Zita Aguilera

Biography

Zita Aguilera provides expert legal advice on public procurement matters to both state agencies and private companies, 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 PMO, and international contracts, such as FIDIC, NEC, and with BIM methodology.

She also provides advice on administrative sanctioning proceedings, administrative appeals, government control processes, and dispute resolution and prevention mechanisms, such as Dispute Boards, conciliation and arbitration.

Representative Legal Matters

Advised the Technical Committee of the Ministry of Health of Peru on the drafting of the State-to-State agreement and during the negotiation of the Project Management Office (PMO) technical assistance contract, in 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 III-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) in the execution of the investment project "Improvement and expansion of airport services in the region of Cusco, through the new Chichero-Cusco airport."
Advised in the Special Project for the Preparation and Development of the 2019 XVIII Pan American Games on the drafting and negotiation of a State-to-State agreement to procure Project Management Office (PMO) technical assistance, in 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 regarding 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 of the Sabogal welfare network of ESSALUD.
Advised Villa María del Triunfo S.A.C. (IBT Group) on the execution of the public-private partnership agreements regarding the creation of surface rights, the design and construction of infrastructure, the provision of equipment, and the operation and maintenance of the new Villa María del Triunfo III Hospital of the Rebagliati welfare network of ESSALUD.
Avised Consorcio Hospitalario Lima on the execution of the "Contract for drafting the Technical Record, executing works and providing hospital equipment", and in dispute resolution proceedings (conciliation and arbitration). Said contract implements BIM methodology.
Advised IBT Group companies on the execution of their public works contracts and on arbitration proceedings.
Advised Farmindustria S.A. in the administrative appeal process filed against it by the consortium made up of Química Suiza SAC and Roche Farma Perú S.A. before the Government Procurement Court, securing a favorable outcome for Farmindustria, as it was awarded the contract, in the bidding process called by ESSALUD, for the reference value of US$ 2.7 million, which also consolidated its right to continue selling its product in the market.
Advised Consorcio Gestión Movilidad Lima, made up of Indra Peru S.A., on the execution of a contract for the installation and programming of smart traffic lights in the city of Lima, signed with the Metropolitan Municipality of Lima, designing and implementing strategies to avoid breach of contract allegations and contract rescision, and preventing disputes.
Advised Ernst & Young Perú on designing a strategy to prevent contingencies of future disqualifications to enter into procurement contracts.

Professional Associations and Memberships

Peruvian Society of Construction Law - Member
Arbitration Center of the American Chamber of Commerce of Peru (AmCham) - Arbiter
Arbitration Center of the Lima Bar Association - Arbiter
Arbitration and Dispute Resolution Center - Ankawa International (CARD-AI) - Arbiter
Arbitration and Dispute Resolution Center - Ankawa International (CARD-AI) - Adjudicator
Trujillo Bar Association - Member

Admissions

Peru (1999)

Education

Pontificia Universidad Católica del Perú (Course on Dispute Boards in Construction) (2020)
University of Cambridge (Gonville and Caius College) (Summer Program on Construction Law) (2019)
(First International Arbitration Course) (2016)
University of Alcala - Madrid (First International Arbitration Course) (2016)
Asociación Peruana de Consultoría (FIDIC Course on Practical use of FIDIC contracts) (2012)
Universidad del Pacifico (Specialization International Program in the Administration of Public Private Associations) (2011)
Universidad del Pacifico (Certification National and International Arbitration) (2010)
Universidad del Salvador (Master's Degree Administration, Law and Economy in Public Services, with merit) (2008)
ESAN Graduate School of Business (Specialization Management of Public Administration) (2007)
Universidad de Lima (Qualified Management in Strategies of Government Contracts) (2006)
Universidad Peruana de Ciencias Aplicadas (Post Graduate Degree Construction Law) (2006)
Universidad Nacional de Trujillo (Law Degree) (1999)

Languages

English
Spanish

Book: Legal aspects of government contracting. Collection "The essential of the Right". Editorial Fund of the Pontifical Catholic University of Peru. (Co–author with Juan Carlos Moron Urbina), 2017
Article "Corruption in Public Procurement." In book "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 "Current Trends in Public Procurement," published by Gaceta Jurídica (2018)
The Conventional Modification of Administrative Contracts. In "Current Trends in Public Procurement". Edit. Legal Gazette. (Co–author), 2014
The principles of informalism and material truth in the selection processes, analyzed by the Supreme Court of Justice. Dialogue with Jurisprudence. Legal Gazette, 2012

Risks in public works contracts. Legal News Magazine. Edit. Legal Gazette, June 2012.
Article: "Is the State Prepared for the D.U. Nº054? Peru Construye Magazine, September 2011.
Sanctioning Administrative Procedures in State Contractings, Revista Peruana de Derecho de la Empresa; Num. 69, September, 2011.
Compendium of Papers of the IV National Congress of Administrative Law: Modernizing the State for a better country, edit Palestra, April 2010.
Manual of Administrative Training; Gaceta Juridica; First Edition; January 2010.
Processes of Selection: Are Saturdays and Sundays Included? Actualidad Juridica Magazine. Edit. Gaceta Juridica, Num. 192 – November 2009.
Bulletin specializing in public contracting: Contracting. Commentaries to the Regime of Guarantees, October 2009.
Decrees of Urgency and the Special Procedures of Selection: When the Exception Turns into the Rule. Actualidad Juridica. Edit. Gazeta Juridica, Num. 189 – August 2009.
New Processes of Selection of Suppliers, El Peruano. August 2009
Principal Modifications in the Matter of Public Contracting: Promoting the Execution of Public Works? Especially for the Revista Juridica del Peru, Numero 96 – February 2009.
"The Indifferent Error in the Proposed Economy," in: Revista Juridica del Peru, Editorial Normas Legales, N°94 – December 2008.
"Proof of Experience in the Selection Process by Merged Organizations," in: Revista Juridica del Peru, Editorial Normas Legales, N°89 – 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" on 4 June 2008.
"Implications of the implementation of Administrative Silence in Public Contracting"; in: Revista Juridica del Peru, N° 86 – April 2008.
Comments to the 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 the 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.
Moreover, Ms. Aguilera's articles or opinions have been published in the official newspapers El Peruano, El Comercio, Gestion, La Republica, and important magazines and bulletins specialized in State contracting.