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"
