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BARROSOADVOGADOS

Public Law and Compliance

Administrative Law

Public tenders, government contracts and defense before the public administration.

Contracting with government places a company under a legal regime different from the private one: the tender notice binds, deadlines are preclusive, and the administration holds prerogatives that a private counterparty does not have. Knowing that regime is what separates a challenge that changes the tender from one that merely records disagreement.

Situations the area handles

  • Tender notice with a requirement restricting competition or an unclear award criterion.
  • Disqualification or exclusion of a bid in a tender process.
  • Government contract with a supervening economic and financial imbalance.
  • Late payment by the administration and the need for adjustment or rebalancing.
  • Administrative sanction proceeding risking a fine, suspension or debarment declaration.
  • Administrative act imposing a restriction without adequate grounds.
  • Civil servant or candidate in a disciplinary proceeding or public examination.

What the work produces

  • Tender notice review, formal challenges and clarification requests.
  • Administrative appeals at the qualification and award stages.
  • Requests for economic and financial rebalancing and for contract revision.
  • Defense in administrative sanction proceedings and in public accounts reviews.
  • Mandado de segurança against an act of authority.
  • Collection and liability actions against government entities.

When to seek it

Within the tender notice deadline, when the problem lies in the rules of the tender. Otherwise, at the first notice of the administrative proceeding — the defense filed at the first opportunity defines what can be argued later.

Talk about administrative law

Describe the transaction and the stage it is at. The reply indicates what needs to be verified before the decision.