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Public Procurement

Finocchio & Ustra’s Public Procurement area assists Brazilian and foreign companies in bidding processes to enter into contracts with the direct and indirect Public Administration of the Union, States, Federal District, and Municipalities. The area advises clients through all phases of the bidding process, follows up the possible public hearings, assists in expression of interest (PMI) and the presentation of unsolicited proposals (PNS), provides support in the qualification and presentation of proposals, as well as advises on the preparation of objections, requests for clarification and administrative appeals to be filed against decisions rendered within the scope of the respective process. Our area also provides full support for the analysis of bid notices, contract drafts, and their annexes, such as terms of reference, projects, specifications, among others, in order to identify possible illegalities, legal risks, and efficiency problems in the performance of future contracts.

 

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

  • Monitoring and advising on public hearings regarding future concession projects or public-private partnerships (PPPs);
  • Assistance in preparing the presentation of unsolicited proposals (PNS) to the Public Administration;
  • Analysis of bid notices under the Expression of Interest (PMI) procedure;
  • Analysis of bid notices, contractual drafts, and other annexes related to bids for future contracting of construction, services, supply, concessions, or public-private partnerships (PPPs), to identify legal risks, illegalities, and possible efficiency problems in the performance of future contracts to be entered into with the Public Administration;
  • Preparation and presentation of challenges and requests for clarification with the competent authority;
  • Feasibility analysis of contracts due to waiver or unenforceability of bidding.
  • Assistance in obtaining and organizing the documents necessary for the qualification of the bidder, as well as in preparing technical, price, and award value proposals, among others;
  • Preparation and filing of administrative appeals in terms of bidding;
  • Assistance in the State and Union Court of Auditors;
  • Assistance in administrative processes involving the investigation of contractual violations, application of penalties, and resolution/forfeiture of contracts (administrative sanctioning process);
  • Legal management of the execution and performance of the contract concluded;
  • Issuing legal opinion on matters related to bids and contracts;
  • Conducting in-company workshops and consultancy related to bidding and contracts;
  • Conducting diagnostics, advising on obtaining certificates and certifications, analyzing the market, as well as analyzing and meeting requirements for entering the bidding market.