Our firm also has significant activity concerning the public sector. We regularly provide services in this area, including:
- Participation in price competitive processes, concessions, and PPP projects. Our firm’s participation in public processes usually covers the analysis of bidding documents, the preparation and submission of proposals, contract negotiation and execution of documents.
- Preparation and filing of administrative appeals.
- Lawsuits before the Court of Administrative Contentious Matters. For Contentious Administrative Matters we also rely on the support of our Litigation department.
- Professional advice on and handling of regulatory issues relative to various authorities (environmental, banking, antitrust, immigration, municipal, land, health, insurance, telecommunications)
Some examples of our professional involvement in this area are:
- Participated in a public competitive bidding process for the construction, commissioning and operation of a floating storage LNG regasification terminal offshore the Port of Montevideo. Our client was one of the four pre-qualified consortia in this process. In our capacity as local counsel to the consortium formed by Samsung, Kogas, Itochu and NYK, we raised the issues of the Terminal Use Agreement with the Uruguayan government from a bankability standpoint and conducted negotiations with the government to amend certain of its provisions accordingly. We also assisted in the preparation of the bid.
- Our firm was the awardee in a bidding contest called by the Corporación Nacional para el Desarrollo (the governmental agency specialized in infrastructure, and in charge of structuring PPPs) to assist in the structuring of infrastructure projects, of which two are already underway.
The purpose of one of the trusts is to administrate the grants of the Central Government to UTE (state-owned electric company) with the purpose to cover shortfalls in the amounts necessary to meet the demand needs of electric power (mainly due to shortages in the hydroelectric generation). This trust valued in approx. US$ 500,000,000 includes a US$ 200,000 million loan from the World Bank, which will be utilized for the same purpose as the Central Government grant.
- We advised an international consortium formed by Grupo Sacyr (Spain) y Grinor S.A. in its presentation in the international bidding proceeding for the construction of national highways under the private public regime. This is so far the second bidding to be launched in Uruguay under the nouvel PPP regime.
We analyzed the tender specifications, recommended adjustments and proposed amendments to the authorities, drafted legal documentation for the consortium members, the construction and operation agreement, and assisted in the preparation and filing of the offer.