Contracting with theGovernmentwith confidence.
We support companies that supply the government throughout the public procurement cycle: from analyzing the bidding documents and preparing the bid to performance, final settlement of the contract and disputes with the contracting agency.
In public procurement, a mistake in the bid or in a record can cost you the entire contract. That is why we review every stage with the same care the agency puts into overseeing it.
From bidding documents to final settlement.
A government contract has stages, deadlines and formalities that leave no room for improvisation. We support your company at each one, with clear documents and well-founded decisions.
- 01Prepare
Supplier qualification
We make sure your company is properly registered in the Single Supplier Registry and ready to participate.
- Single Supplier Registry
- Qualifying documents
- SERCOP requirements
- 02Analyze
Review of bidding documents
We go through the bidding documents with you, identify risks and submit questions and requests for clarification on time.
- Requirements and conditions
- Questions and clarifications
- Contract risks
- 03Bid
Bid preparation
We review your bid so that it meets the formal and technical requirements and is not disqualified over a detail.
- Forms
- Collateral
- Bid commitments
- 04Enforce
Contract performance
We support contract performance: communications with the contract administrator, change orders and supplemental contracts.
- Change orders
- Supplemental contracts
- Formal notices
- 05Close
Acceptance and final settlement
We prepare the acceptance records and the financial settlement so that every amount is recognized.
- Provisional and final acceptance
- Final settlement
- Release of guarantees
- 06Defend
Disputes
When a dispute arises with the agency, we defend your company in administrative, judicial or arbitral proceedings.
- Penalties
- Unilateral termination
- Litigation and arbitration
Government suppliers with sound advice.
We advise companies that sell goods, works and services to the government, and defend them when their relationship with the contracting agency becomes difficult.
- Pre-contract phase
- 01
Bidding documents, bids and RUP
- 02
Claims and challenges
- Contract phase
- 03
Performance, penalties and changes
- 04
Termination and defaulting contractor status
- Disputes
- 05
Litigation and arbitration
- Prevention
- 06
Compliance and criminal risk
Bidding documents, bids and RUP
We analyze bidding documents, prepare questions and clarification requests, review bids and handle filings with SERCOP and the Single Supplier Registry.
- Bidding document analysis
- Bid review
- SERCOP filings
Claims and challenges
When a contract is awarded or a tender is declared void irregularly, we file the claims and challenges the law allows.
- Claims before SERCOP
- Award challenges
- Disqualifications
Performance, penalties and changes
We support contract performance, respond to the imposition of penalties and manage change orders and supplemental contracts.
- Challenging penalties
- Change orders
- Supplemental contracts
Termination and defaulting contractor status
We defend your company against unilateral termination of the contract and a defaulting contractor declaration, which can bar it from contracting with the government again.
- Unilateral termination
- Defaulting contractor
- Acceptance and final settlement
Litigation and arbitration
We take disputes to administrative litigation or, when the contract provides for it, to arbitration, to recover the amounts owed to your company.
- Administrative appeals
- Administrative litigation
- Arbitration
Compliance and criminal risk
We implement controls so that your relationship with the government is transparent and prevents criminal risks such as bribery or embezzlement, together with our Compliance and Criminal Law practices.
- Anti-bribery policies
- Dealings with public officials
- Criminal risk prevention
When the agency won't pay what it owes.
Penalties, withheld payments and terminations are the most common disputes between suppliers and public agencies. These are the fronts we review with your company, together with our Administrative Law practice.
Favorable judgment for a government contractor.
A public institution sought to offset amounts owed under a public contract as penalties. We obtained a judgment ordering it to pay those amounts to the contractor, plus interest.
Bidding documents
Clear requirements before you bid.
Qualification
Disqualifications and awards.
Penalties
Imposition and calculation of penalties.
Change orders
Adjustments during performance.
Payments
Progress billings, withholdings and final settlement.
Collateral
Enforcement and release of guarantees.
Termination
Unilateral termination and defaulting contractor status.
Compliance
Criminal risk prevention.
One team, one point of contact.
Initial meeting
We listen to your situation in full confidence and review the information available.
Assessment
We identify risks, outstanding obligations and priorities for your company.
Plan and budget
We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.
Execution and follow-up
A lead lawyer coordinates everything and keeps you clearly informed at every step.
Six consecutive years in Band 1.
Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.
The people behind behind your contracts.
Lawyers with public- and private-sector experience in the administrative and judicial defense of companies that contract with the government.
Practice lead
What clients often ask us.
General answers to common questions. Every company is different: write to us so we can review your situation.
01What does my company need to contract with the government?
In general, it must be registered in the Single Supplier Registry (RUP) managed by SERCOP (Ecuador's public procurement agency) and meet the requirements set out in each tender's bidding documents. We review your situation before you submit a bid.
02Can I challenge the award of a tender?
Yes. Public procurement rules provide for claims and appeals when a bidder believes its rights were violated during the process. The deadlines are short, so it is best to act immediately.
03What should I do if the agency imposes a penalty I believe is unfair?
Review the contract and the facts cited, and respond in writing within the deadlines. If the penalty is upheld, it can be challenged through administrative or judicial channels, depending on the case.
04What are the consequences of being declared a defaulting contractor?
In addition to termination of the contract, the company is registered as being in default and cannot contract with the government for the period set by law. That is why it is key to mount a defense from the start of the proceeding.
05How are disputes with the contracting agency resolved?
Depending on the case, through administrative appeals, administrative litigation or, when the contract provides for it, mediation and arbitration. We help you choose the most suitable path.
Let's talk about
your contract.
Choose the option that best describes your situation and we will message you directly on WhatsApp to book a confidential initial meeting.
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