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Public Procurement

Public Procurement

The quality of public goods and services is increasingly affected by the degree of knowledge of public procurement management tools and the appropriate adoption of contract management best practices and protocols. Also, the successful performance of contracts entered into with the State or with stateowned entities depends greatly on highly specialized
knowledge of public procurement and administrative law, Project Finance, anti-corruption regulations, and a
deep understanding of how the State and state-owned entities work.

We offer our Clients the following services, among others:

  • Drafting of legal memorandums regarding public procurement and administrative law, constitutional law, and fiscal and disciplinary liability;
  • Drafting and review of pre-contractual public procurement documents that are part of the public procurement process in Colombia, such as preliminary studies, market studies, terms of reference and risk matrixes;
  • Advice, support and representation of Clients in connection with bidding processes undertook by the State or state-owned entities;
  • Advice and support of Clients regarding performance of contracts entered into with the State or state-owned entities;
  • Advice and support of Clients regarding termination and liquidation of state or stateowned entities;
  • Advise and support of Clients regarding regulations related to infrastructure and public procurement, regulatory and statutory reforms, and definition of public policy for both private, and state and state-owned entities.

We also have a highly specialized team in infrastructure disputes and contracts entered into with the State and state-owned entities. Our experience includes a great deal of complex litigation before Colombian administrative courts, as well as in arbitration disputes, in which we have successfully represented state and state-owned entities and private parties.

We have the ability and experience to provide the following services:

  • Support and represent Clients in the resolution of disputes through alternative dispute resolution mechanisms, such as direct negotiation, conciliation or mediation; 
  • Support and represent Clients in friendly settlements;
  • Support and represent private companies and advise State entities in contract sanctions procedures, and termination of public contracts;
  • Support and represent Clients in constitutional, class and collective actions;
  • Support and represent Clients in administrative sanctioning procedures, fiscal and disciplinary liability procedures, and in general, all type of administrative and public law proceedings.

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26/08/2022
Pub­lic pro­cure­ment reg­u­la­tion in Colom­bia
Oc­to­ber 2018 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Colom­bia? All pub­lic pro­cure­ment pro­ced­ure in­form­a­tion – in­clud­ing pri­or in­form­a­tion no­tices, con­tract no­tices that call for...
01/07/2022
Feas­ib­il­ity study of the PPP Pro­ject "Second Line Tun­nel"
As es­tab­lished in Law 1508 of 2012 (the "PPP Law"), pub­lic-private part­ner­ships ("PPPs") in Colom­bia may be either pub­lic or private ini­ti­at­ives.Pub­lic ini­ti­at­ive PPPs fol­low the pro­cess de­term­ined in...
13/04/2022
Canal del Dique - Pub­lic Bid­ding for the second flu­vi­al pro­ject of the...
On March 25, 2022, the Na­tion­al In­fra­struc­ture Agency (Agen­cia Nacion­al de In­fraes­truc­tura - ANI) pub­lished the fi­nal doc­u­ments (tender doc­u­ments) of the bid­ding pro­cess called Canal del Dique for the...
03/11/2021
Reg­u­la­tion for Rail­road Func­tion­al Units in Pub­lic-Private Part­ner­ship...
The Pub­lic-Private Part­ner­ship (“PPP”) re­gime was in­tro­duced in Colom­bia with the is­su­ance of Law 1508 of 2012 and so the concept of func­tion­al unit (“FU”) as a mech­an­ism to be able to ob­tain...
30/07/2021
Reg­u­la­tion for the treat­ment of the pay­ment right by func­tion­al units on...
The Pub­lic-Private Part­ner­ship (PPP) re­gime was in­tro­duced in Colom­bia with the is­su­ance of Law 1508 of 2012 and so the concept of func­tion­al unit for in­fra­struc­ture pro­jects. It is im­port­ant to re­call...
18/03/2021
The Fund of Al­tern­at­ive Sources of Pay­ment for In­fra­struc­ture Pro­jects...
On March the 2nd, 2021, the Min­istry of Fin­ance ("MF") is­sued De­cree 223 of 2021 (“De­cree 223”), that in­tro­duces Part 23 to the second Book of De­cree 1068 of 2015 and reg­u­lates the Fund of Al­tern­at­ive...
27/07/2020
Im­ple­ment­a­tion of block­chain in pub­lic pro­cure­ment to re­duce cor­rup­tion...
The Of­fice of the In­spect­or Gen­er­al of Colom­bia partnered with the Inter-Amer­ic­an De­vel­op­ment Bank and the World Eco­nom­ic For­um to lead a mul­tidiscip­lin­ary team to de­vel­op the “Trans­par­ency Pro­ject”...
01/07/2020
Ac­quis­i­tion and sale/trans­fer of the Na­tion’s share­hold­ing in the Cov­id-19...
It is no secret to any­one that the private sec­tor has been one of the most af­fected ones due to the dif­fi­cult eco­nom­ic con­sequences of the Eco­nom­ic, So­cial and Eco­lo­gic­al Emer­gency de­clared by the Colom­bi­an...
08/04/2020
Malla Vi­al del Valle del Cauca- Draft TOR of the first pro­ject of the Fifth...
On April 6th, 2020, the Na­tion­al In­fra­struc­ture Agency-ANI pub­lished the draft doc­u­ments of the bid­ding pro­cess (Draft Terms of Ref­er­ence- TOR) for the award of the first 5G pro­ject in Colom­bia named...
25/03/2020
Pub­lic pro­cure­ment emer­gency meas­ures ad­op­ted by the Colom­bi­an Na­tion­al...
With the ap­pear­ance of COV­ID-19 in Colom­bia, the Na­tion­al Gov­ern­ment has de­clared the coun­try in State of So­cial, Eco­nom­ic and Eco­lo­gic­al Emer­gency (the "State of Emer­gency") by means of De­cree 417 of...
16/01/2020
New State con­tract­ing and crim­in­al law meas­ures ad­op­ted to sanc­tion the...
Law 2014 of 2019, en­acted on Decem­ber 30th of 2019, in­tro­duced im­port­ant changes in re­la­tion to acts of cor­rup­tion and crimes against the “pub­lic ad­min­is­tra­tion”: Sig­ni­fic­ant amend­ments were made...
30/07/2019
Sov­er­eign Guar­an­tees Is­sued to Se­cure the Fin­an­cing of Pub­lic Trans­port­a­tion...
On June 21 of 2019, the Colom­bi­an Min­istry of Fin­ance and Pub­lic Cred­it (Min­is­terio de Hacienda y Crédito Público) (the “Min­istry of Fin­ance”) is­sued De­cree 1110 of 2019 (the “De­cree”).  Through...