Request for Proposals to Act as α Legal Advisor on Greek and European Union Law to the Hellenic Republic Asset Development Fund (‘HRADF’) for the Concession of the Attica Motorway
HRADF is seeking to engage an experienced and reputable law firm in Greece to act as legal advisor to HRADF on matters of Greek and European Union (‘EU’) Law (the ‘Advisor’) in relation to the concession of the Attica Motorway (the ‘Project’) and the implementation of the respective transaction (the ‘Transaction’). The Advisor is required to have adequate experience in similar Transactions and the relevant regulatory framework. Experience in negotiations with the national and EU Competition authorities will be appreciated. The Advisor is expected to offer legal services of the highest quality and experience, covering the entire range of Greek and European Union law issues which are related to the implementation of the Project and to coordinate with the Fund's other professional Advisors with respect thereto.
Προθεσμία
Η προθεσμία παραλαβής των προσφορών ήταν 2020-11-09.
Η προμήθεια δημοσιεύθηκε στις 2020-09-25.
HRADF is seeking to engage an experienced and reputable law firm in Greece to act as legal advisor to HRADF on matters of Greek and European Union (‘EU’) Law (the ‘Advisor’) in relation to the concession of the Attica Motorway (the ‘Project’) and the implementation of the respective transaction (the ‘Transaction’). The Advisor is required to have adequate experience in similar Transactions and the relevant regulatory framework. Experience in negotiations with the national and EU Competition authorities will be appreciated. The Advisor is expected to offer legal services of the highest quality and experience, covering the entire range of Greek and European Union law issues which are related to the implementation of the Project and to coordinate with the Fund's other professional Advisors with respect thereto.
HRADF is seeking to engage an experienced and reputable law firm in Greece to act as legal advisor to HRADF on matters of Greek and European Union (‘EU’) Law (the ‘Advisor’) in relation to the concession of the Attica Motorway (the ‘Project’) and the implementation of the respective transaction (the ‘Transaction’). The Advisor is required to have adequate experience in similar Transactions and the relevant regulatory framework. Experience in negotiations with the national and EU Competition authorities will be appreciated. The Advisor is expected to offer legal services of the highest quality and experience, covering the entire range of Greek and European Union law issues which are related to the implementation of the Project and to coordinate with the Fund's other professional Advisors with respect thereto.
The award of the assignment is subject to the conclusion of a written contract.
The expressions of interest to be submitted and this Invitation as well as the Advisor’s engagement letter for the assignment are governed by the laws of Greece; any dispute arising under or out of or in connection with the latter shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
The award of the assignment is subject to the conclusion of a written contract.
The expressions of interest to be submitted and this Invitation as well as the Advisor’s engagement letter for the assignment are governed by the laws of Greece; any dispute arising under or out of or in connection with the latter shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
(a) Review and assess all available historical data, information, reports, studies and legal documentation in connection with the motorway and the Transaction. Review and assess the legal and regulatory framework applicable on the motorway, including the existing concession contract between the HR and ATTIKI ODOS SA (ratified by Law 2445/1996 -GG 274/A/1996).
(a) Review and assess all available historical data, information, reports, studies and legal documentation in connection with the motorway and the Transaction. Review and assess the legal and regulatory framework applicable on the motorway, including the existing concession contract between the HR and ATTIKI ODOS SA (ratified by Law 2445/1996 -GG 274/A/1996).
(b) Review and assess the existing contracts of ATTIKI ODOS SA and ATTIKES DIADROMES SA, as well as any ongoing tender procedures launched by the latter in connection with the Motorway and its operation and/or lease and/or sub-lease and/or commercial contracts and miscellaneous agreements in connection with the Motorway and its operation, any relevant litigation, claims, etc.
(b) Review and assess the existing contracts of ATTIKI ODOS SA and ATTIKES DIADROMES SA, as well as any ongoing tender procedures launched by the latter in connection with the Motorway and its operation and/or lease and/or sub-lease and/or commercial contracts and miscellaneous agreements in connection with the Motorway and its operation, any relevant litigation, claims, etc.
(c) Review and evaluate the current legal status of HRADF’s asset from EU and Greek law perspective. Review, the ownership status of the motorway and assess any encumbrances and/or claims in connection with the motorway and/or its proceeds.
(d) Provide legal advice to HRADF and/or the HR in relation to the design and adoption of a toll system and a toll policy for the motorway, including the elaboration of all required documentation.
(e) Perform a comprehensive review and assessment, from a Greek and EU legal and regulatory perspective (including any environmental matters), of the strategic and structural options available to HRADF with respect to the structuring of the Transaction and any critical issues in connection thereto; submit a relevant legal recommendation to HRADF’s BoD and Council of Experts as to the optimal form of transaction;
(e) Perform a comprehensive review and assessment, from a Greek and EU legal and regulatory perspective (including any environmental matters), of the strategic and structural options available to HRADF with respect to the structuring of the Transaction and any critical issues in connection thereto; submit a relevant legal recommendation to HRADF’s BoD and Council of Experts as to the optimal form of transaction;
(f) Assist in the complication, verification and update of any information and/or (traffic or financial) model and/or analysis required;
(g) Provide legal advice on all preparatory actions and prepare legal opinions and supporting memos to HRADF.
Implementation phase
(a) Provide written recommendations in relation to the Project, containing inter allia alternative options available and the optimal approach recommended by the Advisors from strategic, business, financial, operational and legal perspective, in relation to the implementation of the Project and the Transaction;
(a) Provide written recommendations in relation to the Project, containing inter allia alternative options available and the optimal approach recommended by the Advisors from strategic, business, financial, operational and legal perspective, in relation to the implementation of the Project and the Transaction;
(b) Provide legal support to HRADF in connection with the preparation, coordination and performance of all the required actions and procedures for the tender process for the award of the Project, including but not limited to elaboration of a VDD report (if required), legal support in the organisation and management of a VDR for the performance of a legal, financial and technical due diligence process on the Project, preparation and presentation of legal recommendations and opinions to HRADF’s BoD and Council of Experts relating to the approval of the process for the implementation of the Project and the Transaction;
(b) Provide legal support to HRADF in connection with the preparation, coordination and performance of all the required actions and procedures for the tender process for the award of the Project, including but not limited to elaboration of a VDD report (if required), legal support in the organisation and management of a VDR for the performance of a legal, financial and technical due diligence process on the Project, preparation and presentation of legal recommendations and opinions to HRADF’s BoD and Council of Experts relating to the approval of the process for the implementation of the Project and the Transaction;
(c) Prepare all tender and contractual documents for the implementation of the Project and the Transaction, including, inter alia, invitations for expression of interest, requests for binding offers, process letters, confidentiality agreements, draft concession contracts, miscellaneous related agreements, announcements, clarifications, filings and any other legal document(s) required;
(c) Prepare all tender and contractual documents for the implementation of the Project and the Transaction, including, inter alia, invitations for expression of interest, requests for binding offers, process letters, confidentiality agreements, draft concession contracts, miscellaneous related agreements, announcements, clarifications, filings and any other legal document(s) required;
(d) Review and assess the comments and suggestions of candidate investors and/or third parties and submit relevant legal opinions and recommendations to HRADF’s BoD and Council of Experts.
(e) Provide legal support in connection with any obligations towards Greek and/or EU authorities and supervisory bodies.
(f) Assist in receiving any approval required from any competent EU or state authority and/or body.
(g) Assist in the preparation of the file to be submitted to the Court of Audit prior to the conclusion of the Transaction in accordance with art 9 para 4 of law 3986/2011.
(h) Prepare and present to HRADF’s BoD and Council of Experts legal recommendations and opinions in relation to each individual step of the Transaction up to its closing.
(i) Provide any other legal assistance and service required.
The award of the assignment is subject to the conclusion of a written contract.
The expressions of interest to be submitted and this Invitation as well as the Advisor’s engagement letter for the assignment are governed by the laws of Greece; any dispute arising under or out of or in connection with the latter shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
The expressions of interest to be submitted and this Invitation as well as the Advisor’s engagement letter for the assignment are governed by the laws of Greece; any dispute arising under or out of or in connection with the latter shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
Νομικές, οικονομικές, χρηματοπιστωτικές και τεχνικές πληροφορίες Εκτέλεση της σύμβασης
Όροι εκτέλεσης της σύμβασης:
The contract (or engagement letter) to be signed with the Advisor shall include, at least, the terms as stated in the request for proposals.
Διαδικασία
Νομική βάση: 32014L0024
Ώρα παραλαβής προσφορών: 17:00
Γλώσσες στις οποίες μπορούν να υποβληθούν οι προσφορές ή οι αιτήσεις συμμετοχής: Ελληνικά 🗣️
Αγγλικά 🗣️
Αναθέτουσα αρχή Ταυτότητα
Άλλος τύπος αναθέτουσας αρχής: ‘Societe Anonyme’ with sole shareholder the Hellenic Corporation of Assets and Participations S.A. (HCAP) which has as sole shareholder the Hellenic Republic
Επικοινωνία
Πρόσωπο επικοινωνίας: Chryssoula Rallia
Διεύθυνση του προφίλ αγοραστή: www.hradf.com🌏
URL εγγράφων: www.hradf.com🌏
Αναφορά Πρόσθετες πληροφορίες
HRADF reserves the right to renew and/or extend the engagement with the Advisor in order to include complementary services, which may be required and cannot be identified today, but they shall prove either to be inseparable from the original engagement or because they are absolutely necessary for the completion of the Project, in accordance with HRADF's Procurement Regulation (GG 476/B’/2014).
HRADF reserves the right to renew and/or extend the engagement with the Advisor in order to include complementary services, which may be required and cannot be identified today, but they shall prove either to be inseparable from the original engagement or because they are absolutely necessary for the completion of the Project, in accordance with HRADF's Procurement Regulation (GG 476/B’/2014).
Συμπληρωματικές πληροφορίες Σώμα αναθεώρησης
Όνομα: Hellenic Republic Asset Development Fund S.A. — BoD
Ταχυδρομική διεύθυνση: 1 Kolokotroni and Stadiou Str.
Ταχυδρομική πόλη: Athens
Ταχυδρομικός κώδικας: 10562
Χώρα: Ελλάδα 🇬🇷
Τηλέφωνο: +30 2103274400📞
E-mail: info@hraf.gr📧
Φαξ: +30 2103274448 📠
Διεύθυνση διαδικτύου: www.hradf.com🌏 Υπηρεσία από την οποία μπορούν να ληφθούν πληροφορίες σχετικά με τη διαδικασία επανεξέτασης
Όνομα: Hellenic Republic Asset Development Fund S.A.
Πηγή: OJS 2020/S 190-459721 (2020-09-25)