Marroquín, Marroquín S.C., counsels and represents prime contractors and subcontractors at every stage of the government procurement process. The firm aggressively represents clients who are confronted with audits, investigations, suspensions, debarments, administrative and civil frauds and penalties.

The firm's expertise and knowledge in public administrative legal matters is well recognized in our country. Our expert attorneys are dedicated to providing legal counseling that addresses the client's needs, be it national or multinational corporations interested in negotiating contracts with the Government of Guatemala or already executing one. Our attorneys have broad experience in government contracts law. The experience of our government contracts lawyers includes bid analysis and preparation, compliance counseling, bid protests, litigation and alternative dispute resolution. The firm's goal is to provide each client with top-quality, efficient and practical legal advice to help ensure that all elements of the client's business comply with government regulations. The firm is well acquainted not only with the national government, but also with the local Governments and Congress.

We have acquired vast experience in all aspects of administrative, civil and criminal disputes concerning government contracts. We work with clients to identify issues early, dealing with potentially sensitive concerns on legal and business levels. We assist clients in designing, implementing, reviewing and improving compliance procedures to minimize the possibility of future problems. We also help clients with proposal preparation efforts, and in drafting solutions and conducting procurements.

Pre-qualification and Pre-registration:

According to the Guatemalan procurement law, all individuals or corporations interested in participating in any, national or local, government contract procurement procedure must first pre-qualify with the proper administrative agency. These administrative agencies are in charge of examining companies or individual's accounting records, history of contract compliment, experience in the execution of similar contracts and its technical capabilities. According to the law this administrative agencies are: a) Registro de Precalificados de Obras (Construction Contract Pre-qualification Registry); b) Registro de Proveedores (Consumer Goods Provider Pre-qualification Registry); and, c) Registro de Consultores (Consulting Firms Pre-qualification Registry).

We are well acquainted with pre-qualification procedures and have represented (literally) hundreds of local, foreign and multinational corporations in obtaining proper pre-qualification admission. The firm helps its clients prepare and draft pre-qualification admission papers and lobbing the proper authorities to ensure admission.

Drafting Winning Proposals, Counseling and Other Business Issues:

Marroquín, Marroquín S.C., assists clients in evaluating and responding to solicitations, to maximize the likelihood of success. Our attorneys are usually involved with reviewing client's proposals, bids or quotations to ensure proper responsiveness. In addition, we assist clients in drafting and implementing compliance programs and developing company-wide procurement policies and procedures.

We believe that we best serve our clients by addressing procurement, contract, subcontracting and other issues before they arise. Before the submission of a proposal, bid or quotation, our attorneys can review solicitations and related documents for unusual identifying contract risks, ambiguities, rights in technical data, computer software issues, etc. During the bidding phase, we advise clients with respect to solicitations, and assist in the preparation of bids and technical and cost proposals. Our firms is also involved in preparing teaming agreements, subcontracts and joint venture agreements and advise on the protection of confidential information.

Bid Protests:

Our attorneys have a substantial bid protest practice attacking awards of contracts. We represent many clients who protest solicitation and award improprieties. We also assist clients in defending contract awards against protests. We represent clients concerning protests in all forums, including the General Accounting Office (Contraloría General de Cuentas), The attorney General (Procuraduría General de la Nación) and the Pre-qualification Registry.

Contract Execution:

Once a contract has been awarded, our attorneys assist and advise on contract administration matters, including changes, constructive changes, delays, disputes, cost disallowances and suspensions of work.

Contract Claims:

Our attorneys are experienced in the presentation of government contract claims, including acceleration, breach-of-contract, changes, delays and related costs, pricing and scheduling issues. Our goal is to obtain an early resolution for our clients. In an effort to achieve a favorable outcome for our clients, we formulate effective discovery and trial preparation plans so that disputed facts and issues are clarified and continuously assessed as the case moves toward settlement or trial.

Construction:

Marroquín, Marroquín S.C., expertise in the interrelated areas of construction, surety and government contracts law, is widely recognized. The experience of our Construction practice spans the full range of legal tasks that arise in these areas, including: a) drafting and negotiating construction management contracts; b) construction services and design contracts; c) helping and negotiating surety bond; d) advising clients during projects on avoiding claims or mitigating them; and, e) arbitrating, mediating or litigating the complex, multiparty disputes that arise after contract execution, or resolving them through mini-trials or other alternative dispute resolution procedures (e.g., due to unforeseen conditions, delays and disruptions, extra work, alleged defects or failures to conform to specifications, warranty issues, terminations for convenience or breach, assessments of liquidated damages, and disputes involving multiple prime contractors and sureties of co-primes)

 

For more information on
Government contracts and administrative procedures
go to "How to do Business in Guatemala"

 


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