The Firm has been very active in the implementation of project financing in all its forms, from traditional early generation BOTs and BOOTs to sophisticated PPP projects. It has acted as legal advisor to the Egyptian Ministry of Transport for two segments of its highway BOOT projects (tender preparation, evaluation, contract drafting and negotiations). It has also advised various consortiums on their preparation of bid documents and contract negotiations for power, water, infrastructure and port BOTs and BOOTs.
ZH&P undertook the very first BOT Highway project in Egypt, that is the design, capital financing, construction, operation and maintenance of the Cairo - El Ain El Sokhna Road & Cairo - El Kureimat Road. That project was awarded to a consortium led by the Bin Laden Group. However, the project was transferred to the Ministry of Defence at the very final stage. The Firm worked on that project from the start until the end. The Firm’s legal services in that project, included:
- Advising the client on Egyptian tendering and procurement laws and other applicable laws, as well as, presenting options and recommendations related to the Tenders Law No. 89;
- Attending meetings with client;
- Participating with the client in one-to-one meetings with the government authorities;
- Assisting in the preparation of legal clarifications and questions of the client;
- Assisting in the preparation of the bids;
- Drafting legal opinions requested by the client.
The Firm also acted for a Sudanese consortium during the negotiations on the Egyptian/Sudanese multi-phase international road project connecting Abu Simbel, on the Egyptian side, and the Sudanese capital, Khartoum.
ZH&P have advised the Egyptian Ministry of Finance on the first PPP project in Egypt for the design, capital financing, construction, operation and maintenance of up to 350 new public schools across Egypt, up to the stage of finalizing the draft main concession agreement and the direct agreement, which became the bases for the PPP Law promulgated subsequently. It has since been involved in other PPP projects on behalf of the investors, including reviewing the tender documents, drafting the offer packages and attending pre and post-award conferences and negotiations. The Firm’s legal services in that project, included:
- Advising on Egyptian tendering and procurement laws and other applicable laws, as well as, presenting options and recommendations related to the Tenders Law No. 89;
- Drafting the bilingual texts Prequalification document and the Tender package, including the model contract and its annexes;
- Attending meetings with client;
- Participating with the client in meeting with pre-qualified bidders, in both one-to-one sessions or conferences with all the bidders;
- Assist in the tendering process;
- Responding to legal clarifications and questions by bidders;
- Assisting in the evaluation of the bids;
The Firm also advised a bidder on the Cairo-Alexandria- Matrouh Free Highway PPP Project. The Highway is recognized as one of the most vital arteries of the highway network in Egypt, linking its largest and most important port with the capital. Finally, the Government decided to allocate the project directly to contractors for the different sections of the Highway.
