• Area
  • Tenders and Public Contracts

Our Tenders and Public Contracts area at Finocchio & Ustra advises Brazilian and foreign companies in public procurement processes aiming at the conclusion of contracts with the direct and indirect public administration of the federal, state, federal district and municipal governments. Our area advises its clients in all phases of the tender process, and follow any public hearings, offer support in expression of interest (PMI) procedures and in the presentation of unsolicited proposals (PNS), provide support in the qualification and presentation phase of proposals, and advise on the preparation of oppositions, requests for clarification and administrative appeals that can be filed against decisions made within the scope of the respective process. Our area also offers full support in the analysis of notices, contractual drafts and their exhibits, such as reference terms, projects, specifications, among others, aiming to identify any illegalities, legal risks and efficiency problems in the execution of the future contract.

Among the main areas of activity, the following stand out:

  • Monitoring and advice on public hearings regarding future concession projects or public-private partnerships (PPPs);
  • Assistance in the preparation and dialoging with the Public Administration in the presentation of unsolicited proposals (PNS);
  • Analysis of public call notices in the context of the expression of interest (PMI) procedure;
  • Analysis of notices, contractual drafts and other exhibits related to bids for future contracting of works, services, supplies, concessions or public-private partnerships (PPPs), in order to identify legal risks, illegalities and possible efficiency problems in the execution of the future contract to be signed with the Public Administration;
  • Preparation and presentation of objections and requests for clarification to the competent authority;
  • Feasibility analysis of contracts through exemption or non-requirement of bidding;
  • Support in guiding, obtaining and organizing documents necessary for the qualification of the bidder, and in the preparation of technical, price and grant value proposals, among others;
  • Preparation and filing of administrative appeals regarding public procurement processes;
  • Advice on engagements with the State and Federal Accounting Courts;
  • Advice on administrative processes involving the investigation of contractual violations, application of penalties and termination/expiry of contracts (sanctioning administrative proceeding);
  • Legal management of the execution and performance of the contract entered into;
  • Issuing legal opinions on matters related to public procurement processes and contracts;
  • Carrying out workshops and in-company consultancy related to the subject of public procurement processes and government contracts;
  • Carrying out diagnostics, providing advice on obtaining certificates and certifications, analyzing the participating market, as well as analyzing and meeting requirements for entering the public procurement process segment.

Partners and Area Coordinators

Partner | LUIS FELIPE DALMEDICO SILVEIRA