos Aires and Greater Buenos Aires. Said assistance included the analysis of the deregulation general framework of the generation, transportation and distribution of electric power, negotiation and drafting of the corresponding agreements between the bidders and in general, aspects related to the requirements raised in the bidding conditions for the submission of offers.

– Counsel to the consortium composed by the NMB Postbank Groep N.V. -Thyssen-Clarkson in the Bid Nr. 14-19116-91, for the selection of the financial advisor to assist Yacimientos Petrolíferos Fiscales S.A. (YPF) in the organization and development of a process of Public Bid for the sale of YPF's fleet.

– Counsel to the NMB Postbank Groep N.V. in the National and International Public Bid for the concession of the whole Sector of the national railways network composing the General San Martín Line and the remainder of Domingo F. Sarmiento Line, excluding its urban sections.                

– Counsel to the NMB Postbank Groep N.V. in the financial engineering for the privatization of Polisur S.M.'s stock. The work was developed between February and July, 1991 and ended with the granting to the purchaser of the shares, of the necessary loans for the payment of their price.

– Counsel to Williams Brothers Engineering Co. in the bid for Consultancy and Technical Assistance Services for Yacimientos Petrolíferos Fiscales S.A. on the association by it with oil companies (Competitive Bidding 14-9092), within areas of Yacimiento del Norte. Our Law Firm participated in the coordination of the preparation of the offer, its submission and in the follow-up of the subsequent processes with respect to YPF.    

– Counsel to Club Mediterranée during the process of the International Public Bid Nr. 16/86 which purpose was the concession of the exploitation of Llao-Llao Hotel. Club Mediterranée was the awardee of the concession. The services rendered by our Law Firm comprised the preparation and submission of the offer and the follow-up of the subsequent processes with respect to Administración de Parques Nacionales (Bureau of National Parks). In addition, the works comprehended the preparation of the concession contract and, finally, the preparation of the instruments necessary to formalize the advanced termination of said contract.

– Counsel to Guy F. Atkinson Co., leader of Consorcio Constructores Hidroelectricos Aguila, for the International Public Bid for the Hydroelectrical Exploitation of Piedra del Aguila, Contract 730, civil works of the dam. Revision of the bidding conditions and of the terms and conditions of the bid, advice in connection with the consortium's partners, matters on administrative, tax, labor and corporate law, proceedings with respect to Hidronor during the three years that lasted the process.         

– Counsel to Aeroservice Logistic S.A. in the submission of the offer in Yacimientos Petrolíferos Fiscales Bid -Limited Bid Nr. 41,025/83-for the Air Support Service to the Platform General Enrique Mosconi, through the use of helicopters.

– Counsel to Guy F. Atkinson Co., member of the Consortium leaded by Morrison Knudsen Corporation in the International Public Bid of the Binational Entity Yacyretá for the main Civil Works of Yacyretá dam (Contract Y-C1). This Law Firm was in charge of the revision of the Bidding Conditions and of the terms and conditions of the bid, as well as counseling support in questions of tax, exchange, customs, labor, commercial and administrative law.

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Abeledo Gottheil Abogados