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Zita Aguilera

Partner
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  • Biography

    Zita Aguilera advises state agencies and private companies on public procurement matters for the execution of infrastructure projects (public works and public-private partnership agreements), as well as for the procurement of goods and services. She has considerable experience in drafting and negotiating state-to-state agreements, which implement technical assistance services through Project Management Office (PMO), and international contracts, such as International Federation of Consulting Engineers (FIDIC), New Engineering Contract (NEC), and with Building Information Modeling (BIM) methodology.

    She also advises on administrative sanctioning proceedings, administrative appeals, government control processes, and dispute resolution and prevention mechanisms, such as dispute boards, conciliation and arbitration.

  • Experience

    • Advised Consorcio Perú Health (formed by IBT Health and PDIC) on the design and construction of hospitals, carried out under Contract NEC3-version F, executed with the Authority for Reconstruction with Changes (Autoridad para la Reconstrucción con Cambios).

    • Advised Consorcio Suyay (integrated by IBT Health and GCZ Ingenieros SAC) on hospital construction projects, carried out under Contract NEC3-version F, executed with the Authority for Reconstruction with Changes.

    • Advised Consorcio Rovella Inmac (formed by Rovella Carranza S.A. and Inmac S.A.) on the design and construction of the Olmos and Zaña river defenses, carried out under Contract NEC3-version F, executed with the Authority for Reconstruction with Modifications.

    • Advised Engie Services Perú SAC on the maintenance sports infrastructure, carried out under Contract NEC 3, executed by the Special Legacy Project of the Pan American and Parapan American Games.

    • Advised Acciona Concesiones SL on the Integral Contest of Projects for the Concession of the Hospitals of Piura and Chimbote, by ESSALUD.

    • Advised the Technical Committee of the Ministry of Health of Peru on drafting the state-to-state agreement and negotiating PMO technical assistance contract, during the execution of the investment projects "Improvement and expansion of health services of the National Hospital Sergio E. Bernales" and "Improvement of the problem-solving capacity of health services of the Antonio Lorena Hospital, Level IN-1-Cusco".

    • Advised the Ministry of Transport and Communications of Peru on the negotiation and drafting of a state-to-state agreement with the Republic of South Korea for the procurement of technical assistance services (PMO) during the execution of the investment project "Improvement and expansion of airport services in the Cusco region, through the new Chichero-Cusco airport."

    • Advised on the Special Project for the Preparation and Development of the 2019 XVIII Pan American Games, specifically the drafting and negotiation of a state-to-state agreement to procure PMO technical assistance, during the execution of several necessary works for the development of the Games, and on the drafting of other agreements related to the Project.

    • Advised Callao Salud S.A.C. (IBT Group) on the execution of the public-private partnership agreement for the creation of surface rights, the design and construction of infrastructure, the provision of equipment, and the operation and maintenance of the new Hospital III Callao and its Primary Care Center within the Sabogal welfare network of ESSALUD.

    • Advised Villa Maria del Triunfo S.A.C. (IBT Group) on the execution of public-private partnership agreements for the creation of surface rights, the design and construction of infrastructure, the provision of equipment, and the operation and maintenance of the new Villa Maria del Triunfo III Hospital within the Rebagliati welfare network of ESSALUD.

    • Advised Consorcio Hospitalario Lima on the execution of the "Contract for drafting the Technical Record, executing works and providing hospital equipment," and on dispute resolution proceedings (conciliation and arbitration). The contract implements BIM methodology.

    • Advised IBT Group companies on the execution of public works contracts and on arbitration proceedings.

    • Advised Farmindustria S.A. on the administrative appeal filed against it by the Química Suiza SAC and Roche Farma Peru S.A. consortium before the Government Procurement Court; secured a favorable outcome for Farmindustria, which was awarded the contract in the bidding process called by ESSALUD, for the reference value of USD 2.7 million, and consolidated its right to continue selling its product in the market.

    • Advised Ernst & Young Peru and Telefonica del Peru S.A. on designing a strategy to prevent contingencies of future disqualifications from entering into procurement contracts.

    • Advised Linea Amarilla SAC on the execution of a concession agreement and on the transfer of shares of a key shareholder; assisted the client in drafting and negotiating the terms of the transfer agreement and obtaining authorization from the Municipality of Lima (the Grantor) to perform the transfer.

    • Advised CESEL on the execution of the supervision agreement for the project "Electric Mass Transport System of Lima and Callao of the Transport Line 1 System," and the execution of an agreement with OSITRAN to supervise the works carried out in Section 3: Inambari-Iñapari of the Peru-Brazil Interoceanic Highway.

    • Advised Indra Peru S. A. on the bidding process for the procurement of the "Service of Licensing and Implementation of a new ERP system" for PETROPERU, as well as other bidding and contract execution processes (ESSALUD, ONP, SUNAT, SEDAPAL, SEDAPAL, SEDAPAR, SEDALIB, among other government agencies).

    • Advised EGEMSA on the execution of the contract "Second Phase of Restoration Works of the Machupicchu Hydroelectric Power Plant," an important energy project in terms of scale and investment in the country.

    • Advised Electro Sur Este S.A.A. on the execution of the construction agreement "138 kV Transmission Line San Gaban — Mazuko and 66 kV Transmission Line Mazuko — Puerto Maldonado and substations."

    • Advised ELECTROPERU on the drafting of "Procedures for Electroperu procurement related to the execution of the Quillabamba thermoelectric plant project and the profitability assessment of the South Energy Node."

    • Advised Consorcio Inversor, made up of Southern Peru Copper Corporation (Sucursal del Peru), Union de Cervecerías Peruanas Backus y Johnston S. A. A. and Banco Internacional del Peru S. A. A. A., through the Regional Development Consultant, on the discussion, conclusion and implementation of the Regional Agreement on Public Investment, which involves the private sector, and the corresponding construction agreement for executing the project "Interconnecting Main Road — Chilina Bridge, Arequipa," under the "Works for Tax" scheme.

    • Advised several foreign companies on their entry into and positioning in the Peruvian market, creation of local branches, granting of powers of attorney, registration in the National Registry of Suppliers and review of bids to be tendered in bidding processes.

    • Advised the president of CONSUCODE, currently in the Supervising Agency of the Government Procurement (OSCE),  and acted as attorney for the Technical Normative Direction and as assistant of the President of CONSUCODE Tribunal, from 2001 through 2007. Zita's most important duties at CONSUCODE included the preparation and defense of the project for the amendment of the Public Procurement Law Regulations and the Framework Agreement Regulations, as well as the revision of the draft bill of the PETROPERU Procurement Law.

  • Publications

    • "Los contratos NEC ECC para el desarrollo de infraestructura pública en el Perú," in "Derecho de la construcción y resolución de disputas," Editorial Jurídica THĒMIS, August 2022

    • "Las Juntas de Resolución de Disputas en contratos de obra pública: ventajas y dificultades," in "La mujer en el arbitraje," Biblioteca de Arbitraje, February 2022

    • "Agotamiento de la vía administrativa y su aplicación en procedimientos administrativos sancionadores de contratación pública," in "Estudios sobre Derecho Administrativo Vol. 2," Law and Society, October 2021

    • "Los principios en los procedimientos administrativos sancionadores de contratación estatal," in "Estudios sobre Derecho Administrativo Vol. 1," Law and Society, June 2021

    • Co-author (with Juan Carlos Moron Urbina), "Legal aspects of government contracting," in The Essential of the Right Collection, Editorial Fund of the Pontifical Catholic University of Peru, 2017.

    • Author, "Corruption in Public Procurement," in "Administrative Law as an instrument for the citizen," Memories of Administrative Law VIII Congress, Palestra Editores, 2018

    • "The subsidiary application of regulations in public procurement arbitrations," in "Journal of Current Trends in Public Procurement," Gaceta Juridica, 2018

    • Co-author, "The Conventional Modification of Administrative Contracts" in "Current Trends in Public Procurement." Legal Gazette, 2014

    • "The principles of informalism and material truth in selection processes, analyzed by the Supreme Court of Justice: Dialogue with jurisprudence," Legal Gazette, 2012

    • "Risks in public works contracts," Legal News Magazine, Legal Gazette, June 2012

    • "Is the State Prepared for D.U. N°054?," Peru Construye Magazine, September 2011

    • "Sanctioning Administrative Procedures in State Contracts," Revista Peruana de Derecho de la Empresa No. 69, September 2011.

    • "Compendium of Papers of the IV National Congress of Administrative Law: Modernizing the State for a Better Country," Palestra, April 2010

    • "Manual of Administrative Training," Gaceta Juridica (First Edition), January 2010

    • "Processes of Selection: Are Saturdays and Sundays Included?," Actualidad Juridica Magazine No. 192, Gaceta Juridica November 2009.

    • Bulletin specializing in public contracting: Contracting.

    • "Commentaries on the Regime of Guarantees," October 2009

    • "Decrees of Urgency and the Special Procedures of Selection: When the Exception Turns into the Rule," Actualidad Juridica No. 189, Gazeta Juridica, August 2009

    • "New Selection Processes for Suppliers," El Peruano, August 2009

    • "Principal Modifications in the Matter of Public Contracting:"

    • "Promoting the Execution of Public Works," Revista Juridica del Peru No. 96, February 2009

    • "The Indifferent Error in the Proposed Economy," in Revista Juridica del Peru No. 94, Editorial Normas Legales, December 2008

    • "Proof of Experience in the Selection Process by Merged Organizations," in Revista Juridica del Peru No. 89, Editorial Normas Legales, July 2008

    • "Good Winds in Public Contracting?," in Revista Actualidad Juridica de Gaceta Juridica Volume 175, June 2000.

    • "Changes in the State Contract Law," El Peruano, 4 June 2008

    • "Implications of the implementation of Administrative Silence in Public Contracting," in Revista Juridica del Peru, No. 86, April 2008.

    • "Comments on Directive N° 002-2007-CONSUCODE/PRE Guidelines standardized for the development of evaluation factors relating to the subject of the call to be included in terms of the selection processes for the procurement of consulting services of works," in Revista Actualidad Juridica de Gaceta Juridica, 2007

    • "The new abbreviated selection process: Implementation and Effects on State Contracting," in Revista Juridica del Peru Volume 70, December 2006

    • "The necessity of the administrative record: Its implications on State Contracting," Revista Actualidad Juridica de Gaceta Juridica Volume 155, October 2006

    • Education

    • Pontificia Universidad Catolica del Peru (Dispute Boards in Construction) (2020)
    • Universidad de Piura (Master's Degree in Administrative Law and Economic Regulation —thesis) (2019)
    • University of Cambridge Gonville and Caius College (Summer School, Construction Law; FIDIC, NEC, BIM, Dispute Boards) (2019)
    • Peruvian Institute of Arbitration and Universidad Alcala (First International Arbitration Course) (2016)
    • Asociacion Peruana de Consultoria (APC) and Lambal (FIDIC course on practical use of FIDIC contracts) (2012)
    • Universidad del Pacifico (Administration of Public-Private Associations International Specialization Program) (2011)
    • Universidad del Pacifico (Qualified Management in National and International Arbitration) (2010)
    • Universidad Carlos III de Madrid (Master's Degree in Administration, Law and Economics in Public Services) (2008)
    • ESAN Graduate School of Business (Specialization, Management of Public Administration) (2007)
    • Universidad de Lima (Qualified Management in Strategies for Government Contracts) (2006)
    • Universidad Peruana de Ciencias Aplicadas (Post-graduate Degree in Construction Law) (2006)
    • Universidad Nacional de Trujillo (Law Degree) (1999)

    Admission

    • Trujillo Bar Association, 1999.
    • Adjudicator of the National and International Arbitration Center of the Lima Chamber of Commerce.

    Membership

    • Member of the Peruvian Society of Construction Law.
    • Arbiter of the Arbitration Center of the American Chamber of Commerce of Peru (AmCham).
    • Arbiter of the Arbitration Center of the Lima Bar Association.
    • Arbiter of the Arbitration and Dispute Resolution Center - Ankawa International (CARD-AI).
    • Adjudicator of the Arbitration and Dispute Resolution Center - Ankawa International (CARD-AI).
    • La Libertad Bar Association. 1999.
    • Registered arbitrator — National Register of Arbitrators of the RNA-OSCE, State Agency for Supervision of Contracts (OSCE)

  • Additional Information

    Experience

    • Partner, Estudio Echecopar, since 2017

    • Associate, Estudio Echecopar, 2008-2017

    • Officer, Comptroller General of the Republic 2007

    • Adviser to the Presidency and legal specialist, CONSUCODE — OSCE 2001-2007

    • Legal adviser, Consorcio Minero Horizonte S.A. 1998-2001

    Teaching experience

    • Teacher, Specialization Program in Public Contract Management and Diploma in Construction Law, Universidad del Pacífico

    • Teacher, "Arbitration in Public Procurement" (post-graduate course), Specialization Program for Corporate Law Executives, ESAN University 2016-2017

    • Teacher, "Administrative Law" (pre-degree course), Universidad San Martin de Porres 2015

    • Teacher, "Contracts of public works" (post-graduate course), Diploma in Management and Supervision of Work Contracts, ESAN University (2015)

    • Teacher, "Procedure and Execution of Public Works," University of Lima 2015

    • Assistant professor —Administrative Law Course I (pre-degree), Pontifical Catholic University of Peru, 2013-2015

    • Teacher, "Public Contracting applied in Works," University of Lima, 2013-2014

    • Teacher, "General Administrative Procedure and Special Administrative Procedures," Diploma of Specialization in Administrative Law, ESAN University, 2013-2014

    • Teacher, "Management of Public Procurement," University of Lima, 2013

    Awards

    • Band 3 — Public Law, Chambers & Partners, 2022-2024
    • Chambers & Partners, 2020, Practice Area "Public Law", "Band 4".
    • Chambers & Partners, 2019, Practice Area "Public Law," "Band 4."
    • Chambers & Partners, 2018, Practice Area "Public Law," Category "Associates to watch."
    • Leader League, 2020. Recognition: Leader in the "Administrative Litigation" area.
    • Leader League, 2019. Recognition: Leader in "Administrative Litigation" area.
    • Legal 500, 2019. Practice Area "Projects and Infrastructure," Category "Next Generation Partners."
    • Legal 500, 2019. Practice Area "Public Law and Regulation," Category "Next Generation Partners."
    • Legal 500, 2018. Practice Area "Projects and Infrastructure," Category "Next Generation Partners."
    • Legal 500, 2017. Practice Area "Projects and Infrastructure," Category "Next Generation Partners."