Government and Public Sector Law

Legal Advisory for Government Institutions, Public Authorities, State-Owned Enterprises and Public Sector Projects in Nepal

 

Bhandari Law and Partners provides comprehensive legal advisory, transactional, regulatory and dispute resolution services to government institutions, public authorities, statutory bodies, public enterprises, government-owned companies and other public-sector entities in Nepal. We also represent and advise private companies, domestic and international investors, contractors, developers, consultants, suppliers, financial institutions and development organisations engaged in transactions, projects and commercial arrangements involving government authorities and public institutions.

 

Our Government and Public Sector Law practice covers a broad range of legal matters involving public administration, government transactions, public procurement, government contracts, infrastructure development, public-private partnerships (PPP), concessions, public investment, institutional governance, regulatory compliance and public-sector disputes.

 

We advise clients on the legal and regulatory framework governing government institutions and public-sector operations in Nepal. Our lawyers assist with the interpretation and application of relevant legislation, government policies, administrative decisions, procurement procedures, contractual obligations and regulatory requirements. We provide legal support throughout the lifecycle of public-sector engagements, from project structuring and procurement planning to contract negotiation, implementation, regulatory compliance and dispute resolution.

 

With experience across corporate and commercial law, public procurement, infrastructure, construction, project finance, foreign investment, administrative law and dispute resolution, Bhandari Law and Partners delivers integrated legal solutions for complex government-related transactions and institutional matters.

 

Our Government and Public Sector Legal Services

 

1. Government and Public Institution Advisory

We provide legal advisory services to government ministries, departments, public authorities, statutory bodies, commissions, boards, local governments and other public-sector institutions on their legal, administrative, regulatory and institutional matters.

 

Our services include:

• Providing legal opinions on the interpretation and application of applicable laws, regulations, policies and government decisions.

• Advising on the statutory powers, functions, responsibilities and jurisdiction of government institutions.

• Reviewing government decisions, administrative orders, directives and official actions.

• Advising on the establishment, operation, restructuring and institutional management of public authorities.

• Reviewing institutional rules, regulations, policies, procedures and internal governance frameworks.

• Advising on legal relationships between federal, provincial and local government institutions.

• Providing legal support for intergovernmental agreements and institutional cooperation arrangements.

• Assisting with the development and review of institutional legal frameworks.

• Advising on administrative accountability, transparency and institutional compliance.

• Providing legal research and advisory support on public-sector legal and regulatory issues.

 

2. State-Owned Enterprises and Government-Owned Companies

We advise state-owned enterprises, government-owned corporations, public enterprises and companies in which the Government of Nepal, public authorities or other public institutions hold ownership interests.

 

Our services include:

• Corporate governance and board management advisory.

• Review and preparation of memoranda and articles of association, shareholder agreements and corporate documents.

• Advising on the rights, responsibilities and obligations of government shareholders.

• Corporate restructuring, reorganisation and institutional transformation.

• Mergers, acquisitions, joint ventures and strategic commercial partnerships.

• Legal due diligence for transactions involving public enterprises.

• Advisory on privatisation, divestment and government participation in commercial enterprises.

• Regulatory compliance and corporate secretarial services.

• Drafting and reviewing commercial contracts and business agreements.

• Advising on employment, labour and management-related legal matters.

• Representing public enterprises in commercial disputes, litigation and arbitration.

 

3. Public Procurement and Government Contracts

We provide comprehensive legal advisory services to government procuring entities, public institutions, contractors, suppliers, consultants, developers, investors and international companies participating in public procurement and government contracting in Nepal.

 

Our services cover the entire procurement lifecycle, from procurement planning and tender preparation to bid evaluation, contract award, implementation and dispute resolution.

 

Our services include:

• Legal advisory on Nepal's public procurement legislation, regulations and applicable procurement procedures.

• Review and preparation of bidding documents, tender conditions and procurement specifications.

• Legal review of requests for proposals (RFPs), expressions of interest (EOIs) and requests for quotations (RFQs).

• Advisory on procurement planning, qualification requirements and eligibility criteria.

• Review of bid evaluation procedures and procurement decisions.

• Advisory on tender rejection, disqualification and contract award decisions.

• Drafting, reviewing and negotiating government contracts.

• Advisory on performance security, bid security and advance payment guarantees.

• Contract administration, performance obligations and compliance.

• Legal advisory on contract variations, extensions of time and price adjustments.

• Advice on suspension, termination and contractual breaches.

• Representation in procurement review proceedings and government contract disputes.

• Legal assistance with contractual claims, payment recovery and dispute settlement.

 

4. Public-Private Partnerships (PPP) and Concession Agreements

We advise government institutions, public authorities, private investors, developers, contractors, financial institutions and project sponsors on the legal structuring, development and implementation of public-private partnership projects in Nepal.

 

Our practice covers the legal and commercial aspects of PPP transactions, including project structuring, procurement, concession arrangements, contractual risk allocation and project implementation.

 

Our services include:

• Legal assessment and structuring of public-private partnership projects.

• Advisory on applicable PPP legislation, policies and regulatory requirements.

• Legal due diligence for proposed PPP projects.

• Preparation, review and negotiation of concession agreements.

• Drafting and reviewing project development and implementation agreements.

• Structuring contractual relationships between government authorities and private-sector participants.

• Advisory on government support mechanisms and contractual commitments.

• Allocation of construction, operational, financial and regulatory risks.

• Legal advisory on project financing and security arrangements.

• Drafting and reviewing operation and maintenance agreements.

• Advisory on project renegotiation, variations and contractual amendments.

• Representation in PPP-related contractual disputes and arbitration.

 

5. Government Infrastructure and Development Projects

We provide legal advisory and transactional support for government-funded, privately financed and public-private infrastructure and development projects in Nepal.

 

Our lawyers assist public institutions, project developers, contractors, investors, consultants and financial institutions with the legal requirements associated with project development, procurement, construction, financing and operation.

 

Our services include:

• Legal structuring and due diligence for infrastructure development projects.

• Advisory on government-funded infrastructure projects.

• Drafting and reviewing engineering, procurement and construction (EPC) agreements.

• Drafting and reviewing design-and-build, turnkey and construction contracts.

• Legal advisory on roads, bridges, airports, railways, hydropower and other infrastructure projects.

• Land acquisition, land use and property-related legal advisory.

• Government approvals, permits and regulatory authorisations.

• Project financing and security documentation.

• Advisory on construction obligations, contractual risks and project implementation.

• Legal assistance with construction delays, variations and extensions of time.

• Advising on payment obligations, performance guarantees and contractual claims.

• Representing clients in construction litigation and arbitration.

 

6. Administrative Law and Regulatory Advisory

We advise public institutions, businesses, investors, contractors and other stakeholders on administrative law, regulatory compliance and legal matters arising from government decisions and administrative actions.

 

Our services include:

• Legal opinions on administrative law and regulatory matters.

• Interpretation of statutory powers and administrative responsibilities.

• Review of administrative decisions, orders, directives and government actions.

• Advisory on the legality and procedural requirements of administrative decisions.

• Regulatory approvals, licences, permits and authorisations.

• Representation before administrative authorities and regulatory bodies.

• Advisory on government enforcement actions and regulatory proceedings.

• Legal assistance with administrative appeals and review proceedings.

• Judicial review and constitutional remedies before competent courts.

• Representation in disputes involving public authorities and administrative agencies.

• Advisory on procedural fairness, transparency and administrative accountability.

 

7. Legislative Drafting, Policy and Regulatory Reform

We provide legislative drafting, legal research and regulatory reform advisory services to government institutions, public authorities, development organisations and other stakeholders involved in institutional and legal reform initiatives.

 

Our services include:

• Drafting and reviewing bills, acts, regulations, rules and directives.

• Preparation and review of institutional bylaws, policies and procedures.

• Legal and regulatory gap analysis.

• Legislative and regulatory impact assessment.

• Review of existing legislation and regulatory frameworks.

• Advising on the development of new institutional and regulatory frameworks.

• Drafting and reviewing government policies and administrative guidelines.

• Legal research on comparative legislation and international regulatory practices.

• Advisory on institutional and administrative reform.

• Harmonisation of legislation, regulations and government policies.

• Providing legal support for public-sector regulatory development initiatives.

 

8. Government Finance, Public Investment and Project Finance

We advise government institutions, public enterprises, financial institutions, lenders, investors and project sponsors on the legal aspects of public investment, financing and government-related commercial transactions.

 

Our services include:

• Legal structuring of public investment projects.

• Project finance and infrastructure financing arrangements.

• Drafting and reviewing loan agreements, facility agreements and financing documents.

• Legal advisory on government guarantees and credit support arrangements, subject to applicable laws and approvals.

• Advisory on public-sector borrowing and financing arrangements.

• Review of financial obligations and contractual commitments.

• Legal due diligence for public investment and financing transactions.

• Advisory on security interests, collateral and financing arrangements.

• Drafting and reviewing joint venture and investment agreements.

• Cross-border financing and regulatory advisory.

• Legal advisory on the financing and development of public infrastructure projects.

 

9. Government Disputes, Litigation and Arbitration

We advise and represent government institutions, public authorities, public enterprises, contractors, investors, developers and other stakeholders in disputes arising from government contracts, public procurement, administrative decisions and public-sector transactions.

 

Our services include:

• Public procurement and tender-related disputes.

• Disputes concerning bid evaluation, rejection and contract awards.

• Government contract disputes and contractual claims.

• Construction and infrastructure disputes involving public authorities.

• Disputes involving state-owned enterprises and public corporations.

• Contractual payment disputes, delay claims and termination matters.

• Representation in administrative proceedings and judicial review.

• Constitutional litigation and writ proceedings.

• Domestic and international commercial arbitration.

• Negotiation, mediation and alternative dispute resolution.

• Enforcement and challenge of arbitral awards in accordance with applicable law.

• Representation before competent courts, tribunals and administrative authorities.

 

10. Regulatory Compliance and Institutional Governance

We assist government institutions, public enterprises, statutory authorities and other public-sector entities in developing and maintaining appropriate legal compliance and governance frameworks.

 

Our services include:

• Review of institutional governance structures and legal responsibilities.

• Advisory on board composition, powers and responsibilities.

• Review of internal policies, procedures and governance documents.

• Regulatory compliance assessments and legal audits.

• Advisory on statutory reporting and disclosure obligations.

• Review of institutional contracts and commercial arrangements.

• Legal advisory on conflicts of interest and governance responsibilities.

• Compliance with applicable corporate, administrative and sectoral legislation.

• Institutional risk assessment and legal risk management.

• Legal support for organisational restructuring and governance reform.

 

11. International Development and Public-Sector Projects

We advise international development organisations, development finance institutions, multilateral and bilateral agencies, international contractors, consultants and other stakeholders involved in public-sector projects and development initiatives in Nepal.

 

Our services include:

• Legal advisory on development projects and public-sector programmes.

• Legal due diligence and regulatory assessments.

• Review and negotiation of project agreements and implementation arrangements.

• Procurement and contracting advisory for development projects.

• Legal advisory on financing agreements and project documentation.

• Regulatory approvals and government coordination.

• Legal support for international contractors and consultants.

• Advisory on compliance with Nepalese laws and applicable contractual requirements.

• Risk assessment for project implementation and operational arrangements.

• Representation in contractual disputes and dispute resolution proceedings.

 

Our Approach

 

Government and public-sector legal matters frequently involve overlapping requirements of public law, administrative law, corporate law, procurement legislation, investment regulations, financial regulations and contractual obligations. These matters require an understanding of both the legal framework governing public institutions and the commercial realities of government-related transactions.

 

At Bhandari Law and Partners, we take an integrated and commercially informed approach to government and public-sector legal matters. We consider the statutory responsibilities of public institutions, the regulatory requirements applicable to public-sector activities and the contractual and commercial interests of the parties involved.

 

Combining our experience in corporate and commercial law, public procurement, construction, energy and infrastructure, project finance, foreign investment and dispute resolution, we assist clients in navigating Nepal's public-sector legal environment and addressing complex institutional, regulatory, transactional and commercial challenges.

 

Bhandari Law and Partners remains committed to providing reliable legal advisory and representation to clients involved in government-related transactions, public-sector projects and institutional engagements in Nepal.