Abeledo Gottheil supports its clients in all the stages of the bidding processes or public tenders in which they participate, offering strategic advice in the analysis of the bidding conditions, submission of offers and objections. Likewise, the Firm gives advice in the negotiation and renegotiation of concession contracts of public utilities (including waterways, ports, highways, water utilities and commuter passenger services, among others), as well as in regulatory and concession compliance audits.
The Firm’s expertise includes also advice for the obtention of permits or concessions, projects of public-private partnerships (PPP), projects of infrastructure and public works, among others.
Abeledo Gottheil was pioneer in the 90’s in counseling for the submission of tenders in privatization processes, review of legal and technical requirements, negotiation of agreements, take-over, legal organization of management structures and investment and participation agreements. At present, the Firm continues giving advice to clients on bids, public concessions and PPP contracts.
Our team of professionals gives advice also on the filing of administrative appeals before public agencies, litigation appeals and processes pending before Courts, precautionary measures, as well as actions for the protection of constitutional rights. Likewise, the Firm’s experience is well-recognized regarding investment Arbitration.
Relevant experience
- Investment arbitration before the ICSID, in the case captioned “Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic”, referred to the claim triggered by the government’s termination of the water service concession of the Province of Tucumán.
- Investment arbitration before the ICSID, in the case captioned “Total S.A. v. Argentine Republic”, referred to the claim triggered by the impact of the governmental measures adopted in detriment of Total S.A.’s direct investments.
- 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 the agreement for the creation of a joint venture with Techint to participate in the bid; provided legal advice on telecommunications regulations and Bidding Rules;
- Legal advice 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 Province of Tucumán, 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.
- Legal advice to Jan de Nul N.V.- leader 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.
- Local counsel for the Agents and Lenders (ING Bank, Banco Río, Banco Shaw and Banco del Sud) to grant 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.
- 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, which at present is subject to 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 SPA and Ansaldo Argentina S.A. for the supply of turbines and generators for the Yacyretá project, a hydroelectric 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.
- 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.
- Legal advice 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 thereof.
- Legal advice to Iberdrola I S.A., with respect to the bid for the privatization of Alto Valle Thermal Power Plant 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 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. (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 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. The services rendered by our Law Firm comprised the preparation and submission of the offer and follow-up of the subsequent processes with respect to Administración de Parques Nacionales (Bureau of National Parks).
- Counsel to Guy F. Atkinson Co., leader of Consorcio Constructores Hidroelectricos Aguila, for the International Public Bid for the Hydroelectric Exploitation of Piedra del Aguila, Contract 730, civil works of the dam.
- Counsel to Aeroservice Logistic S.A. in the submission of the offer for the Air Support Service to the Platform General Enrique Mosconi, YPF, through the use of helicopters.
- Counsel to Guy F. Atkinson Co., member of the Consortium led 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).
- Counsel to Empresa Eléctrica EMEC S.A. and Chilgener S.A. for the drafting and submission of the offer in the bid awarded for 90% of the shares of Empresa de Electricidad Sanjuanina S.A., concessionaire of the public service for the transportation of electric power of San Juan (EDESSA) and take-over thereof.
- Counsel to Chilgener during the bidding process for the extension of the concession of the electric power transportation system, through the building of the fourth line of the corridor Comahue Buenos Aires.
- Counsel to Bombardier Transportation in the bid called by Metrovías S.A. for the acquisition of rollng stock, within the context of its concession contract of a transportation system.
