Regulatory and public procurement

Licenses, permits, dealings with authorities and contracting with the State.

Many companies operate under licenses, permits or the supervision of an authority: the Superintendence of Companies, the Financial Superintendence, the National Health Superintendence, the CREG (the energy and gas regulatory commission) or the environmental authorities, among others. We advise on obtaining and keeping those authorizations, on responding to inquiries and inspection visits, and on defense in the administrative sanction proceedings governed by Law 1437 of 2011, the Administrative Procedure Code.

In public procurement, we support government contractors from before the bid until the contract is closed out: registration in the RUP (the national bidders' registry), comments on tender documents, structuring of consortia and joint ventures, submission of bids through SECOP II (the public procurement platform), performance, claims for economic imbalance and defense against fines, forfeiture and default declarations, under Law 80 of 1993 and Law 1150 of 2007.

Once administrative remedies are exhausted, we act before the administrative courts.

What we do

  • Obtaining, amending and renewing licenses, permits, authorizations and registrations before national and municipal authorities.
  • Handling of inquiries, inspection visits and investigations by the superintendences.
  • Defense in administrative sanction proceedings and administrative appeals.
  • Environmental licensing and compliance before the ANLA (the national environmental licensing authority) and the regional environmental authorities.
  • Registration and updating of the RUP before the Chamber of Commerce.
  • Comments on tender documents, structuring of consortia and joint ventures, and submission of bids.
  • Monitoring of performance: amendments, additions, extensions and close-out certificates.
  • Claims for economic imbalance, extended stay on site and additional works or services.
  • Defense against fines, default declarations, forfeiture and calls on performance bonds.
  • Actions before the administrative courts: annulment and restoration of rights, contractual disputes and direct reparation claims.

Questions we answer

  • The superintendence opened an investigation against us. What deadlines do we have and what can we argue?
  • Can I bid for a public tender in a joint venture with a company that has the experience I lack?
  • The public entity demands work that was not in the contract. How do I claim payment?
  • We were notified of a fine for delay on the works. How do we challenge it?
  • What environmental permits do I need before starting operations on a new site?
  • Can I assign the government contract to another company in the group?

Sectors

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