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Public Procurement

Brazil

Contracting entities and bidders in local and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process and a deep understanding of how procurement regulates your plans. CMS Brazil offers particular expertise in advising on all aspects of procurement.

Our lawyers offer a powerful combination of local experience and insight coupled with international know-how. We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes.

In Brazil and across CMS, our specialists have longstanding sector-expertise across core industries including energy, infrastructure, life sciences & healthcare, transport, and technology, media and communications. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, evaluations, specific rules around framework agreements, concession contracts and complex PPP projects. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures.

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High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment in Brazil
A European man­u­fac­turer of FPSO moor­ing equip­ment on Brazili­an loc­al con­tent reg­u­la­tions in the oil and gas sec­tor and ar­range­ments for the pro­tec­tion of its know-how and in­tel­lec­tu­al prop­erty in fab­ric­a­tion sub­con­tracts. Also ad­vising on a dis­pute with its com­mer­cial rep­res­ent­at­ive re­gard­ing com­mis­sions on con­tracts awar­ded by Pet­ro­bras.OGX Pet­róleo & Gás on the draft­ing of a suite of stand­ard form oil and gas con­tracts for use off­shore Brazil, in­clud­ing mas­ter ser­vices agree­ments, gen­er­al terms and con­di­tions for dif­fer­ent cat­egor­ies of goods and ser­vices, pur­chase or­ders and drilling rig and ves­sel charter and op­er­a­tion agree­ments.CTS Even­tim on its suc­cess­ful bid to provide ex­clus­ive tick­et­ing ser­vices to the Rio 2016 Olympic & Para­lympic Games, in­clud­ing co­ordin­at­ing ad­vice on tax, em­ploy­ment, im­mig­ra­tion and vari­ous reg­u­lat­ory mat­ters to in­form the bid and to enter the Brazili­an mar­ket for the first time.Açu shipyard, Rio de Janeiro state on nu­mer­ous high-value pro­cure­ment con­tracts, as well as stand­ard form agree­ments for dif­fer­ent cat­egor­ies of goods and ser­vices. Ad­vising on re­lated con­trac­tu­al dis­putes, in­clud­ing claims for de­mur­rage, port stor­age costs, dam­age sus­tained to the equip­ment and ad­di­tion­al on­ward trans­port­a­tion costs res­ult­ing from de­fect­ive pack­aging and fail­ure of the equip­ment to com­ply with spe­cific­a­tions.Vari­ous in­ter­na­tion­al oil and gas sup­pli­ers on Pet­ro­bras qual­i­fic­a­tion and tender pro­ced­ures, con­tract­ing prac­tice and ne­go­ti­ations. Also ad­vising on the use of com­mer­cial rep­res­ent­at­ives, form­a­tion of bid­ding con­sor­tia, ne­go­ti­ation of back-to-back sub­con­tracts and tax struc­tur­ing is­sues.OSX Leas­ing Group on a num­ber of high-value frame­work agree­ments for the pro­cure­ment of ma­jor items of equip­ment for mul­tiple float­ing oil pro­duc­tion plat­forms (FPSOs) to be con­struc­ted in Brazil.Please down­load the print ver­sion be­low.

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04 May 2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
06 April 2020
COV­ID-19 in Pub­lic Pro­cure­ment – For­tu­it­ous Event or Force Ma­jeure. Prin­cip­al...
COV­ID-19 has been cat­egor­ised as a for­tu­it­ous event or force ma­jeure by the Chilean Pub­lic Ad­min­is­tra­tion, spe­cify­ing vari­ous im­pacts on the pro­ced­ures and pub­lic con­tracts for the sup­ply of goods and...