Contracting with the Government represents one of the most important activities for the commercial and industrial development of our clients, given the significance it entails.
For this reason, clients request our services not only at the initial stages that enable them to have access to the procurement processes, but also in the course of the development and performance of public contracts, in view of the special and often complex regulatory framework that governs procurement contracts.
Access to public procurement: Contractor Selection Methods
We start providing our professional services in this practice by assisting our clients in the processes for selecting government contractors in which they intend to participate, including processes called by the Public Administration bodies at a federal, provincial or local level, and, in particular, those procurements financed by multilateral credit organizations, such as the World Bank (WB) or the Inter-American Development Bank (IDB).
In these cases, our services cover legal advice on the most basic aspects that will provide legal certainty for future government co-contracting parties, by reviewing the selection methodology adopted –public or private bidding processes or direct award contracts‑ until the actual execution of the contract by the successful bidder in the procurement process with the Public Administration agency. Therefore, all matters concerning the registration of the bidder, if required, the due interpretation of the Tender Documents, clarifying information that may likely be requested from Public Administration bodies or objections to contractual provisions; advice on tendering of proposals –and all documents to be appended thereto- and challenges of other bids tendered –proper to the bidding process-; objections raised to pre-selection, pre-awarding and/or awarding resolutions, among others, fall within the scope of the professional services delivered by our law firm.
Moreover, our expertise is built upon intensive practice in a wide range of areas of government procurement processes, ahead of the curve of current challenges; electronic bidding and contracting, innovation, sustainability (including, among others, ethical, social, labor and environment requirements), quality requirements, local preferences, applicable international treaties.
Development and performance of public procurement contracts
From the execution until the expiration or termination date of public procurement contracts, going through all incidents entailed in the performance of contracts, our team provides advice and assistance to our clients to raise objections to contractual administrative acts, in the most extensive range of contracts with Public Administration agencies.
This is the reason why our prestigious clients allow us to address their daily concerns in connection with the performance of public contracts of any kind, infrastructure, public works, public works concession contracts, supplies, services, concession and license of utilities, consultancy, etc.
Renegotiation of contracts
Legal assistance in transition situations and advice on overcoming economic crisis and public emergency periods also forms part of the expertise developed by O’FARRELL Law Firm. Our department has been particularly involved in the various stages of the renegotiation process of public contracts, under the scope of Law No 25,561 on Public Emergency (public works and services concessions), and subsequently in the context of the depreciation of the Argentine Peso vis-à-vis the US dollar, inflation peaks, government measures having an impact on performance of contracts, etc.