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INVESTMENT AND PUBLIC PROCUREMENT

  • Public procurement, acquisitions, leasing and services:

All contracts with the government as a counterparty are unquestionably linked to a heavy set of budgetary regulations, which is why we have found legal solutions to several obstacles involving authorization of multiannual contracts, authorizations to sign a contract before the fiscal year begins, conflicts related to budget sufficiency to cover obligations, contracts hiring international cooperation, among others. We have also participated in the creation and the amendments of the legal framework applicable to public procurement, including consolidated acquisitions. Furthermore, we have experience as members (legal advisors) in Procurement committees (bodies in charge of granting contracts), in different public agencies.

 

Among other issues, we are experts in the legislation and regulation applicable to productive public investments, which allows us to implement the best legal structures for the development of projects for the benefit of both private and public clients.

  • Infrastructure and energy sectors:

Direct participation in drafting and negotiating the legal framework for the energy reform (2014), as well as the legal design of Hydrocarbon Exploration and Extraction Contracts, both license and production sharing (PSC), joint operation agreements for Pemex and its new partners, hydrocarbon commercialization contracts, and other legal instruments involving regulation of the energy sector and implementation of such reform. Furthermore, we have participated in other legal reforms in the infrastructure arena, such as public works, bridges and roads, airports, railways. We have also been directly involved in the implementation of such laws, whether designing contracts, issuing legal opinions or legal advice in general to parties involved.  In particular, we were part of multidisciplinary working groups in charge of stablishing innovative public-private investment mechanisms, such as the Infrastructure National Trust (FONADIN) or an Infrastructure Trust for Central America and the Caribbean, among others.

 

Likewise, DLG Abogados has successfully participated in the establishment of new financial and business structures in electricity generation with renewable sources, both in distributed generation, as well as in projects with a larger generation capacity. In infrastructure matters, we have implemented projects and resolved conflicts related to various sectors at both federal and local levels, in areas such as highways, universities, public real estate, and public service provision.

  • Public-private projects:

Direct participation in drafting and negotiating the applicable law (Ley de Asociaciones Público Privadas), as well as direct involvement in its implementation through the design of legal wording and special contractual clauses, issuing legal opinions and general legal counsel. Some projects in particular are those entered by IMSS for the construction and management of hospitals.

 

In addition, we have collaborated with both local governments and financial institutions in the design of financing structures for infrastructure and public service projects.

 

  • Concessions and licenses:

We have participated in the design and implementation of various legal frameworks applicable to concessions and permits, as well as establishing regulation that applies to the calculation process of the amount due for their grant, extensions and/or renewals. We have also resolved conflicts in such area, such as, highway concession within FONADIN trust, successfully solving the observations of the Superior Auditing Federal Office regarding their legal status and viability, managing to grant legal certainty to all parties involved in the operation and development of such concessions. We have also been in charge of designing and legally creating agencies in charge of regulating and granting such concessions and permits, such as the Railway Agency, Special Economic Zones Federal Authority, among others.

 

We have also participated in the issuance of regulations and provisions related to the different types of permits required to carry out activities in the energy sector, both in electricity and hydrocarbons.

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