Zita Aguilera

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.

Representative Legal Matters

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.

Professional Associations and Memberships

National Register of Arbitrators of the RNA-OSCE, State Agency for Supervision of Contracts (OSCE) - Registered arbitrator
Dispute Resolution Center, Pontificia Universidad Católica del Perú - Arbitrator and adjudicator
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

"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
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.