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PUBLIC PROCUREMENT

Our approach in this practice area advances the goals of companies that participate as suppliers of public entities in State procurement processes called for the supply of works, goods and services, both under the general regime and under the various applicable special regimes (governed by special laws, government-to-government contracting, regimes subject to international treaties or organizations), in line with dynamic changes in our environment.

Our advice in this field is comprehensive and encompasses all stages of contracting, spanning the range of consulting in aspects related to entry into the Peruvian market (special filings and other requirements for suppliers), impediments to contracting, preventive identification of risks and contingencies (prior to and during the selection procedure and contract performance), participation in selection procedures (answering queries and observations, raising observations, evaluating and rating proposals), assistance and consultancy as to the public law regime applicable to the performance of contractual obligations (including amendments, default regime, termination), evaluation and defence in disputes related to selection procedures and contract performance (administrative, conciliation, arbitration and other proceedings), defence in cases involving the exercise of sanctioning powers, as well as advice on governmental control actions (concurrent control and ex post control).

Our practice (in conjunction with other practices of the Firm) also intervenes in cross-cutting aspects of government contracting, related to the Public-Private Partnerships regime and execution of works under the Works for Taxes mechanism, among others.

A SAMPLE OF OUR EXPERIENCE

  • We advised SGS DEL PERÚ S.A., a Peruvian subsidiary of a world-leading inspection and certification company, in public procurement matters, including legal support to draft the applicable guidelines to be observed throughout the services procurement process and contract performance.
  • We advised CENTURYLINK S.A. (currently, Lumen Technologies) in the execution and performance of the contracts signed with the Peruvian government. We helped our client develop the strategy to be implemented with government agencies to ensure compliance with its obligations in accordance with the current legal framework (wholesale and corporate telecoms services).
  • We advised OBRASCON HUARTE LAIN S.A., Sucursal del Perú, a Peruvian subsidiary of a leading construction company, on public procurement matters. We offered our client legal support to draft the applicable guidelines to be observed throughout the public works procurement process and contract performance.
  • We advised PRODUCTOS ROCHE QF S.A., a Peruvian subsidiary of a leading pharmaceutical company, on public procurement matters, providing legal support to draft the applicable guidelines to be observed throughout the procurement process of goods.
  • We advised the BRITISH EMBASSY IN LIMA in connection with the potential involvement of the British government in the Reconstruction Government to Government Agreement (G2G) with Peru, a key project in the spotlight due to its relevance for the country’s population and the billionaire amount at stake.
  • We represented AIRBUS DEFENCE AND SPACE (ADS) as the private party selected by the French government to supply, launch, maintain and deliver to the Peruvian government the PeruSAT-1 satellite, purchased under a G2G agreement between Peru and France and launched in 2016. Interestingly, our assistance encompassed advising and representing ADS in connection with a two-year investigation conducted by the Peruvian Congress, which required us to engage in a detailed review of all relevant documentation and submit several reports to both the client and the Congress’ Defence Commission.
  • We advised CONSORCIO BESCO – BESALCO in connection with the NEC Engineering and Construction Contract (New Engineering and Construction Contracts), Option F: Management of the Athletes’ Village Contract, signed with the Special Project for the Preparation and Development of the Lima 2019 XVIII Pan American Games and Sixth Parapan American Games. In particular, we supported CONSORCIO BESCO - BESALCO to lawfully extend the scope of the contract awarded in order to build more facilities.

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