Morgan & Morgan provide legal support in negotiations for a wide variety of public tenders and concession contracts with the Panamanian Government. Our attorneys represent international and domestic clients in preparing the required documentation for Public Bids, assist them in the Bidding process, and promote and defend their interests before the corresponding administrative and judicial entities.
The firm has advised in the negotiation of multiple major concession contracts such as mining, port facilities, aviation and air transport, energy, telecommunications, oil storage and transportation, water supply, hospitality, among others.
Our clients include major multinational companies, investors, developers, operators, contractors, government agencies, lenders and investment banks.
Representative clients: Minera Panama, Biwater, The AES Corporation, Panama Ports Company, Electron Investment, Tropigas/Petroport, Melones Oil Terminal, International Finance Corporation (IFC), Secretaria del Metro de Panama, First Group America, among others.
• Advising B.V. Scheepswerf Damen Gorinchem, S.R.L. in connection with its process of selling speed boats used by Ministry of Security in fighting drug trafficking through Panama. Our firm´s representation consisted on matters related to Panamanian corporation updates, changes of board, review of contracts with authority, obtaining requirements to submit contracts with the Panamanian government and collecting payments.
• Advising Mabey Bridge in its Bidding process for 60 steel bridges to be used in the Republic of Panama. Morgan & Morgan has been engaged to prepare bid requirements, as well as litigation matters related to the project, such as decisions of authority to reject Mabey´s proposal.
• Advising consortium formed by Absolute Maritime Tracking Services, S.A. and its parent company Pole Star Space Applications, in bidding process and award of public contract for real-time software identification and follow up of vessels of the Panamanian Ship Registry of Panama. The firm’s advice and participation consisted on actively counseling and participating during the bidding process, review of requirements, contractual and awarding matters.
• Advising, for more than 20 years, Minera Panama, S.A. (MPSA for its initials in Spanish), representation which commenced with successful negotiations of a concession agreement, approved by Law 9 of 1996, that includes a special tax regime, in connection with the US$6.4 Billion open-pit copper mining project Cobre Panamá, the biggest private sector investment in Panama history.
• Advising Metro de Panama, S.A., a corporation 100% owned by the Republic of Panama, in connection with Line 1, 2 and 3 of the Metro of Panama. Morgan & Morgan has been engaged to prepare the Engineering, Procurement and Construction (EPC) contract, an important part of the documentation used as part of the bid process. The Metro of Panama is the most important public infrastructure project under development in the Republic of Panama.
• Advising AES Changuinola, S.A. and AES Panamá, S.A. (affiliates of The AES Corporation) in ongoing regulatory, commercial, environmental, financial and corporate matters related to the development and construction of the Changuinola I Project, a 223 MW run of the river hydroelectric plant developed in the province of Bocas del Toro, Republic of Panama. This project is one of the most important private investments in the country (US$630 millions).
• Advising, for more than 20 years, Panama Ports Company, S.A. (member of Hutchinson Ports Holdings), currently developing and operating the Port of Balboa and the Port of Cristobal on the Pacific and Atlantic coasts of the Republic of Panama, in corporate matters related to both projects, including environmental law issues, public concessions, litigation matters, project finance, immigration and labour related matters; and every critical step on corporate matters related to Panamanian law.
• Advising First Transit in connection with a Consulting Services Agreement for the operation of the Metro Bus system, the bus rapid system for Panama City. The firm’s advice and participation consisted of, among others, the drafting, reviewing, participating, and actively counseling, in negotiations of the Consulting Services Agreement, required in order to complete the US$10.6 million transaction.
• Advising the Ministry of Economy and Finance, Empresa Nacional de Autopista, S.A., (ENA), and ENA Norte, S.A. (an affiliate of ENA), in the acquisition of the Corredor Norte, a toll road concession in the Republic of Panama. The firm´s advice and participation consisted of, among others, the creation of a special purpose vehicle, subsequently capitalized by Pycsa Panamá, S.A. (the original Concession holder) by transferring the Concession and its related assets; structuring the different components of the operation; drafting and reviewing the required documents and agreements; and procuring regulatory approvals and opinions required in order to complete the US$647 million transaction.
• Advising Minera Cerro Quema, S.A. (a former wholly own subsidiary of Pershimco Resources, now a wholly own subsidiary of Orla Mining Ltd), with respect to its mining concessions in Panama and, among others, regulatory matters, permits, environmental law issues on land and surface rights and corporate matters related to Panamanian law.
• Advising Construcciones Hospitalarias, S.A., a subsidiary of FCC, with respect to a financing agreement for the construction of the Ciudad Hospitalaria project, which is the largest-ever infrastructure project undertaken by Caja de Seguro Social in Panama.
• Advising Credit Suisse AG with respect to a financing agreement for the design and construction contract executed between Consorcio Omega and Instituto Nacional de Cultura (INAC), for the construction of the Ciudad de las Artes. This was the first – and only – turnkey contract into which INAC has entered.