Carlos Felipe B.Managing partner and founder
Trial attorney in criminal, civil and real estate matters. University lecturer and panelist on "Legal Radio."
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Public procurement
Selling to the State is a market with rules of its own, and since 2026 they are new rules. If the contract was awarded to someone else, if your contract was terminated or your guarantee was called, there is a way to contest it and a deadline to do so. We tell you whether your case has merit and how much time you have left.
Is this your case?
Six situations for anyone bidding on, or already selling to, the State.
They awarded it to someone else and you don't understand why
An award must be reasoned, and it can be challenged. What has to be examined is the tender documents, the evaluation, and whether your bid was rightly disqualified.
You were disqualified over a tender requirement
"Incomplete" documentation, experience they refuse to recognize, or tender documents written to fit someone else. There is a deadline to challenge the tender documents and the evaluation.
Your contract was terminated or penalties were imposed on you
The institution can do that, but only on specific grounds and through a procedure. A debatable breach is not a valid termination.
They called your guarantee
The performance guarantee is called when a breach is proven; if there was none, it is recovered.
You performed and the institution won't pay you
The addendum wasn't registered, the progress billing isn't approved, or the payment sits in the budget. That is where another road begins: collecting from the government.
You are under investigation or they want to debar you
The new law gives the Directorate General of Public Procurement the power to investigate on its own initiative or on a complaint, with deadlines to mount a defense and interim measures that can suspend a procedure.
How a bid is challenged
Four stages. Almost everything is decided in the first two, and they last days.
We read the tender documents and the evaluation
The tender documents are the law of the procedure: what isn't there can't be demanded, and what is there can be challenged in time. The evaluation has to be traceable.
We file with the institution and with the DGCP
First the contracting institution; if it doesn't correct course, the Directorate General of Public Procurement, which can order interim measures while it decides.
We appeal to the Superior Administrative Court
Against the decision upholding the award, the termination or the penalty. The deadline is short and runs from service.
We protect the contract
Addenda, extensions, progress billings and guarantees, with every step on record. What isn't in writing doesn't exist as far as the institution is concerned.
Almost everything in law has a deadline, and yours is already running
Tell us what happened. We'll tell you which path applies and what to do right away, at no cost.
What to bring
None of this is required for the first conversation, but in public procurement deadlines are counted in days: the sooner, the better.
The tender documents
With their amendments and the circulars the institution published.
Your bid
Technical and financial, exactly as you filed it, with the receipt.
The evaluation report and the award
What the institution published or served on you, with the date.
The contract, the addenda and the guarantees
If you already have a contract: the registered contract, the bonds and their expiry dates.
Progress billings, deliveries and invoices
If the problem is about performance or payment.
The notices you received
Termination, penalty, calling of the guarantee or opening of an investigation, with the date received.
Even better. With the tender documents and the timetable we tell you what can be objected to now and what is best saved for later.
Challenge, defend the contract, or collect
Three different problems with three different paths, and sometimes all three at once.
Challenge the award
A defect in the tender documents or the evaluation, and a challenge filed within the deadline The evaluation is corrected, or the procedure is annulled When your bid was the best and it was wrongly disqualifiedDefend the contract
Proving that you performed, or that the ground for termination doesn't exist The termination, the penalty or the calling of the guarantee is set aside When the institution acts without a procedure or without groundsCollect for the work performed
The contract, the acceptance and the accepted invoices Payment, through a claim or through a judgment of the TSA When the problem is no longer the procedure but the moneyGood to know
Law 47-25 replaced Law 340-06 and its regulations, and governs procedures begun on or after January 28, 2026; earlier ones conclude under the old law, disputes included. The procedures change — abbreviated tenders, simplified contracting, framework agreements — and so does oversight: the Directorate General of Public Procurement can open investigations on its own initiative or on anyone's complaint, with deadlines of days to file a defense and interim measures that can suspend a procedure while it decides.
For anyone selling to the State that means two things: a well-founded challenge carries more weight than before, and a sloppy file becomes a risk. In both cases, what decides the matter is the tender documents, the date of each notice, and the paper that proves what was done.
In public procurement the tender documents are the law of the procedure and the notice is the clock. Both get read the same day.
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Frequently asked questions about public procurement
Which law governs public procurement today?
Law 47-25 on Public Procurement, enacted in July 2025 and in force since January 28, 2026. Procedures begun before that date remain governed by Law 340-06 until they are wound up, including any disputes they generate.
I was disqualified from a public tender. Can I challenge it?
Yes, and with short deadlines. First before the contracting institution and, if it doesn't correct course, before the Directorate General of Public Procurement; the final decision can be taken to the Superior Administrative Court. What is argued is whether the tender documents were applied as written and whether the evaluation was traceable.
Do I need to be in the State Supplier Registry?
Yes: it is the requirement to take part in any procedure, and your status — active, debarred, sanctioned — is the first thing an institution checks. Keep it current before the tender you want comes out, not after.
The institution terminated my contract. What can I do?
Review the grounds and the procedure. Unilateral termination is allowed on grounds set out in the law and the contract, and through a process in which you can defend yourself. If there was none, it is challenged; and if your guarantee was called as well, its return is claimed.
The DGCP opened an investigation against me. Is it serious?
It can be: Law 47-25 lets the Directorate General of Public Procurement investigate on its own initiative or on a complaint, adopt interim measures and end in disciplinary proceedings. There is a deadline of days to file a defense from the moment you are served, and what is said in that brief weighs on everything that follows.
Is there a cost for the first consultation about public procurement?
No: the first consultation about public procurement is free. Tell us what stage the procedure is at and what you were served with, and we tell you what can be challenged and until when. If you decide to go forward with us, fees are agreed in writing before any work begins.
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Describe it in your own words. You don't need to know the legal term or have every document. Within 24 hours you will hear back on the options that apply and the deadlines that are running.
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