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Areas of Practice

Government Procurement

We advise private clients and public entities during the execution of all phases of government procurement within the framework of the National System of Multiannual Programming and Investment Management (INVIERTE.PE) and the State Procurement Law, as well as advice on procurement procedures exempted or excluded from the State Procurement Law, i.e. governed by the rules of international financial institutions or cooperating entities. The standard of our services is based not only on current regulations, but also on international standards applicable to the procurement of goods, services and works.

Key contact:
Rodolfo Miranda M.
Email: rmiranda@mq-abogados.pe
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Marcela Valverde G.
Email: mvalverde@mq-abogados.pe
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Our services

To Public Entities:

  • During the Preparatory Acts Phase, our advice comprises the determination of basic requirements that will serve as essential guidelines to be complied with by the contractor. This advice is based on the experience and claims prevention of our lawyers. In addition, we advise public entities in the elaboration of the administrative bases to comply with legal and regulatory requirements, as well as in the elaboration of risk matrices in accordance with the new regulations.
  • During the Bidding Phase, we advise public entities in the administration of the selection process and the resolution of queries made by bidders based on the new regulations on Government Procurement. In addition, we provide legal advice on challenges and appeals made by bidders during the bidding process.
  • During the Execution Phase, we accompany public entities in the fulfillment of legal and contractual obligations, as well as in the contractual administration (from Lima and in the field) of the projects under execution. Our lawyers have significant experience in government contracting disputes, which allows us to advise on the prevention of unnecessary claims.
  • We issue legal opinions in the three phases mentioned above.

To Private Investors:

  • During the Bidding Phase, our clients have permanent advice from the acquisition of the administrative bases of a particular project until the subscription of the public contract. We advise foreign and national companies in the corresponding registration in the National Register of Suppliers (RNP) to contract with the State, in the preparation of agreements between future consortium companies, preparation of consultations and / or observations to the bases, advice on administrative challenges (either to challenge or defend, for example, a disqualification or awarding), as well as advice on the signing of the contract.
  • During the Execution Phase, our clients can count on the experience of our lawyers in a significant number of arbitrations in State contracts that allow them to notice potential deficiencies in the contractual administration, the preparation of claims, as well as constant advice to the contractor’s representatives (from Lima and in the field).
  • We provide legal opinions in the three phases outlined above.  This practice is closely related to dispute resolution.
  • Likewise, we represent our clients before the OSCE, for example, in appeals to awarding of bids, administrative sanctioning procedures, registrations and complaints for regulatory infringement.

Experience

Our lawyers have been involved in claims such as extensions of time, additional and reduced work, higher overhead, disruptions, penalties, indemnities, execution of guarantees, deficiencies in the technical file, reception and acceptance of work, liquidation of the work, among others. Likewise, our lawyers have participated in a considerable number of cases in advising and sponsoring in the selection procedure stage, for example, in the formulation of consultations, observations, review of bids with clients and appeals.
We advise on the changes in the new regulations, on the resolution of conflicts through the Dispute Resolution Board (DRB) or Dispute Boards and we apply international standards in construction and infrastructure projects. Our lawyers have specialized in those institutions long before their incorporation into the Peruvian system.

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