The Firm has extensive international experience in major infrastructure projects and project finance transactions, much of which has been in the representation of states and state companies. This experience includes a recent US$5 billion refinery reconfiguration and modernization program and a US$6 billion program in the power sector involving power plants, transmission lines and substations. Our role in these infrastructure development projects has included the following:

• Analysis of the government’s objectives and the various transaction structures available to meet those objectives, discussion with government representatives of the advantages and disadvantages of each of those structures, and recommendations as to the structure best suited for the transaction or program in question.
• Assessment of the feasibility of completing the project in the time frame required, considering the time for conducting the bidding or negotiation process, the time required to arrange financing and the length of the projected construction period, and coordinating the bidding, contracting and financing processes to meet the time schedule.
• Assessment of the need for engaging technical, financial or other consultants for defined tasks, assistance in the selection process and devising procedures for coordination of the work of such consultants.
• Pre-tender analysis of the pool of potential bidders in order to determine the extent of likely competition, to devise strategies for stimulating market interest in the project and to determine in advance of publication the likely problems which could jeopardize its success.
• Designing transparent rules for the bidding process, including analysis of issues concerning the technical and financial requirements for participation and any pre-qualification process; the extent of technical and other specifications for the project and the degree of flexibility to be accorded the contractors in the design and construction of the facilities; the means for allowing bidder participation in commenting on the tender documents; the rules for evaluation of bids, including the extent to which factors other than price may be considered; the extent to which negotiations may be conducted after the bid; the possibility of integrating the financing for the project into the bidding process; the contract provisions relevant to financial institutions likely to be interested in supporting the project, including buy-out and related mechanisms in case of default or other interruption in the project; and the extent of the penalties for breach by the winning bidder of its commitment under the bid or by the contractor of its obligation under the contract once awarded.
• Analysis of the allocation of risks between the private contractor and the government entity concerned, with a view towards creating an attractive, financeable and competitive project while at the same time meeting the government's objectives and protecting its interests, including risks such as change in law, force majeure (both ordinary force majeure and governmental force majeure), material adverse change or other conditions affecting the availability or cost of the financing, environmental risks and other risks apart from those effectively allocated to one party or the other by virtue of the selection of the structure for the transaction.
• Drafting of the tender documents, including the instructions to bidders and the form of the contract to be awarded, and discussion of the tender documents with government representatives and other consultants as appropriate for purposes of determining consistency with and efficiency in achieving the government's objectives and minimizing post-bid negotiations.
• While recognizing the unique characteristics of the individual projects, developing standard contracts where possible and a standard approach to certain types of issues, even among projects of different types, and creating a consistent favorable impression of project documents generally in the international market.
• Administration of the bidding process, including handling of questions and comments of bidders; coordinating responses with the government and other consultants where necessary (particularly with respect to technical matters); redrafting of the tender documents, including the form contracts, to reflect the answers to bidders' comments and any refinements which the government team considers appropriate during the course of the bidding process; and preparing and coordinating reports to government supervisory personnel on the progress of the bidding process.
• Assistance in connection with the evaluation of the bids, including review of legal issues concerning compliance with the instructions to bidders, coordination of the work of other consultants which may be involved, and preparation of reports summarizing the conclusions and formalizing the contract award and any decision on disqualification of bidders for noncompliance with bidding instructions or requirements.
• Coordinating negotiating positions with government representatives and consultants and conducting any negotiations which may be necessary.
• Dealing with the private parties to whom contracts have been awarded and their respective lending institutions in connection with arranging financing for the projects, including the possibility of utilizing direct loan or guaranty facilities of export credit agencies, commercial bank facilities and bond offerings, and negotiating, when necessary, appropriate provisions relating to the financing.
• Preparation of final reports summarizing the process, reviewing the lessons learned from the experience, and setting up procedures for the government's ongoing monitoring of the project.