PRACTICE AREAS
Public Procurement and Public-Private Partnerships
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The objective of our advisory services on public procurement and public-private partnership in Panama is to facilitate collaboration between the government and private companies that provide crucial services and promote the economic and infrastructure development of the country. Understanding the laws and regulations covering these processes is a significant challenge.
We offer our expertise to the private sector to accompany them throughout the procurement process and its business formalization. Likewise, we deliver our advice and know-how to the government sector to facilitate smooth and prosperous progress during all the phases involved in public procurement.
A three-step process
Our services include comprehensive legal guidance in the pre-contractual, contractual, and post-contractual stages in sectors such as health, technology, construction, transportation, energy, etc. Each stage and sector has different prerequisites and distinct obstacles that must be reviewed on a case-by-case basis.
1 During the pre-contractual stage, it is crucial to have good knowledge of the principles and legal norms, as well as the risks, to identify potential challenges and selection standards to ensure that public acts comply with the terms and conditions of the solicitation documents and satisfy the public interest.
2 After preparing your bid, we accompany you during the execution of the contract. We provide advice on the contract, which is the basis of the project and the post-contractual relationship.
3 During the execution of a public-private partnership in Panama, we facilitate the resolution of any dispute that may arise through party representation in arbitration matters or mediation to amicably resolve any conflict and reduce the possibility of an interruption in the provision of services.
Services we offer
Continuous evolution characterizes the legal environment in Panama. Legislation and contracting obligations are revised periodically. We offer a portfolio of services to provide bidders with legal and proficient representation that guides them with security, ethics, and integrity:
- Consultations concerning
public procurement. - Training and Courses.
- Advice in preparing and presenting bids in the different contractor selection procedures: Small Purchase, Public Bidding, Best Value Bidding,
- Framework Agreement Bidding, Reverse Auction Bidding, and Public Goods Auction.
- Interposición of Claim Action before the General Directorate of Public Contracting.
- Interposición of Appeals before the Public Contracting Tribunal.
- Representation and advice in the management of state contracts.
- Request and processing of contractual rebalancing and financial indemnities.
- Representación in the management of collections from the State.
- Exhaustion of the Governmental Way.
- Filing of Contentious-Administrative Actions.
- Advice to the government sector.
- Advice in Public-Private Partnerships and Investments.
- Advice on the design, structuring, and management of Administrative Concessions.
- Advice on the design, structuring, and management of turnkey contracts.
Different sectors focused on a single goal
Panama is home to different industrial sectors and service providers, and each one involves additional considerations within the context of public procurement and public-private partnerships.
For example, the health and healthcare sector must comply with complex standards, specialized teams, and technical considerations that require a meticulous and rigorous procurement process.
On the other hand, the technology sector is very dynamic and fast-moving. It requires a deep understanding of elements in the contractor’s offer and the contracting entity’s requirements to make the relationship mutually beneficial.
Other sectors, such as construction, transportation, and energy, must comply with environmental regulations that might be different even among provinces, districts, and townships in the country.
The previous experience of our work team in commercial negotiations and investment treaties allows us to provide investors with up-to-date knowledge, thus offering them quality advice with all the legal and financial information necessary for structuring their business.
Legal advice to meet the objectives
The previous experience of our work team in commercial negotiations and investment treaties allows us to provide investors with up-to-date knowledge, thus offering them quality advice with all the legal and financial information necessary for structuring their business.
