Lenovo’s verification of product authenticity in Peru. Estudio Olaechea assisted Lenovo with certain inspection requests made by the public entity Perú Compras concerning contracts held by companies selling Lenovo products. The purpose of these inspections was for Lenovo to determine the authenticity of the products. Rejecting inspection request over cost and responsibility issues: The public entity requested Lenovo to conduct inspections and issue a statement regarding the accuracy of the documentation submitted by certain contractors, in its capacity as the brand representative. However, the request was considered unreasonable and unjustified, as the entity failed to clarify who would cover the costs for the necessary personnel. Additionally, Lenovo was not responsible for evaluating documentation submitted by third parties. Clarifying cost responsibility in contractual disputes: Our firm prepared various responses for the entity, stating that the request for a statement was unfounded and that it was necessary to clarify the entity’s responsibility for covering the costs associated with these contracts. Pioneering smarter technology for digital future: Lenovo is a global technology company employing 77,000 people worldwide. Building on its success as the world’s leading computer manufacturer, Lenovo is expanding its research into growth areas to drive forward the “new IT” (client, edge, cloud, network, and intelligence). Latest development: After receiving our response, the public entity did not request further inspections.

Public tender annulment request for geosynthetics company. Estudio Olaechea assisted TDM Geosintéticos in drafting an official request for annulment addressed to the Regional Government of Cajamarca within the framework of a public tender convened for the procurement of a polyethylene geomembrane for the department of Cajamarca. Evidence of misuse in tender modifications: Our firm demonstrated through solid evidentiary means that the company requesting the modification did not have a valid Unique Taxpayer Reference and had apparently been used as a vehicle to alter the tender terms. Successful annulment request leading to procurement regulation acknowledgment: In light of this, we submitted a request for annulment, successfully leading the entity to acknowledge, based on a second identical procurement process it convened, that the modification violated public procurement regulations, as the same arguments had been used to alter the technical specifications. Engineering excellence and global expansion since 1992: Founded in 1992, TDM began operations in Peru offering a new proposal to the engineering and construction market: comprehensive solutions based on great technical excellence, high-performance products and high-quality specialised installation services. It has 700 employees and offices in six different countries. Irregularities and unjustified alterations in tender process: Several irregularities occurred during the tender process, which led to unjustified alterations of the technical specifications of the contract, seemingly with the intention of steering the procurement towards certain bidders. The client could not raise objections to the modifications made, and the technical specifications of the bidding documents were changed in violation to various legal provisions. Latest development: We successfully obtained a favourable outcome to the client.

Statutory interest assessment for public contract involving technology leader. Estudio Olaechea advised Nokia on a matter that involved determining the application of statutory interest and its calculation method within the framework of a contract pursued before a public entity. Claim arising from public entity’s payment delays: In this case, the public entity incurred delays in paying Nokia for certain invoices, making it necessary to demand payment of statutory interest, which had to be calculated in accordance with the applicable legal regulations. Interpreting public procurement rules to claim statutory interest: The complexity of the case required reviewing the Supervising Agency of Government Procurement (OSCE) rulings regarding the application of statutory interest, as these are not clearly explained in the Public Procurement Law. Accordingly, we carried out an interpretation of public procurement regulations and demanded the payment of the statutory interest owed due to the delay incurred by the public entity. Pioneering technology and innovation for over 155 years: Nokia is a B2B technology innovation leader with over 155 years in business. Operating in 130 countries, Nokia has received 10 Nobel Prizes for ground-breaking inventions and has more than 7,000 patent families declared as essential to 5G. Latest development: The public entity was formally requested to fulfil the payment, including the corresponding interest.

Pharmaceutical procurement for oncology patients. Estudio Olaechea is assisting Pharmaris Perú with a contract arising from a corporate purchase made by Cenares and Dirsapol for the acquisition of certain pharmaceutical products for oncology patients. Cenares is the Peruvian government entity responsible for the procurement and distribution of strategic health resources, while Dirsapol is the health services directorate of the Peruvian National Police. Ensuring timely delivery: With our assistance, the client was able to deliver certain products to the purchasing entities and, as of now, to remain within the deadline for submitting the remaining pharmaceutical products. Addressing delivery challenges: This matter was highly complex due to delays beyond the client’s control in the delivery of pharmaceutical products. The client drafted letters duly justifying the delay and making delivery commitments with the entities. Throughout the process, we have been holding meetings with the public entity to explain the reasons for the delay. Growing pharmaceutical leader in the Americas: Pharmaris began its commercial operations in Peru in 2009 and it expanded to Chile in 2014. Subsequently to Colombia, Canada, Bolivia, Ecuador, Mexico, United States and Venezuela. Pharmaris is part of a group of companies with over 325 employees working at hospital businesses, wholesalers, retailers and online commerce. Latest development: We continue assisting the client with the matter.

Administrative sanctioning procedure in public procurement case. Estudio Olaechea advised Draeger on an administrative sanctioning procedure initiated by the Peruvian Public Procurement Court, in which the client was mistakenly accused of allegedly submitting inaccurate or false information regarding the key personnel proposed in the context of a public tender called by the Peruvian government. Strategic approach to avoid state contracting disqualification: This could have resulted in a sanction imposing a temporary disqualification from contracting with the State for approximately one year. As a complex case, it required a robust legal strategy based on demonstrating that, while there may have been errors in certain submitted documents, the client would not derive any benefit from presenting such information within the framework of the tender process. Validation of document consistency in public procurement: Furthermore, no inconsistencies were found in the documents that should be considered false information. The arguments were supported by interpretations of the Public Procurement Law and its regulations, as well as various rulings issued by the Public Procurement Court in previous decisions. Successful legal defence leading to favourable decision: With our assistance, our client obtained a favourable decision. The Court fully accepted the defence arguments presented and dismissed any sanctions against the client, which was not penalised within the framework of the proceedings. Global leader in medical and safety technology: Draeger manufactures medical and safety technology products. Founded in Lübeck in 1889, Draeger has grown into a worldwide, listed enterprise in its fifth generation as a family-run business. Draeger has more than 16,000 employees worldwide and is present in over 190 countries around the globe. Latest development: With our assistance, the court ruled in favour of the client.

Participation of German company in tender in Lima and Callao. Estudio Olaechea advised HMF Smart Solutions on its participation as a specialised subcontractor in the request for proposals for the tender called for the creation of an emergency, urgency, and information response system through a single 911 number in metropolitan Lima and Callao, called Project 911. Bid preparation for complex tender submission: Our firm’s legal advisory involved preparing all the necessary documentation for the submission of the bid as a specialised subcontractor within the framework of the tender, and addressing the queries raised by the entity. HMF’s participation was complex, as the client had to present information from China within a short timeframe and that information was confidential. Successful tender submission and proposal preparation: However, these challenges were addressed, and the case was a success, as the client was ultimately considered a qualified specialised subcontractor, eligible to be part of the final proposal submission. Subsequently, we provided advisory support in the preparation of the final proposal for the tender. Leading German provider of mission-critical communications: HMF Smart Solutions is a German provider and manufacturer of mission-critical communication solutions. Established over 40 years ago, it has developed more than 1,500 projects in 65 countries. Latest development: With our assistance, the client obtained the category of specialised subcontractor. However, in the second phase of the tender, it decided not to participate.

Foreign armoured vehicles company participating in Peruvian government tender. Estudio Olaechea is providing comprehensive legal advisory services to 2000007 Ontario Inc. – INKAS Group of Companies on a public tender for its participation in the procurement of armoured tactical vehicles for the Government of Peru. Regulatory hurdles for foreign companies in selection process: This advisory process presents a complex challenge, as the client is a foreign company. For instance, it requires the registration of the client’s legal representative with the Providers National Registry (RNP) in order to participate in the selection process. Comprehensive support for proposal submission and contract execution: Our work also includes the preparation of the necessary documentation for the submission of the proposal within the framework of the selection process, the submission of the documentation to secure the signing of the contract, and advisory services throughout the execution of the contract. Timely submission ensuring successful contract signing and payment: The required documents for signing the contract was submitted duly and on time, leading to the contract being signed and the company receiving the advance payment as stipulated in the contract execution. Global leader in security and safety: INKAS Group of Companies is a global conglomerate comprised of a group of industry-leading companies that specialise in the aid of civilian safety, environmental protection, financial aid, security, logistics, and manufacturing. INKAS has been providing security solutions for more than 25 years, and more than 30 governments use INKAS’ products and services. Successful first armoured vehicle sale to Peru: This case is important for the client, as it is the first time it sells armoured vehicles to Peru, and it was a success because the client was awarded the contract without any objections to the offer from third parties or the Selection Committee. Latest development: We are currently advising the client on the corresponding delivery of the vehicles.

Challenging regulatory requirements imposed by SMV for investment companies. Estudio Olaechea has assisted Pandero, Maquisistema, and El Clan—collective fund management companies (EAFCs)—in an administrative proceeding before the National Institute for the Defence of Competition and the Protection of Intellectual Property (INDECOPI) to challenge regulatory requirements imposed by the Securities and Exchange Commission (SMV). New corporate governance regulations impacting EAFCs: Between 2019 and 2020, the SMV issued seven regulations imposing corporate governance requirements on EAFCs, including the mandatory establishment of a board of directors, even for private closed corporations where a board is optional. Additionally, restrictions were placed on the appointment of independent directors, limiting the ability of EAFCs to select board members based on internal business needs. Challenging unjustified bureaucratic barriers: Estudio Olaechea led the bureaucratic barriers elimination procedure before INDECOPI, demonstrating that the SMV regulations were not based on objective necessity or a clearly identified regulatory risk. The firm provided evidence that the requirements arbitrarily restricted business operations, creating disproportionate compliance costs without tangible benefits. Overturning unjust regulations: Our team successfully argued that these regulations constituted unjustified bureaucratic barriers, leading to their annulment, and that these measures violated economic freedom and lacked a legally justified purpose. INDECOPI’s trial court and appellate court decisions confirmed that the seven regulatory measures lacked reasonableness and proportionality, ordering their inapplicability to the clients. Establishing precedent for evidence-based regulation: The case set a precedent in regulatory oversight, reinforcing the principle that public authorities must justify restrictions on private enterprise with concrete evidence rather than hypothetical concerns. Latest development: With our assistance, the clients obtained favourable decisions. We continue to support the client in related matters.