Public law

AVL Abogados has a team of professionals with extensive knowledge and experience in the field of public law.

We offer legal advice and representation on matters related to the interaction between individuals, businesses, and the State. We have expertise in the regulations and laws governing the structure and functions of the government and the relationships between citizens and public institutions.

We assist our clients in defending their fundamental rights, filing administrative actions and appeals, as well as constitutional actions. Our scope of work also includes advising on regulatory administrative procedures, obtaining licenses and permits, challenging administrative acts, and representation during administrative sanctioning processes.

The AVL Abogados team is equipped to represent and sponsor administrative processes before public control agencies, special examinations, and contentious administrative judicial proceedings, seeking that the public administration acts fairly and transparently.

State procurement of goods and services is a key driver of the Ecuadorian economy. Hence, we also provide advice to businesses in the industrial and commercial sectors to contract with the public administration.

The interaction between the business sector and the State requires timely support to address the regulatory and compliance challenges of doing business with the government.

The public procurement system is continually undergoing reforms, becoming one of the central pillars of government action. As a result, its evolution has introduced new partnership models where the State is not just a contracting party with the private sector. Instead, the private sector has become a key partner for the public administration, providing expertise, technology, high specialization, and professionalism in the execution of landmark projects across all economic sectors.

These new contracting and partnership models, along with ongoing regulatory reforms, require an interdisciplinary team with extensive knowledge of regulations and negotiation across various public-private business models. AVL Abogados has professionals with the expertise and experience in managing procurement processes for public works and services, as well as in selection processes in strategic sectors, with the ability to represent both private corporate and State interests.

Our team provides high-level service, leading the public procurement process, and addressing our client’s needs through various phases: support with the qualification and registration of public entity suppliers, drafting letters of intent and memorandums of understanding with local partners; advancing to the review and analysis of contract documents, terms of reference, or information requirements; assisting in the preparation of questions and clarifications, as well as preparing bids in compliance with pre-contractual requirements and applicable regulations, up to the validation, negotiation, signing, and closure of contracts.

Our team consists of professionals with extensive experience in State contracting, including landmark projects in non-renewable resources, electricity, the oil sector, mining, and State security, classified as confidential.

The experience and expertise of our team of professionals have allowed us to represent our client’s interests and interact with the public administration at the highest government levels, always adhering to strict ethical standards and professionalism.

We provide legal advice based on strict compliance with the Organic Law of the National Public Procurement System, general resolutions, and the regulations of the governing body.

We have successfully advised national and foreign companies across various high-level industries, including key players in the Ecuadorian economy and the region.

Learn about our firm's notable cases:

  • Provision of high-end medical equipment for the national health system with financing from the Austrian government. The client is an Austrian company with experience in providing European medical equipment, through a government-to-government loan between Ecuador and Austria. The equipment, supply, and technical support are provided to the Ecuadorian Ministry of Health on a national level, the first of its kind between these two governments.

 

  • Photovoltaic Solar Generation Project with Multilateral Financing. Our client is a national company that successfully obtained the Enabling Title for the Construction, Installation, and Operation of a 2 MWPhotovoltaic Solar Project located in the Urcuquí canton, Imbabura province. The project has a duration of 20 years and was financed by the Andean Development Corporation (CAF). The client has now secured local refinancing for debt substitution under better conditions and through an innovative fiduciary structure.

  • Award in the Public Selection Process for the Non-Conventional Renewable Energy (NCRE) Block 500MW. Our client is a foreign company that secured the award for the design, financing, construction, procurement, installation, assembly, commissioning, operation, maintenance, administration, and sale of electrical energy, for the duration of the 25-year concession contracts. The client is currently awaiting the signing of the respective contracts with the Ecuadorian government.

When is a lawyer in Public Law needed?

  • When pursuing business opportunities with the State, it is essential to have appropriate guidance and advice to help both national and foreign bidders understand and anticipate compliance with Ecuadorian public procurement regulations. This involves addressing documentary requirements, financial ratios, minimum experience, and credentials to successfully navigate the evaluation process and ensure successful participation with contracting entities.

  • Similarly, suppliers of goods and services, as well as contractors for public works, should have corporate legal advice closely related to the phases of a contract’s execution.

What services does AVL provide in this area?

Our team is known for delivering high-level services, leading the public procurement process, and addressing our client’s needs through various phases:

  • Support with the qualification and registration of public entity suppliers, drafting letters of intent and memorandums of understanding with local partners.

  • Progressing to the review and analysis of contract documents, terms of reference, or information requirements.

  • Assisting in the preparation of questions and clarifications, as well as preparing bids in compliance with pre-contractual requirements and applicable regulations, all the way through the validation, negotiation, signing, and closure of contracts.

  • The firm has professionals with expertise in public law, who understand administrative practices and procedures. We advise our clients on obtaining operating licenses and permits, as well as selection processes for public works and service concession projects.

  • Our administrative litigation team has advised clients on administrative contracts, permits, concessions, and all types of administrative and constitutional procedures and appeals before administrative, judicial, and constitutional courts.

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