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Law On Public Works And Related Services Thereof

Original Language Title: Ley de Obras Públicas y Servicios Relacionados con las Mismas

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Public Works and Services Act Related to the Mismas

PUBLIC WORKS LAW AND RELATED SERVICES

Official Journal of the Federation on January 4, 2000

Last reform published in the DOF on August 11, 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

PUBLIC WORKS LAW AND RELATED SERVICES

TITLE FIRST

GENERAL PROVISIONS

UNIQUE CHAPTER

Article 1. This Law is of public order and is intended to regulate the application of Article 134 of the Political Constitution of the United States Mexicans in the field of public works contracts, as well as the services related to them, that perform:

I.        The administrative units of the Presidency of the Republic;

II.     The Secretaries of State and the Legal Department of the Federal Executive;

III.     The Attorney General's Office;

IV.      Decentralized agencies;

V.       The majority state holding companies and trusts in which the trustee is the Federal Government or a State-owned entity, and

VI.     Federative entities, municipalities and public entities of each other, with full or partial charge to federal resources, in accordance with the agreements they conclude with the Federal Executive. The funds provided for in Chapter V of the Tax Coordination Act are not included for the implementation of this Law.

The persons of federal public law with autonomy derived from the Political Constitution of the United Mexican States, as well as the entities that have with a specific regime in the field of public works and services related thereto, shall apply the criteria and procedures provided for in this Law, only in the absence of the orders that govern them and provided that they do not conflict with the same, subject to their own control organs.

Public works and services related to the same ones that contract the productive enterprises of the State and its subsidiary productive companies are excluded from the application of this order.

Contracts that conclude dependencies with entities, or between entities and legal acts that are concluded between dependencies, or those that are carried out between any dependency or entity of the Federal Public Administration with any belonging to the public administration of a federative entity, they will not be within the scope of application of this Law. When the dependency or entity required to perform the work does not have the capacity to do so by itself and hire a third party to carry them out, this act will be subject to this order.

They will not be subject to the provisions of this Law, the works to be executed to create the necessary infrastructure in the provision of public services that the (a) private individuals have concessionaires, in the terms of the applicable legislation, when they are carried out.

The works associated with infrastructure projects that require long-term investment and scheduled redemptions will be subject to the approval of the Members in accordance with their constitutional powers, the General Debt Law, the Federal Law on Budget and the Hacendaria Accountability Act, as well as the other applicable budgetary provisions. As regards the principles to be contained in contracts, procurement and enforcement procedures, as well as the conditions for public dissemination, shall be addressed in accordance with this Law and the Federal Law on Transparency and Access to Government Public Information.

The owners of the agencies and the governing bodies of the entities will issue, under their responsibility and in accordance with this same order and the general guidelines that the Secretariat of the Civil Service will issue, the policies, bases and guidelines for the matters referred to in this article.

Dependencies and entities shall refrain from creating trusts, granting mandates or holding acts or any type of contract, which evades the provisions of this ordering.

Article 2.- For the purposes of this Law, the following definitions shall apply:

I.       Secretariat: the Secretariat of Finance and Public Credit;

II.     CompraNet: the electronic system of government public information on public works and services related to them, integrated among other information, by the annual programs in the field, of the dependencies and entities; the (a) the registration of registered contractors; the registration of sanctioned contractors; the calls for tenders and their modifications; invitations to at least three persons; the minutes of the clarification meetings; act of presentation and opening of proposals and of failure; the testimonies of social witnesses; data relating to contracts and amending agreements; direct awards; decisions of the instance of non-conformity which have caused state; and the corresponding notifications and notices. Such a system shall be for free consultation and shall constitute a means by which procurement procedures shall be developed.

The system shall be in charge of the Secretariat of the Civil Service, through the administrative unit to be determined in its Rules of Procedure, which establish the necessary controls to ensure the unalterability and preservation of the information contained therein;

III.     Dependencies: those referred to in Article 1 (I) to (III

;

IV.     Entities: those referred to in Article 1 (IV) and (V

;

V.      Treaties: conventions governed by public international law, concluded in writing between the Government of the United Mexican States and one or more subjects of International Public Law, whether or not for its application the conclusion of agreements on specific matters, whatever their name, through which the United Mexican States undertake commitments;

VI.     Contractor: the person who holds public works contracts or services related to them;

VII.   Tender: the person involved in any public tender procedure, or invitation to at least three persons;

VIII. Public works associated with infrastructure projects: the construction, extension or modification of immovable property directly intended for the provision of communications, transport, hydraulic, environment, tourism, education, health and energy;

IX.     Executive project: the set of plans and documents that make up the architectural and engineering projects of a work, the catalog of concepts, as well as the descriptions and information sufficient for it to be carried out;

X.      Architectural project: the one that defines the form, style, distribution and the functional design of a work. It shall be expressed by means of plans, models, perspectives, artistic drawings, among others;

XI.     Engineering project: the one that includes the constructive plans, calculations and descriptions, general and particular specifications applicable, as well as plants, poached, sections and details, that allow to carry out a work civil, electrical, mechanical or any other specialty, and

XII.   Federative entities: the States of the Federation and the Federal District, in accordance with Article 43 of the Political Constitution of the United Mexican States.

Article 3.- For the purposes of this Law, public works are considered the works that aim to construct, install, expand, adapt, remodel, restore, preserve, maintain, modify, and demolish real estate. The following concepts are also included in the public works:

I.        The maintenance and restoration of movable property incorporated or attached to a building, when it involves modification to the building itself;

II.     It is repealed.

III.    The integral projects, in which the contractor is obliged from the design of the work to its total completion, including, when required, the transfer of technology;

IV.      The work of exploration, location and drilling other than oil and gas extraction; improvement of soil and subsoil; desmounds; extraction and similar ones, which aim to exploit and develop the natural resources found on the ground or in the subsoil;

V.       Installation of artificial islands and platforms used directly or indirectly in the exploitation of natural resources;

VI.      The jobs of agricultural infrastructure;

VII.   The installation, assembly, placement or application, including the proof of operation of movable property to be incorporated, to join or to go to a building, provided that such goods are provided by the convenor to the contractor; or, when they include the acquisition and its price is less than that of the jobs that are contracted;

VIII. Those associated with infrastructure projects involving long-term investment and amortization programmed in the terms of this Law, in which the contractor is forced from the execution of the work, its implementation, maintenance and operation of the same, and

IX.     All those of a similar nature, unless their recruitment is specifically regulated by other legal provisions. It shall be for the Secretariat of the Civil Service, at the request of the dependency or entity concerned, to determine whether the work is based on the hypothesis of this fraction.

Article 4.- For the purposes of this Law, they are considered to be services related to public works, works intended to conceive, design and to calculate the elements of a public works project; research, studies, advice and consultancies that are linked to the actions that this Law regulates; the direction or supervision of the execution of the works and the studies that aim to rehabilitate, correct or increase the efficiency of the facilities. The following concepts are also included within the services related to public works:

I.        Planning and design, including works designed to design, design, project and calculate the elements that integrate a project of basic, structural, installations, infrastructure, industrial, electromechanical and any other engineering specialty that is required to integrate a public works executive project;

II.      Planning and design, including works designed to design, design, project and calculate the elements that make up an urban, architectural, graphic or artistic design project and any other specialty of the design, architecture and urbanism, which is required to integrate a public works executive project;

III.     Technical studies of agrology and livestock development, hydrology, soil mechanics, seismology, topography, geology, geodesy, geotechnics, geophysics, geothermal, oceanography, meteorology, aerofotogrammetry, environmental, ecological and traffic engineering;

IV.      Economic and pre-investment planning studies, technical economic, ecological or social feasibility, evaluation, adaptation, land tenure, financial, development and restoration of facilities efficiency;

V.       The works of coordination, supervision and control of work; of laboratory of analysis and quality control; of laboratory of geotechnics, of resistance of materials and industrial radiographs; of preparation of specifications of construction, budgeting or preparation of any other document or work for the award of the relevant contract;

VI.      The work of organizing, computing, communications, cybernetics and systems applied to the subjects that this Law regulates;

VII.    The opinions, opinions, guarantees and technical audits, and studies applicable to the matters covered by this Law;

VIII.   Studies aimed at rehabilitating, correcting, replacing or increasing the efficiency of installations in a real estate;

IX.      Studies of technological support, including development and technology transfer among others, and

X.       All those of a similar nature.

Article 5.- The application of this Law shall be without prejudice to the provisions of the Treaties.

Article 6.- It will be the responsibility of the dependencies and entities to maintain adequate and satisfactory insured public works from the moment of their receipt.

Article 7. Repeals.

Article 8. The Secretariat, the Secretariat of the Economy and the Secretariat of the Civil Service, in the field of their respective competencies, will be empowered to interpret this Act for administrative purposes.

The Secretariat of the Civil Service will dictate the administrative provisions that are strictly necessary for the proper implementation of this Law, taking in the opinion of the Secretariat and, where appropriate, the opinion of the Secretariat of the Economy. The general provisions shall be published in the Official Journal of the Federation.

The Secretariat of the Civil Service, within the scope of its powers, will be in charge of establishing the guidelines according to which the profiles of position of the relevant public servants in the field of public procurement, as well as those relating to training for the proper performance of their functions in the matters referred to in this Law.

Article 9. In accordance with the provisions of this Law and the others that emanate from it, the Secretariat of Economy will dictate the rules to be observed by the dependencies and entities resulting from programmes aimed at promoting the participation of national enterprises, in particular micro, small and medium-sized enterprises.

For the purpose of issuing the rules referred to in the preceding paragraph, the Secretariat of the Economy shall take into account the views of the Secretariat and the Secretariat of the Public Function.

Article 10.- In the field of public works and related services, the owners of the agencies and the governing bodies of the entities will be those responsible for the adoption and implementation of the actions to be carried out in compliance with this Law, criteria that promote modernization and administrative development, the decentralization of functions and the effective delegation of powers.

The powers conferred by this Law on the owners of the premises may be exercised by the holders of their unconcentrated organs, subject to prior agreement. delegatory.

Article 11.- It is up to the dependencies and entities to carry out the procedures to contract and execute the public works and services related to the same, so that in no case can services be hired so that the works or services in question are contracted by their account and order.

Article 12. In the case of public works and services related to the same financed with funds from external credits granted to the government (a) the procedures, requirements and other arrangements for their recruitment shall be established, with the opinion of the Secretariat, by the Secretariat of the Civil Service, or with their guarantee by regional or multilateral financial bodies; applying the provisions of this Law and must be specified in the the corresponding calls, invitations and contracts.

Article 13. They shall be in addition to this Law and the other provisions resulting from it, as appropriate, the Federal Civil Code, the Federal Law of Administrative Procedure and the Federal Code of Civil Procedures.

The above without prejudice to the provisions of Article 79 of this Law.

Article 14.- When by the special conditions of the public works or the services related thereto, the intervention of two or more institutions or entities, each of them shall be responsible for the execution of the part of the work that corresponds to it, without prejudice to the responsibility which, by reason of their respective powers, has the responsibility of the planning and programming of the set.

In the conventions referred to in Article 1 (VI) of this Law, the terms for the coordination of the actions between the entities shall be established. The corresponding federatives and dependencies and entities.

Article 15. The acts, contracts, and agreements that the agencies and entities perform or celebrate in contravention of the provisions of this Law shall be null and void. determination of the competent authority.

The resolution of the controversies will be subject to the provisions of Title Seventh of this Law, without prejudice to the provisions of the treaties to which Mexico is a party.

Article 16.- Contracts concluded abroad with respect to public works or services related to the same as those that must be executed or rendered outside of the national territory, shall be governed by the law of the place where the act is formalized, applying the provisions of this Law.

Where works and services have been executed or rendered in the country, their procurement procedure and contracts shall be carried out within the territory of the country national.

In the case referred to in the preceding paragraph, where it is previously established that the procurement procedure and the contracts cannot be carried out within the national territory, in accordance with the provisions of this Law, works and services may be contracted abroad, applying the principles laid down by it.

In the cases provided for in the first and third paragraphs of this article, in order to prove the application of the principles laid down by this Law, both the justification for the selection of the contractor, as well as for the works or services to be hired and the price of the contractor, depending on the circumstances in each case, must be based on criteria of economy, efficiency, efficiency, impartiality, honesty and transparency that will ensure the best conditions for the State, which it shall consist in a letter signed by the holder of the contracting area, and the opinion of provenance of the procurement shall be authorised by the holder of the dependency or entity, or the public servant in whom the latter delegate that function. In no case shall the delegation be placed on a public server with a lower level than the director general at the premises or its equivalent in the entities.

TITLE SECOND

OF PLANNING, PROGRAMMING, AND BUDGETING

The Title is repealed (new Title Second relocated from article 27).

UNIQUE CHAPTER

The Chapter is repealed.

Article 17. In the planning of public works and services related to the same as those that are intended to be performed by the subjects referred to in the fractions I a VI of Article 1 of this Law, must conform to:

I.        The provisions of the General Law on Human Settlements;

II.      The objectives and priorities of the National Development Plan and of the corresponding sectoral, institutional, regional and special programmes, as well as the forecasts contained in their annual programmes, and

III.    The objectives, goals and forecasts of resources established in the Federation's Government Budget or, where appropriate, to the budget for hiring that public trusts that are not considered to be parastatal entities for the corresponding exercise.

Article 18. Dependencies or entities that require hiring or performing studies or projects will previously verify in their files the existence of jobs on the matter in question.

In the event that the existence of such works is noticed and it is found that the same work satisfies the requirements of the entity or dependency, the procurement, with the exception of those jobs that are necessary for their adequacy, update or complement.

The entities shall send their sector coordinator a brief description of the subject matter of the contracts which they hold in these matters, as well as their products.

Service contracts relating to public works may only be concluded where the areas responsible for their implementation are not in quantitative or quantitative qualitatively of the elements, facilities and personnel to be carried out, which shall be justified by the opinion which the holder of the area responsible for the work issues for this purpose.

Any person, federative entities and municipalities may promote and submit to consideration of the dependencies and entities, studies, plans and programs for the development of projects, providing sufficient information to enable their feasibility, without generating rights or obligations to the same dependencies and entities.

The studies, plans and programmes for the realization of public works associated with infrastructure projects of the sectors communications, transport, hydraulic, the environment, tourism, education, health and energy must meet the requirements laid down by the general provisions of the relevant sector, in the field of their respective competences.

The dependencies and entities shall carry out the analysis of the studies, plans or programmes associated with infrastructure projects, in order to determine their feasibility in accordance with the provisions referred to in the preceding paragraph, as well as their congruence with the National Development Plan and the corresponding programmes.

The agencies and entities shall also notify the person of the studies, plans or programmes referred to in the preceding paragraph, of their approval, refusal or, in where appropriate, the observations which they make in relation to the latter, within a period not exceeding six months from the date of submission of the study, plan or programme concerned, without any recourse being made against this determination. In case the dependencies and entities do not respond in the indicated term, the study, plan or program presented shall be rejected.

Regarding the proposed studies, plans or programs, the dependency or in the case of entities, the coordinating dependency of the respective sector assess, within that period, the conditions and times for the development of the additional studies required, in order to have the corresponding project.

Article 19.- Dependencies and entities that perform public works and services related to them, either by contract or by direct administration, as such as the contractors with whom they hire, they will observe the provisions on human settlements, urban development and construction at the federal, state and municipal level.

The dependencies and entities, where appropriate, prior to the performance of the work, must process and obtain from the competent authorities the opinions, permits, licenses, rights of material banks, as well as property or property rights including rights of way and expropriation of buildings on which public works will be executed, or in their case the rights granted by who can legally dispose of them. The invitation to tender shall specify, where appropriate, the formalities to be carried out by the contractor.

Article 19 Bis. Without prejudice to the second paragraph of the previous article, the unit or entity may establish in the call that the Bidders shall be responsible for managing the acquisition of the real estate or the constitution of the actual rights that they correspond to, which are necessary for the execution of the public works.

In any case, the call should always consider the amounts necessary to cover the acquisition of the real estate, property and rights, taking care that it does not generate undue advantages to the bidders who may be previously owners of the real estate or rights intended for the execution of the project.

Article 20. Dependencies and entities shall be obliged to consider the effects on the environment that may cause the execution of public works with sustenance in the environmental impact assessment provided for by the General Law of Ecological Balance and Environmental Protection. The projects must include the necessary works to ensure that environmental conditions are preserved or restored in an equivalent manner when the environmental conditions are in place and the intervention of the Environment Secretariat will be given. Natural resources, and to the agencies and entities that have powers in the matter.

Article 21.- The dependencies and entities according to the characteristics, complexity and magnitude of the work will be formulated by their annual programs of public works and services related to those services and those covering more than one budget year, as well as their respective budgets, considering:

I.        The pre-investment studies required to define the technical, economic, ecological and social feasibility of the work;

II.      Short, medium and long-term goals and goals;

III.     The previous actions, during and after the execution of the public works, including, where appropriate, the main works, the infrastructure, the complementary and ancillary, as well as the actions to put those in service;

IV.      The environmental, climatic and geographical characteristics of the region where the public works are to be performed;

V.       The rules applicable in accordance with the Federal Law on Metrology and Standardisation or, in the absence thereof, international standards;

VI.      The predictable results;

VII.    The coordination that is necessary to resolve potential interference and avoid duplication of public services or disruption;

VIII.   The physical and financial calendarisation of the resources necessary for the performance of studies and projects, the execution of the work, as well as the costs of operation;

IX.      The units responsible for their execution, as well as the expected dates of initiation and termination of the work;

X.       The investigations, advice, consultancies and studies that are required, including the necessary architectural and engineering projects;

XI.      The acquisition and regularization of land tenure, as well as obtaining the necessary building permits;

XII.    The execution, which must include the estimated cost of the public works and services related to the same that are performed by contract and, in the case of direct administration, the costs of the necessary resources; the conditions for the supply of materials, machinery, equipment or any other accessories related to the work; the charges for testing and operation, as well as the indirect works;

XIII.   The maintenance work of the real estate in charge;

XIV.    The permissions, authorizations, and licenses that are required;

XV.     Any public installation shall ensure accessibility, evacuation, free transit without architectural barriers, for all persons; and must comply with the design and signalling standards to be issued, in facilities, circulations, health services and other similar facilities for persons with disabilities, and

XVI.    The other forecasts and features of the jobs.

Article 22. Dependencies and entities shall make available to the general public, through the CompraNet and its website, no later than 31 (a) January of each year, its annual programme of public works and related services corresponding to the fiscal year concerned, with the exception of that information which, in accordance with the applicable provisions, is nature reserved or confidential, in the terms laid down in the Federal Law of Transparency and Access to Government Public Information.

The public works and services contained in the said program may be added, modified, suspended or cancelled, without any responsibility for the the dependency or entity concerned, and must inform the Secretariat of the Civil Service and update the programme on a monthly basis in CompraNet.

Article 23.- In public works and related services, the execution of which is based on a budgetary year, the dependencies or entities shall be to determine both the total budget and the financial year in question; in the formulation of the budgets for subsequent years, in addition to considering the costs which, at the time, are in force, must be taken into account the forecasts required for the cost adjustments and conventions that ensure the continuity of the jobs.

The updated budget will be the basis for requesting the allocation of each subsequent budget year.

The approved budget allocation for each contract will serve as the basis for granting, as the case may be, the percentage agreed upon by way of advance.

For the purposes of this article, the agencies and entities shall observe the provisions of Article 50 of the Federal Law on Budget and Accountability. Information about these contracts will be disseminated through CompraNet.

Article 24. Planning, scheduling, budgeting, and the expense of the works and services related thereto shall be subject to the provisions specific to the Federation's Government Budget, as well as the provisions of the Federal Law on Budget and Accountability and other applicable provisions and the resources to be used for this purpose will be managed efficiently, effectively, economy, transparency, honesty and impartiality to satisfy the targets to which they are intended.

Dependencies and entities, under their responsibility, may convene, award or contract works and services related to them, from their budget authorized and subject to the corresponding spending schedule.

In exceptional cases, prior to the authorization of its budget, the agencies and entities may ask the Secretariat for approval to convene, adjudicate, and formalize contracts whose validity starts in the tax year following that in which they are formalised. These contracts will be subject to the budgetary availability of the year in which they are scheduled to take effect, so their effects will be conditional on the existence of the respective budgetary resources, without the (i) the implementation of the said suspensory condition for the parties to be held. Any covenant contrary to the provisions of this paragraph shall be deemed null.

For the performance of public works it will be necessary to have the studies and projects, specifications of construction, quality standards and the program of execution fully completed, or, in the case of public works of great complexity, with an advance in its development that allows the bidders to prepare a solvent proposition and to execute the works until their conclusion in an uninterrupted way, in agreement with the agreed implementation programme. Except for the cases referred to in Sections II, V and VIII, except for maintenance work, Article 42 of this Law shall be exempt from the foregoing.

The provisions of the preceding paragraph shall be the responsibility of the public servants who authorize the executive project.

Article 25. The owners of the agencies and governing bodies of the entities, taking into account the amount of public works and services related to the same as they do, they shall establish public works committees for the cases established by this Law, which shall have at least the following functions:

I.     Review the program and budget of public works and related services, as well as their modifications, and formulate appropriate observations and recommendations;

II.   Dictate the projects of policies, bases and guidelines on public works and related services with the same ones that present them, as well as submit them to the consideration of the holder of the dependency or the governing body of the entities; where appropriate, to authorize the assumptions not provided for in the cases;

III. Ruling, prior to the initiation of the procedure, on the provenance of not holding public tenders because they are in any of the exceptions provided for in Article 42 of this Law;

IV.   Authorize, when justified, the creation of public works subcommittees, as well as approve the integration and operation of public works;

V.    Develop and approve the committee's integration and functioning manual, in which the following bases should be considered at least:

a) It will be chaired by the Chief Officer or equivalent;

(b) The titular vowels must have a minimum hierarchical level of general manager or equivalent;

c) The total number of Committee members should be odd, who invariably they shall vote in each of the cases to be taken into consideration;

d) The legal area and the internal control body of the dependency or entity shall to attend meetings of the Committee, as an adviser, with a voice but without a vote, with a reasoned opinion on matters known to the Committee. The titular advisors may not have a hierarchical level lower than the director general or equivalent, and

e) The Committee shall give its opinion in the same session on matters which are presented to it consideration; the Regulation of this Law shall establish the basis upon which the committees may exceptionally rule on matters in a subsequent session.

Members of the Committee entitled to voice and vote, as well as their advisors, may designate in writing to their respective alternates, who shall not have a lower hierarchical level than the area manager;

VI.   To assist in compliance with this Law and other applicable provisions, and

VII.             Analyse quarterly the report of the conclusion and overall results of the hiring and, where appropriate, recommend the necessary measures to verify that the program and budget of works and services are execute in time and form, as well as propose measures to improve or correct their procurement and enforcement processes.

The owners of the premises may authorise the creation of committees in unconcentrated organs, when the quantity and amount of their operations or characteristics of their functions so warrant.

The Secretariat of the Civil Service may participate as an advisor to the committees and subcommittees referred to in this article, and to give a reasoned opinion when issuing the his views.

Article 26.- Dependencies and entities will be able to perform public works and services related to them by either of the following two ways:

I.        By contract, or

II.      By direct administration.

TITLE SECOND

OF THE PROCUREMENT PROCEDURES

CHAPTER FIRST

GENERALATIONS

Article 27. The dependencies and entities will select from the procedures listed below, which according to the nature of the procurement ensures the best available conditions for the State in terms of price, quality, financing, opportunity and other relevant circumstances:

I.       Public tender;

II.     Invitation to at least three people, or

III.    Direct Award.

Public works contracts and related services shall, as a general rule, be awarded by means of public tenders, by means of a call for tenders. public, so that free proposals are presented in the closed, which will be publicly opened.

The same requirements and conditions for all participants must be laid down in the procurement procedures, with the dependencies and entities provide all interested parties with equal access to information related to such procedures, in order to avoid favouring any participant.

The conditions contained in the invitation to tender and invitation to at least three persons and in the proposals submitted by the bidders may not be negotiated, without prejudice to the possibility that the convener may request the lawful clarifications or additional information in the terms of Article 38 of this Law.

The public tender starts with the publication of the call and, in the case of invitation to at least three persons, with the delivery of the first invitation; both procedures conclude with the issuance of the judgment and the signature of the contract or, where appropriate, the cancellation of the respective procedure.

The bidders may submit only one proposal in each procurement procedure; initiate the act of presentation and opening of proposals, submitted may not be withdrawn or left without effect by the bidders.

The acts of the public tender procedure and invitation to at least three persons may be attended by any person as an observer under the condition to register their attendance and refrain from intervening in any form on them.

The Economic Secretariat, by means of general rules and taking into account the opinion of the Secretariat of the Civil Service, will determine the criteria for the application of the reserves, transition mechanisms or other assumptions established in the treaties.

Article 27 Bis. In public tenders, the amount of which is based on the equivalent of ten million days of general minimum wage in the Federal District and In cases determined by the Secretariat of the Civil Service, taking into account the impact that the procurement has on the substantive programs of the agency or entity, social witnesses shall participate according to the following:

I.     The Secretariat of the Civil Service shall be responsible for the public register of social witnesses, who shall participate in all stages of the procedures of public bidding, referred to in this Law, with a voice and shall give a testimony final which will include its comments and recommendations, which will be disseminated on the electronic page of each dependency or entity, in CompraNet and will be integrated into the respective file.

II.   The social witnesses will be selected by public call, issued by the Secretariat of the Civil Service.

III.   The Secretariat of the Civil Service, shall demonstrate as social witnesses those persons who meet the following requirements:

a) Being a Mexican citizen in exercise of his or her rights or a foreigner whose condition migration allows the function to be developed;

b) When it is a non-governmental organization, credit it is found constituted in accordance with applicable legal provisions and which is not for profit;

c) Not having been sentenced with custodial sentence;

d) Not being an active public servant in Mexico and/or abroad. Likewise, not having been a Federal public servant or a Federative Entity for at least one year prior to the date on which your application is submitted to be accredited;

e) Not being sanctioned as a public server, be it Federal, State, Municipal, or by competent authority abroad;

f) Pressing curriculum in which academic degrees are credited, the specialty the work experience and, where appropriate, teaching experience, as well as the recognition that it has received at the academic and professional level;

g) Attend to the training courses provided by the Secretariat of the Civil Service on this Law and Treaties, and

h) Present written demonstration under protest to tell truth that he will abstain from participate in contracts where there is a conflict of interest, either because the bidders or the public servants involved in the contracts have academic, business or family links.

IV.    Social witnesses will have the following functions:

a) Propose the Public Service Department, entities, and dependencies improvements to strengthen transparency, impartiality and legal provisions on public works and related services;

b) Follow up on the establishment of the actions that were recommended their participation in the procurement, and

c) Issue at the end of your participation the corresponding testimony of which issue a copy to the Secretariat of the Civil Service. Such testimony shall be published within ten calendar days of its participation on the website of the appropriate dependency or entity.

In case the social witness detects irregularities in the procurement procedures, he/she must submit his/her testimony to the complaints area of the internal organ of the control of the agency or entity calling and/or the Commission of Surveillance of the Chamber of Deputies of the Congress of the Union.

The participation of social witnesses may be excepted in cases where the procurement procedures contain classified information as reserved putting national, public or national security at risk in the terms of the applicable legal provisions.

The Regulation of this Law will specify the amounts of consideration to the social witness based on the importance and budget allocated to the procurement.

Article 28. In public tenders, electronic means may be used, in accordance with the administrative provisions issued by the Secretariat of the Function Public. The foregoing, without prejudice to the possibility that the bidders may choose to present their proposals in writing during the act of presentation and opening of proposals.

The proposals submitted must be signed by the bidders or their proxies, in the event that they are sent through remote means of electronic communication, in place of the autograph signature, means of electronic identification, which will produce the same effects that the laws give to the corresponding documents and, consequently, will have the same value evidentiary.

In the event that the bidders opt for the use of these means to send their proposals, this does not limit their participation in the different acts derived from the tenders.

The Secretariat of the Civil Service shall operate and be responsible for the system of certification of the electronic means of identification using the dependencies, entities or bidders and shall be responsible for exercising control of these means, safeguarding the confidentiality of the information referred to in this way.

The Secretariat of the Civil Service may accept the certification or electronic identification granted by the agencies and entities, the federal entities, municipalities and public authorities of each other, as well as third parties empowered by competent authority in the field, where the certification systems used comply with the provisions of the Secretariat of the Civil Service.

The envelope containing the proposal of the bidders shall be delivered in the form and means provided for in the call for competition.

Article 29.- In the procedures for the procurement of public works and related services, the agencies and entities shall choose, on equal terms conditions, employment of the human resources of the country and the use of goods or services of national origin and the region's own resources, without prejudice to the provisions of the treaties.

CHAPTER SECOND

OF THE PUBLIC TENDER

Article 30. The character of public tenders, will be:

I.     National, in which only persons of Mexican nationality may participate, because they are below the thresholds provided for in the treaties, or when they have been exceeded, the corresponding reservation has been made;

II.   International under the cover of treaties, where it is mandatory in accordance with the provisions of the treaties and in which only Mexican and foreign legal persons from countries with whom we have concluded a treaty of free trade with government procurement, or

III. Open international, in which Mexican and foreign legal persons can participate, whatever their nationality, even if our country has no free trade agreements with their country of origin, when:

a) Prior investigation to be made by the calling entity or entity, the National contractors do not have the capacity to carry out the work or be suitable in terms of price;

b) Having one of a national character, no proposals are submitted, and

c) So be stipulated for hiring funded with external credits awarded the Federal Government or with its endorsement.

In the case of tenders referred to in this section, participation shall be refused foreigners when their country does not grant reciprocal treatment to Mexican bidders, contractors, goods or services.

In public tenders, the incorporation of materials, machinery and equipment of permanent national installation may be required, due to the percentage of the value of the works to be determined by the convener. At least thirty percent of the national labour force must be incorporated, without prejudice to the provisions of international treaties.

Article 31. The call for public tender, in which the bases on which the procedure will be developed will be established and in which they will be described the requirements for participation, shall contain:

I.         The name, name, or social reason for the calling entity or entity;

II.        The indication of whether the invitation to tender is national or international; and if it is international, whether or not it will be carried out under the cover of the public sector purchasing chapter of some treaty, and the language or languages, in addition to the Spanish, in the proposals may be submitted;

III.      The general description of the work or service and the place where the work will be carried out;

IV.       The percentages, form and terms of the advances to be granted;

V.         Deadline for execution of the given work on calendar days, indicating the estimated start date of the work;

VI.       Currency or coins in which the proposals may be submitted. In cases where the contribution is made in foreign currency, it must be established that the payment to be made in the national territory shall be made in national currency and the exchange rate of the date on which the payment is made, as well as the mechanism and review periods;

VII.      The payment terms according to the type of contract to be concluded;

VIII.    The indication that, where appropriate, the proposals may be submitted by electronic means, specifying the terms and conditions for this;

IX.       Where appropriate, place, date and time for the visit or visits to the site of the work, which shall be carried out within the period from the fourth calendar day following that in which the call is published and the sixth calendar day prior to the act of presentation and opening of proposals;

X.         The date, time and place of the first meeting of clarifications to the invitation to tender, with the option of attending meetings which, if any, are carried out;

XI.       The dates, times and places of celebration of the act of presentation and opening of proposals; communication of the failure and signature of the contract;

XII.      The indication that in order to intervene in the act of presentation and opening of proposals it will be sufficient for the bidders to submit a letter in which their signatory manifests, in protest of telling the truth, that it has sufficient powers to be committed by itself or by its representation, without it being necessary to accredit its legal personality;

XIII.    The manner in which the bidders must prove their legal existence and legal personality, for the purposes of the subscription of the proposals and, where appropriate, the signing of the contract. Also, the indication that the tender must provide an e-mail address, in the event of the email address;

XIV.     The indication that persons who are in the cases of Articles 51 and 78 of this Law may not participate;

XV.       The indication that the persons referred to in the second paragraph of section VII of Article 51 of this Law, who intend to participate in the procurement procedure for the execution of a work, manifest under protest of saying truth that the studies, plans or programs that you have previously carried out, include assumptions, specifications and veridic information and are in accordance with the actual requirements of the work to be performed, as well as that, if necessary, consider estimated costs attached to market conditions;

In the event that the event has been carried out with falsehood, the tender shall be sanctioned to Title Sixth of this Law;

XVI.     The way in which the bidders will accredit their experience and technical and financial capacity that is required to participate in the tender, according to the characteristics, complexity and magnitude of the works;

XVII.    architectural and engineering projects that are required to prepare the proposal; quality standards for the applicable general and particular construction materials and specifications, in the case of particular specifications; they must be signed by the project manager;

XVIII. With regard to services related to public works, the terms of reference to be specified by the object and scope of the service; the general and particular specifications; the expected product, and the form of presentation, as well as Tabulators of industrial chambers and colleges of professionals to be used as a reference for determining the professional salaries and fees of technical personnel;

XIX.     Relation of permanent installation materials and equipment which, if necessary, provides the convener, and must accompany the corresponding supply programmes;

XX.       Where appropriate, the indication of the percentage of national content of the value of the work to be fulfilled by the bidders in permanent installation materials, machinery and equipment, which would be used in the execution of the works;

XXI.     Specific information about the parts of the jobs that can be outsourced;

XXII.    Clear and detailed criteria for the evaluation of proposals and the award of contracts, in accordance with the provisions of Article 38 of this Law;

XXIII. The identification of the express causes of disposal, which directly affect the solvency of the proposals, including the verification that some legal tender has agreed with another or others to raise the cost of the works; or any other agreement that is intended to gain an advantage over the other bidders;

XXIV.   The percentage, form, and terms of the warranties to be granted;

XXV.     Model of contract to which the parties shall be subject to the invitation to tender, which shall contain the requirements referred to in Article 46 of this Law;

XXVI.   The indication that the winning bidder who does not sign the contract for reasons attributable to it will be sanctioned under the terms of Article 78 of this Law;

XXVII. The cost adjustment procedure to be applied, depending on the type of contract;

XXVIII.       With regard to the type of contract, the information necessary for the bidders to integrate their technical and economic propositions. In the event that there is information that cannot be provided through CompraNet, the indication that it will be available to those interested in the address indicated by the convener;

XXIX.   The relationship of documents that the bidders will have to integrate with their proposals, taking into account the type of contract, as well as the characteristics, magnitude and complexity of the works.

XXX.     The address of the offices of the Secretariat of the Civil Service or of the governments of the federal authorities, or, where appropriate, the electronic means in which they may be present, in accordance with the provisions of Article 84 of the Treaty. Present Law;

XXXI.   Specify that it will be a requirement for the bidders to present a declaration of integrity, in which they manifest, in protest of telling the truth, that by themselves or through an interposite person, they will refrain from adopting behaviors, so that the public servants of the dependency or entity, induce or alter the assessments of the proposals, the outcome of the procedure, or other aspects that grant more advantageous terms to the other participants; and

XXXII. The other general requirements which, due to the characteristics, complexity and magnitude of the work, must be met by the stakeholders, specifying how they will be used in the assessment.

For the participation, award or procurement of public works or services related thereto, requirements may not be established for the purpose or to limit the process of competition and free competition. In no case shall it be necessary to lay down conditions or conditions impossible to comply with. The relying entity or entity shall take into account any previous recommendations issued by the Federal Competition Commission, in terms of the Federal Economic Competition Act.

Prior to the publication of the call for public tender whose estimated procurement budget exceeds ten thousand times the general minimum wage in the Federal District raised a month, the draft notice must be disseminated through CompraNet, at least for ten working days, during which time these will receive the relevant comments in the electronic address that for this purpose is pointed out.

In the case of tenders for which the amount is lower than the one set out in the preceding paragraph, the prior publication of the calls shall be optional for the premises and entities.

The comments and opinions received on the draft notice will be analyzed by the agencies and entities in order to consider them for enrich the project.

Article 32. The publication of the call for public tender will be made through CompraNet and its procurement will be free. In addition, a summary of the invitation to tender, which shall contain, inter alia, the subject-matter of the invitation to tender, the volume of work, the number of tenders, shall be sent simultaneously for publication in the Official Journal of the Federation. tendering, the dates foreseen for carrying out the procurement procedure and when published in CompraNet and also the convener shall make available to the tender copies of the text of the call.

Article 33. The time limit for the submission and opening of proposals for international invitations to tender may not be less than 20 calendar days, from the date of publication of the call in CompraNet.

In national invitations to tender, the time limit for the submission and opening of proposals shall be at least 15 calendar days from the date of publication of the call.

When the time limits indicated in this article cannot be observed because there are duly substantiated reasons for the file for the requesting area the work, provided that this does not aim to limit the number of participants, the holder of the area responsible for the procurement may reduce the time limits to no less than ten calendar days from the date of publication of the call.

The determination of these deadlines and their changes must be in accordance with the planning and programming previously established.

Article 34. Dependencies and entities, provided that this is not intended to limit the number of bidders, may modify aspects established in the call, not later than the seventh calendar day prior to the act of presentation and opening of proposals, and shall disseminate those amendments to CompraNet, no later than the working day following that in which they are carried out.

The convener must make at least one board of clarifications to the call for the invitation to tender, being optional for the bidders the assistance to the same. If changes are to be made, they may not in any case consist of the substantial replacement or variation of the work originally called, or the addition of other works.

Any modification to the call for tender, including those resulting from the or the clarification boards, shall form part of the call and shall be considered by the bidders in the elaboration of their proposal.

Article 35. For the clarification board the following will be considered:

The act shall be chaired by the public servant appointed by the convener, who shall be assisted by a representative of the requesting area of the proceedings, that the doubts and approaches of the bidders related to the aspects contained in the call are resolved in a clear and precise manner.

The persons intending to request clarification of the aspects contained in the call must submit a letter, in which they express their interest in participating in the tender, in itself or on behalf of a third party, stating in all cases the general data of the person concerned and, where appropriate, of the representative.

Applications for clarification may be delivered personally to the board of clarifications, or sent via CompraNet, as appropriate, at the latest 24 hours before the date and time the meeting is to be held.

At the end of each board of clarifications, the date and time for the conclusion of subsequent meetings may be noted, considering that between the last of these and the act of presentation and opening of proposals must be at least six calendar days. If necessary, the date indicated in the call for the presentation and opening of proposals may be deferred.

For each clarification board, the minutes shall be drawn up in which the questions raised by the persons concerned and the replies of the convener shall be recorded. This circumstance shall be expressly stated in the minutes corresponding to the last meeting of clarifications.

Article 36. The delivery of proposals will be made in the envelope. The documentation other than the technical and economic proposal may be delivered, at the choice of the tender, in or out of the said envelope. In the case of proposals submitted through CompraNet, the envelopes will be generated by the use of technologies that protect the confidentiality of the information in such a way that they are inviolable, according to the technical provisions that To this effect, establish the Secretariat of the Civil Service.

Two or more persons may jointly present proposals without the need to constitute a society, or new society in the case of moral persons, provided that, for such effects, in the proposal and in the contract are established precisely and to the satisfaction of the dependency or entity, the parts of the works that each person will be required to execute, as well as the way in which the fulfillment of the obligations. In this case the proposal must be signed by the common representative who for that act has been designated by the group of persons, either automatically or by means of electronic identification authorized by the Secretariat of the Service Public.

When the winning proposition of the tender has been jointly submitted, the contract must be signed by the legal representative of each of the persons participating in the proposal, to whom it shall be deemed, for the purposes of the procedure and the contract, to be jointly and severally liable, as laid down in the contract itself.

The above, without prejudice to the fact that the persons who make up the joint proposition can be constituted in a new society, in order to fulfill the obligations provided for in the joint proposal agreement, provided that the responsibilities of the joint venture are maintained in the new company.

The acts, contracts, agreements or combinations which the tenderers carry out at any stage of the tendering procedure shall comply with the provisions of the Federal Law on Economic Competition in the field of monopolistic practices and concentrations, without prejudice to the fact that the agencies and entities determine the requirements, characteristics and conditions of the same in the field of their privileges. Any bidder or the convener may make the knowledge of the Federal Competition Commission, facts of the law, to resolve the conduct.

In order to facilitate procurement procedures, the convenors shall carry out preliminary reviews of the specialty, expertise and capacity of the (a) to ensure that they are registered in the single register of contractors referred to in Article 74 of this Law, as well as of the documentation other than the technical and economic proposal, in accordance with the provisions of the This Law. In no case shall it be possible to prevent access to those who are not registered in that register, and the tenderers concerned may submit their proposals directly in the act of presentation and opening of them.

In all cases, the expertise, experience and technical capacity of the stakeholders should be preferred, as well as those contractors with a history of satisfactory compliance with the contracts subject to this Law. Similarly, this criterion will apply to bidders submitting joint proposals.

Article 37. The act of presentation and opening of proposals shall be carried out on the day, place and time provided for in the call for competition, as the following:

I.     Once the proposals have been received in the closed, they shall be opened, with the documentation presented, without this implying the evaluation of their contents;

II.   From among the bidders who have attended, these will elect one, who will jointly with the public servant that the dependency or entity designates, will be the subject of the parts of the proposals that have previously been determined by the convener in the call for tenders, which for these purposes shall be documented, and

III. The minutes shall be drawn up, which shall serve as a record of the holding of the act of presentation and opening of the proposals, in which the amount of each of them shall be recorded; the date and time of the decision of the Court of the invitation to tender, the date to be included within the 30 calendar days following that laid down for this act and may be deferred, provided that the new period laid down does not exceed 30 calendar days from the date of time originally set for failure.

Article 38. The dependencies and entities to evaluate the proposals must verify that the proposals meet the requirements requested in the call to tender, for this purpose, the convener must establish the procedures and the clear and detailed criteria for determining the solvency of the proposals, depending on the characteristics, complexity and magnitude of the jobs to be performed.

Taking into account the characteristics of each work or service, it will be possible to determine the appropriateness of using the mechanism of points and percentages to evaluate the proposals. In the procedures for the use of such a mechanism, a weighting should be laid down for persons with disabilities or the undertaking which has disabled workers at least five per cent of the total. all of its employees ' plant, whose high in the Mexican Social Security Institute's mandatory regime has been given six months in advance of the act of presentation and opening of proposals, which will be checked with the notice of discharge corresponding.

The conditions which are intended to facilitate the presentation of the proposals and to speed up the conduct of the acts of the invitation to tender, as well as any other a requirement whose non-compliance, by itself, or deficiency in its content does not affect the solvency of the proposals, shall not be subject to assessment, and shall not be established. Failure by the parties to comply with those conditions or requirements shall not be a reason to discard their proposals.

Where the convening area has a need to request the tender for the relevant clarifications, or provide additional information to carry out the correct assessment of the the proposals, such communication shall be made as indicated by the Regulations of this Law, as long as it does not imply any alteration to the technical or economic part of its proposal.

Once the evaluation of the proposals has been made, the contract will be awarded from among the bidders, to the one whose proposal is solvent because it gathers, according to the award criteria laid down in the call for competition, the legal, technical and economic conditions required by the convener, and therefore ensures compliance with the respective obligations.

If I find that two or more propositions are solvent because they satisfy all the requirements requested by the convener, the contract will be awarded to Who submits the proposal to ensure the best conditions available for price, quality, financing, opportunity and other relevant circumstances.

In public tenders that have the participation of a social witness, he must invariably be invited to the same. A representative of the internal control body of the unit or entity concerned shall also be convened.

Article 39. The convener will issue a failure, which must contain the following:

I.     The list of bidders whose proposals were discarded, expressing all the legal, technical or economic reasons that support such a determination and indicating the points of the call that in each case are violated;

II.   The list of bidders whose proposals were solvent, generally describing these proposals. The solvency of the proposals shall be presumed, where no non-compliance is expressly stated. In the case of having used the mechanism of points and percentages to evaluate the proposals, a listing of the components of the score of each bidder will be included, according to the qualified categories that were established in the call;

III. Name of the tender to whom the contract is awarded, indicating the reasons for the award, according to the criteria provided for in the call, as well as the total amount of the proposal;

IV.   Date, place and time for the signature of the contract, the presentation of guarantees and, where applicable, the delivery of advances, and

V.    Name, position and signature of the public servant issuing it, pointing out its powers in accordance with the legal systems governing the convenor. It shall also indicate the name and position of those responsible for the assessment of the proposals.

If the tender is declared deserted, the reasons that motivated it will be noted in the ruling.

The judgment shall not include any confidential or confidential information in the terms of the applicable provisions.

The public board shall make known the failure of the tender, to which the tenderers who have submitted proposals may attend freely, giving them copies thereof and the respective minutes are raised. Likewise, the content of the judgment will be disseminated through CompraNet on the same day it is issued. Bidders who have not attended the public meeting will be emailed a notice informing them that the act of failure is at their disposal in CompraNet.

With the notification of the judgment in which the contract is awarded, the obligations arising therefrom shall be enforceable, without prejudice to the obligation of the parties to sign it on the date and terms indicated in the failure.

When the existence of an arithmetical, typing or other nature error is noted in the judgment, it does not affect the outcome of the assessment carried out by the convener, within five working days of his notification and provided that the contract has not been signed, the holder of the area responsible for the procurement procedure shall proceed to his/her correction, with the intervention of his/her superior hierarchical, clarifying or correcting the same, by means of the (a) the Commission shall, in accordance with Article 5 (2) of Regulation (EU) No No 2, provide the Commission with the necessary information to ensure that the competent authorities of the Member State concerned are not in a position to take the necessary measures. the same to the internal control body within five working days after the date of its signature.

If the error made in the failure is not subject to correction in accordance with the provisions of the preceding paragraph, the responsible public servant shall immediately give an opinion the internal control body, to the effect that, upon ex officio intervention, the guidelines for their replacement are issued.

When the ruling is not made public on the public board referred to in the fourth paragraph of this article, the content of the same will be disseminated through CompraNet the same the day on which it is issued, for the purposes of its notification to the bidders. The bidders will be emailed a notice informing them that the ruling is at their disposal in CompraNet.

Against the ruling will not proceed any recourse; however the inconformity will proceed in terms of Title Seventh, Chapter First of this Law.

Article 39 Bis. The minutes of the summary meetings, the act of presentation and opening of proposals, and the public meeting in which the failure shall be signed by the tenderers who have attended, without the lack of signature of any of them having any validity or effects to them, of which a copy may be given to those assistants, and at the end of each act a copy shall be set of the corresponding record in a visible place, to which the public has access, in the address of the area responsible for the procurement procedure, for a term not less than five working days. The holder of the said area shall keep a record of the invitation to tender, the date, time and place in which the minutes or the reference notice have been fixed.

A copy of such minutes shall be disseminated in CompraNet for the purposes of its notification to tenderers who have not attended the event. This procedure shall replace the personal notification.

Article 40. The dependencies and entities will proceed to declare a tender, when all the submitted proposals do not meet the requirements requested in the call or their input prices are not acceptable.

Dependencies and entities may cancel a tender on a fortuitous case; force majeure; there are justified circumstances, causing the extinction of the the need to recruit the work, or that the process of recruitment could result in damage or injury to the agency itself or entity. The determination to cancel the invitation to tender must specify the event which motivates the decision, which will be made of the knowledge of the bidders and will not be brought against it any recourse, however they will be able to interject inconformity in terms of Title Seventh, Chapter 1 of this Law.

Except for cancellations by chance and force majeure, the dependency or entity shall cover the non-recoverable expenses which, if any, come from terms of the provisions of the Rules of Procedure.

Article 40 Bis. Dependencies may issue mixed calls for project implementation, based on the scope of their competence and in this Law, in order to bid in the same contest:

I. The granting of a concession to build, exploit, preserve, or maintain infrastructure projects; and

II. The award of a public works contract associated with infrastructure projects, only for the case that the concession to which the fraction refers The above is not granted because there is no solvent posture.

For the purposes of this Article, a single call shall be issued by the dependencies which shall include the bases, procedures, conditions and other characteristics in accordance with which the procedure shall be developed, and shall observe, for each stage of the procedure, the provisions of the order applicable.

Where the granting of the concession referred to in section I of this article is decided in favour of the winning participant, the award shall not be made opening of the technical and economic proposals for the award of the contract referred to in the second part of the contract, so the dependency must be destroyed. In this case, the reimbursement of the non-recoverable costs referred to in Article 40 of this Law shall not be appropriate, which shall be expressly stated in the notice.

In cases where the concession referred to in section I of this article is not granted because there is no solvent position that complies with the respective call, the technical and economic proposals for the award of the contract referred to in Part II shall be opened in the same act in accordance with the provisions of the convocation itself. In this case, it is not understood that the contest for granting the concession was declared desert for the purposes of the provisions of Article 7, fraction VII, of the Law of Roads, Bridges and Federal Transportation.

The dependency may establish in the call that the clarification boards in respect of both stages of the procedure are carried out separately or jointly. It may also determine that the participants submitting proposals for both stages of the procedure shall, where appropriate, provide guarantees of joint seriousness.

The development, in particular, of each of the stages of the calls referred to in this article, shall be governed by the law applicable to it.

The Regulation of this Law shall establish, where appropriate, the other necessary aspects of the calls referred to in this Article.

CHAPTER THIRD

OF THE EXCEPTIONS TO THE PUBLIC TENDER

Article 41.- In the assumptions provided for in the following article, the dependencies and entities, under their responsibility, may choose not to carry out the public tender procedure and conclude contracts through the invitation to at least three persons or direct award procedures.

The selection of the exception procedure performed by the agencies and entities shall be based on and motivated, in accordance with the circumstances in each case, in criteria for economy, efficiency, efficiency, impartiality, honesty and transparency resulting from obtaining the best conditions for the State. The accreditation of the criteria in which it is founded, as well as the justification for the reasons on which the exercise of the option is based, must be stated in writing and signed by the holder of the area responsible for the execution of the jobs.

In any event, people with immediate response capacity will be invited, as well as with technical, financial and other resources. necessary, according to the characteristics, complexity and magnitude of the jobs to be executed.

In such cases, the holder of the area responsible for contracting the work, no later than the last working day of each month, shall send the internal control body to the the dependency or entity concerned, a report on contracts formalised during the preceding calendar month, accompanying a copy of the document referred to in this Article and an opinion on the analysis of the the proposals and the reasons for the award of the contract. This report shall not be required to be provided in the operations carried out under Article 42 (IV) of this Law.

To the procedures for hiring invitation to at least three persons and for direct award, the character to which they refer shall be applicable Section I, II and III of Article 30 of this Law.

Article 42.- Dependencies and entities, under their responsibility, may contract public works or services related to them, without being subject to public tender procedure, through the procedures for inviting at least three persons or for direct award, where:

I. The contract can only be concluded with a particular person as works of art, the exclusive licensing of patents, copyrights or other exclusive rights;

II. Peligre or alter the social order, the economy, the public services, the salubrity, safety or the environment of any area or region of the country as a consequence of a fortuitous or force majeure event;

III.     There are circumstances that may lead to significant additional losses or costs, duly justified;

IV.     They are for exclusively military or armed purposes, or their procurement by public tender puts national security or public safety at risk, in the terms of the laws of the matter;

V.       Arising from a fortuitous case or force majeure, it is not possible to carry out the work by means of the public tender procedure in the time required to deal with the eventuality concerned, in this case they must be limited to strictly necessary to address it;

VI.     The respective contract has been terminated for reasons attributable to the contractor resulting in a tender. In such cases the unit or entity may award the contract to the tender which has submitted the following lower solvent proposition, provided that the difference in price with respect to the proposal which initially resulted in the award is not more than ten percent. In the case of procurement procedures in which points and percentages have been considered as a method for the assessment of proposals, the proposal may be awarded to the winner of the proposal;

VII.   A public tender has been declared to be deserted, provided that the requirements laid down in the call for competition are maintained, the non-compliance of which has been considered as a cause of disposal because it directly affects the solvency of the propositions;

VIII.   It is a question of maintenance, restoration, repair and demolition of buildings, where it is not possible to specify their scope, to establish the catalogue of concepts, quantities of work, to determine the corresponding specifications or develop the execution program;

IX.      It is a matter of work that requires fundamentally of marginalized peasant or urban labor, and that the dependency or entity directly contracts with the inhabitants who are beneficiaries of the locality or the place where the jobs, be it as physical or moral people;

X.       It is services related to public works provided by a natural person, provided that they are carried out by themselves, without requiring the use of more than one specialist or technician, or

XI.     The services of consultancies, consultants, studies or research, relating to public works, should apply the invitation to at least three persons, including public institutions and (a) private higher education and public research centres.

Only procurement may be authorised by direct award, where the information which is has to provide the bidders, for the elaboration of their proposal, to be reserved in the terms established in the Federal Law of Transparency and Access to Government Public Information;

XII.   The execution of the work is accepted as a payment in the terms of the Law of the Federation's Treasury Department;

XIII. When it is established that a strategic alliance will be held to carry out the dependencies and entities with natural or moral persons dedicated to engineering, research and technology transfer and development, in order to implement technological innovations in the national infrastructure, and

XIV.   a) services which are intended to draw up or conclude the studies, plans or programmes necessary to enable the public tender for the execution of public works associated with infrastructure projects to be carried out; provided that the price of the same is not greater than four percent of the total amount of the project whose execution is intended to bid, or, to the amount of forty million pesos, whichever is less, the contract should be awarded directly respective.

For the determination of the prices referred to in the preceding paragraph, the dependencies and entities shall observe the guidelines to be issued by the Secretariat of the Civil Service.

For the assumptions foreseen in this fraction, the information may not be reserved and will be accessible general, from the beginning of the project proposal and to the completion of the project, but always in accordance with the applicable legal provisions regarding transparency and access to public information.

In the case of fractions II, IV, V, VI, VII and XIV of this Article, it shall not be necessary to have the prior opinion of derogation from the public invitation to tender of the Public works, so in these cases, the area responsible for the procurement in the respective unit or entity must inform the Committee itself, once the corresponding procurement procedure is concluded; the above, without prejudice that the area responsible for the procurement may submit to Opinion of the Committee cited cases of exception to public tender.

Article 43. Dependencies and entities, under their responsibility, may contract public works or services related to them, without being subject to the procedure for public tendering, by means of invitations to at least three persons or direct award, where the amount of each contract does not exceed the maximum amounts to be laid down in the budget of the Federation, provided that the contracts are not split up to be included in the cases of derogation from the public tender referred to in this Article.

The provisions of the third paragraph of Article 41 of this Law shall apply to recruitment by means of the invitation to at least three persons and direct award to be based on this article.

The sum of the amounts of the contracts to be made under this Article shall not exceed thirty per cent of the budget authorised to the premises and entities to carry out public works and related services in each financial year. The procurement shall be in accordance with the limits set out in the Federation's Government Budget.

In exceptional cases, the entity's or the entity's governing body, under its responsibility, may set a higher percentage than that indicated in this Article, which should be made of the knowledge of the internal control body. This power may be delegated to the senior officer or his equivalent in the premises or entities.

Article 44.- The invitation procedure to at least three people will be subject to the following:

I.     Spread the invitation in CompraNet and on the Internet page of the dependency or entity;

II.   The act of presentation and opening of proposals may be made without the presence of the relevant bidders, but a representative of the internal control body shall invariably be invited to the unit or entity;

III. To carry out the corresponding award, a minimum of three proposals that can be analysed must be counted;

Where the minimum number of proposals referred to in the preceding paragraph is not presented, it may be opt to declare the invitation to be deserted, or to continue with the procedure and to evaluate the proposals submitted. In the event that only a proposal has been submitted, the convener may award the contract to him if he considers that it fulfils the required conditions, or proceed to the direct award in accordance with the last paragraph of this article;

IV.   The invitation will indicate, according to the characteristics, complexity and magnitude of the work, those aspects contained in Article 31 of this Law that are applicable;

V.    The time limits for the submission of proposals shall be fixed for each contract, taking into account the characteristics, complexity and magnitude of the work;

VI.   It is repealed.

VII.             To the other provisions of this Law that are applicable to the public tender.

In the event that an invitation procedure to at least three persons has been declared deserted, the holder of the area responsible for the procurement in the a dependency or entity may directly award the contract as long as the requirements set out in those invitations are not changed.

TITLE THIRD

OF THE CONTRACTS

CHAPTER FIRST

OF THE HIRING

Article 45. Dependencies and entities should incorporate in the calls for tenders, the modalities of procurement that will ensure the State the best conditions in the execution of the works, adjusting to the payment conditions outlined in this article.

Payment terms in the contracts may be agreed upon as follows:

I.     On the basis of unit prices, in which case the amount of the total remuneration or payment to be covered by the contractor shall be per unit of work concept completed;

II.   At a flat rate, in which case the amount of the total remuneration or fixed payment to be covered by the contractor shall be for the work completed and completed within the prescribed period.

The proposals submitted by the contractors for the conclusion of these contracts, both in their technical aspects as economic, shall be broken down by at least five main activities;

III. Mixed, when they contain part of the work on the basis of unit and other prices, at a flat price, and

IV.   Programmed amortisation, in which case the total payment agreed in the contract of public works related to infrastructure projects, will be carried out according to the approved budget for each project.

Jobs whose execution includes more than one tax year shall be made in a single contract, for the total cost and the validity required for the execution of the work, subject to the budgetary authorization in the terms of the Federal Law on Budget and Accountability.

Article 45 Bis. In cases where, derived from a fortuitous case or force majeure, and to which the VIII fraction of Article 42 of this Law is concerned, with exception of maintenance work, it is not possible to determine precisely the scope and quantities of work, as well as the totality of its specifications, and therefore it is also not feasible to define exactly a catalogue of concepts, may conclude contracts on the basis of unit prices, provided that where, for each specific case, a series of unit prices and a list of inputs are defined which serve as a basis or reference for the execution of the work and for the conformation of the non-anticipated concepts of origin which are required for to the needs of the work. If it is strictly necessary, the unit or entity may order the start of the work prior to the conclusion of the contract, which shall be formalised as soon as the necessary elements are available for such a contract. effect.

Article 45 Ter. Dealing with maintenance work, contracts may be concluded on the basis of unit prices, in order for them to be the needs of the dependency or entity, on the basis of work or service orders that are issued, in order to be addressed in the terms and conditions set out in the contracts themselves.

Article 46. Public works contracts and related services shall contain, as applicable, the following:

I.       The name, name or social reason of the unit or entity convener and the contractor;

II.     The indication of the procedure under which the award of the contract was carried out;

III.    The data relating to the authorization of the budget to cover the commitment derived from the contract;

IV.     Accreditation of the existence and personality of the awarded bidder;

V.      The detailed description of the work to be carried out, and must accompany as an integral part of the contract, in the case of works, projects, plans, specifications, quality standards, programmes and budgets; of services, the terms of reference;

VI.     The price to be paid for the work covered by the contract, as well as the time, form and place of payment and, where appropriate, of the cost adjustments;

VII.   The time limit for the execution of the work, as well as the time limits for verifying the completion of the work and the preparation of the finiquito;

VIII. Percentages, number and dates of the exhibitions and amortisation of the advances to be granted;

IX.     Form or terms and percentages of ensuring the correct investment of advances and performance of the contract;

X.      Terms, conditions and the procedure for applying conventional penalties, holds and/or discounts;

XI.     Cost adjustment procedure that will govern during the term of the contract;

XII.   Terms in which the contraaor, where appropriate, shall reintegrate the amounts which, in any form, have been received in excess of the contract or during the execution of the work, for which the procedure laid down in the Article 55 of this order;

XIII. The indication that in the event of violations of intellectual property rights, the liability will be borne by the bidder or contractor as the case may be. Unless there is an impediment, the provision that the rights inherent in intellectual property, arising from the services of consultancies, consultants, studies and research contracted, will invariably be in favour of the the entity or the entity, as appropriate, in terms of the applicable legal provisions;

XIV.   The procedures for dispute settlement provided for in Chapter III of Title 7 of this Law, other than the conciliation procedure;

XV.    Causals by which the dependency or entity may terminate the contract, and

XVI.   The other aspects and requirements laid down in the invitation to tender and invitations to at least three persons, as well as those relating to the type of contract in question.

For the purposes of this Law, the invitation to tender, the contract, its annexes and the logbook of the works are the instruments that bind the parties in their rights and obligations. The provisions to be laid down in the contract shall not change the conditions laid down in the call for competition.

In the formalisation of contracts, the electronic means of communication may be used which the Secretariat of the Civil Service may authorise.

In the elaboration, control and monitoring of the logbook, remote means of electronic communication must be used, except in cases where the Secretariat of the Public function authorizes it.

Article 46 Bis. Conventional penalties shall be applied for delay in the execution of works for reasons attributable to contractors, determined only depending on the amount of the work not performed on the date agreed in the contract for the total completion of the works. It may also be agreed that the standard penalties shall be applied for delay in the performance of the critical dates laid down in the programme of general implementation of the work.

In no case will conventional penalties be higher, as a whole, to the amount of the compliance guarantee.

Likewise, the dependencies and entities, in case of delay in the execution of the works during the validity of the program of general execution of the works, will apply economic retentions to the estimates that are in process on the date the delay is determined, which will be calculated according to the progress in the execution of the work according to the cut-off date for the payment of estimates agreed in the contract. Such retentions may be recovered by the contractors in the following estimates, if they regulate the delay times according to the said program.

Article 47. The notification of the failure will force the dependency or entity and the person to whom it has been awarded, to sign the contract, on the date, time and (a) the place of origin of the goods in question, or in the case of a public tender and in the absence of such forecasts, within the 15 calendar days following that of the notification. No contract may be concluded which is not guaranteed in accordance with the provisions of Article 48 (II) of this Law.

If the person concerned does not sign the contract for reasons attributable to it, on the date or time set in the preceding paragraph, the unit or entity may, without the need for a new procedure, to award the contract to the participant who has submitted the following solvent proposition which is more appropriate for the State, in accordance with the judgment in the judgment, and so on in case of the latter does not accept the award, provided that the difference in price with respect to the proposition that initially resulted in the winner, no more than ten percent.

In the case of an assessment of points and percentages, the contract may be awarded to the person in question and so on if the latter does not accept the award.

If the dependency or entity does not sign the respective contract or changes the terms of the call for tender that prompted the corresponding ruling, the Winner, without incurring liability, will not be obliged to execute the works. In this case, the agency or entity shall, at the written request of the tender, cover the non-recoverable costs incurred in preparing and drawing up its proposal, provided that they are reasonable, duly substantiated and relate directly to the invitation to tender in question.

The contractor to whom the contract is awarded will not be able to do so by another; but, with prior authorization from the holder of the area responsible for the execution of the works in the unit or entity concerned, may do so in respect of parts of the contract or where it acquires materials or equipment which include its installation in the works. Such prior authorisation shall not be required where the dependency or entity specifically points to the basis of the invitation to tender, the parts of the work which may be subcontracted. In any event, the contractor shall remain solely responsible for the performance of the work in the face of the dependency or entity.

The rights and obligations arising out of contracts may not be transferred by the contraaor in favour of any other person, with the exception of collection rights on estimates for executed works, in which case the consent of the unit or entity concerned shall be counted.

Article 48. Contractors who conclude the contracts referred to in this Law shall ensure:

I.     The advances they receive. These guarantees must be presented at the date and place set out in the call for tender or in the absence thereof, within the 15 calendar days following the date of notification of the failure and by the total amount of the advances, and

II.   Compliance with the contracts. This security shall be lodged at the date and place of the call for the invitation to tender or, failing that, within 15 calendar days of the date of notification of the failure.

For the purposes of this Article, the owners of the agencies or governing bodies of the institutions shall lay down the basis, form and percentage to which the The guarantees to be lodged shall be subject to the background of the contractors ' compliance with the contracts concluded with the agencies and entities, in order to determine the amounts of the contracts, according to the guidelines to be issued by the Secretariat of the Civil Service. In the cases referred to in Articles 42, IX and X, and 43 of this Law, the public servant authorized to sign the contract, under his responsibility, may exempt the contractors from submitting the guarantee of the performance of the contract. respective.

Article 49.- The warranties to be granted under this Act shall be in favour of:

I.        The Treasury of the Federation, for acts or contracts to be held with the dependencies;

II.      Entities, when the acts or contracts are concluded with them, and

III.    The treasuries of the federative entities or of the municipalities, in the cases of contracts concluded under Article 1 of this Law.

Article 50.- The grant of the advance must be agreed upon in the contracts and will be subject to the following:

I.       The amount of the advance granted shall be made available to the contractor in advance of the agreed date for the commencement of the work; the delay in the delivery of the advance shall be a reason to defer the implementation programme in the same period agreed. Where the contractor does not provide the advance guarantee within the time limit set out in Article 48 of this Law, the deferral shall not proceed, and shall therefore start the work on the date originally set. The grant of the advance may be carried out in a single exhibition or in several parts, with such a question to be mentioned in the call for competition and in the respective contract;

II.      The agencies and entities may grant up to thirty per cent of the budget allocation approved for the contract in the financial year in question for the contractor to carry out the construction of his or her work at the site of the work. offices, warehouses, warehouses and facilities and, where appropriate, for the costs of moving the machinery and construction equipment and start of the work; as well as, for the purchase and production of building materials, the purchase of equipment that permanently install and other inputs to be provided.

Dealing with services related to public works, the grant of the advance shall be determined by the convener on the basis of the characteristics, the complexity and magnitude of the service; in the event that the dependency or entity decides to grant it, it shall comply with the provisions of this Article;

III.    The amount of the advance must be considered obligatory by the bidders for the determination of the financial cost of their proposal;

IV.      When the conditions of the work so require, the percentage of advance may be greater, in which case the written authorization of the holder of the dependency or entity or of the person in whom the latter has delegated is necessary. faculty;

V.       Where the work exceeds more than one financial year and starts in the last quarter of the first financial year and the advance is insufficient, the agencies or entities may, under their responsibility, give as advance payment. up to the total amount of the allocation authorised to the respective contract during the first financial year, keeping an eye on the budgetary adequacy for the payment of the work to be carried out in the financial year concerned.

In subsequent years, the delivery of the advance must be made within three months of the beginning of each financial year, after delivery of the security corresponding. The delay in the delivery of the advances will be a reason to adjust the financial cost agreed in the contract, and

VI.      Dependencies and entities may grant advances for agreements to be concluded in accordance with Article 59 of this Law, without exceeding the percentage originally authorized in the respective contract.

For the repayment of the advance in the event that the contract is terminated, the balance to be amortized will be reintegrated into the unit or entity within a period of no more than 10 calendar days from the date on which the contractor is informed of the determination to terminate the contract.

The contractor who does not reintegrate the balance to be amortised within the prescribed period shall cover the charges resulting in accordance with the first paragraph of Article 55 of the this Act.

Article 51. Dependencies and entities shall refrain from receiving or awarding any contract in the matters referred to in this Law, with the Following people:

I. Those in which the public server intervenes at any stage of the the hiring procedure has a personal, family or business interest, including those that may be of benefit to him, his spouse or his or her consanguineous relatives to the fourth degree, by affinity or civil, or for third parties with which it has professional, employment or business relations; or for partners or companies from which the public servant or the persons referred to above form or have been a party during the two years prior to the date of conclusion of the procurement procedure in question;

II. Those who perform a job, position or commission in the public service, or the companies of which those persons are a party, without the prior and specific authorisation of the Secretariat of the Civil Service;

III.    Those contractors who, for reasons attributable to them, the unit or entity convenor have administratively terminated a contract. Such impairment shall prevail upon the institution itself or entity that convenors during a calendar year counted from the notice of termination;

IV.     Those who are disabled by resolution of the Secretariat of the Civil Service, in the terms of Title VI of this order and Title V of the Law on Procurement, Leases and Services of the Public Sector;

V. Aquellas that have been declared or are subject to a trade contest or some analog figure;

VI.     The bidders who participate in the same procurement procedure, who are linked to each other by a common partner or associate.

It is understood that it is a common partner or associate, that natural or moral person who in the same the contracting procedure is recognized as such in the constitutive acts, statutes or in its reforms or modifications of two or more bidding companies, for having an equity stake in the social capital, which grants the right to to intervene in decision-making or in the administration of such decisions moral people;

VII.   Those who intend to participate in a procurement procedure and have previously carried out or are in the process of being carried out by themselves or through companies forming part of the same business group, under another contract, management, coordination and control of work; preparation of construction specifications; budget of the works; selection or approval of materials, equipment and processes, as well as the preparation of any document directly related to the call for tender, or advice or intervention at any stage of the procurement procedure.

People who have performed, by themselves or through companies that are part of the same group (a) in accordance with other contracts, studies, plans or programmes for the performance of public works associated with infrastructure projects involving the preparation of construction specifications, budget, selection, or approval of materials, equipment or processes, may participate in the public tender procedure for the implementation of the respective infrastructure projects, provided that the information used by those persons in the cases indicated is proportionate to the other bidders;

VIII. Those that alone or through companies that are part of the same group business, they intend to be engaged in the preparation of opinions, opinions and endorsements, when they are to be used to resolve discrepancies arising from contracts in which such persons or companies are parties;

IX. Those who have used privileged information improperly provided by public servants or their family members by consanguine kinship and by affinity to the fourth grade, or civil;

X. Those who engage in advisory, consulting and support services of any kind of persons in the field of government procurement, if it is found that all or part of the consideration paid to the service provider, in turn, is received by public servants by itself or by person, regardless of those who receive them have or are not related to the procurement; and

XI. Others who for any cause are prevented from doing so by provision of law.

The senior officer or his or her equivalent of the dependency or entity shall be required to record, control and disseminate the persons with whom they are prevented from contract, which will be disseminated through CompraNet.

CHAPTER SECOND

OF THE RUNNING

Article 52.- The execution of the jobs must be started on the date specified in the respective contract, and the dependency or contracting entity is timely make available to the contractor the buildings in which they are to be carried out. The non-compliance with the unit or entity shall extend the original agreed date for the completion of the work in the same period. The delivery shall be in writing.

The execution schedule agreed upon in the contract and its modifications shall be the basis according to which progress shall be measured in the execution of the work.

Article 52 Bis. In the case provided for in Article 19a, the contractor shall undertake the necessary steps to acquire the immovable property or to constitute the actual rights that are necessary to execute the public works, in accordance with the terms and conditions set out in the contract.

Once the acquisition of the real estate or the constitution of real rights has been formalized, the contractor must pass on the ownership or ownership of the property. rights to the contracting entity or entity.

Article 53. Dependencies and entities shall establish the residence of work or services prior to the initiation of the work or services, which shall be placed on a public servant designated by the agency or entity, who will serve as its representative to the contractor and will be directly responsible for the supervision, monitoring, control and review of the work, including the approval of the estimates submitted by the contractors. The work residence must be located on the job run site.

When the supervision is performed by contract, the approval of the estimates for payment purposes shall be authorized by the residence of the dependency or entity. Supervision contracts with third parties must comply with the guidelines to be determined by the Secretariat of the Civil Service.

For their part, prior to the commencement of the work, the contractors shall appoint a construction or service superintendent empowered to hear and receive all class of notifications related to the work, even those of a personal nature, as well as making the decisions that are required in all matters related to the performance of the contract.

Article 54.- The estimates of the executed works must be formulated with a periodicity not greater than one month. The contractor shall submit them to the residence of work within six calendar days following the date of the court for the payment of the estimates of the unit or entity in the contract, accompanied by the documentation which proof of the origin of the payment; the residence of the work to carry out the review and authorization of the estimates shall have a period of no more than 15 calendar days following its presentation. In the event that technical or numerical differences arise that cannot be authorised within that period, they shall be resolved and incorporated into the following estimate.

The estimates for executed works shall be paid by the unit or entity, under its responsibility, within a period not exceeding 20 calendar days, from the date on which they have been authorised by the residence of the work in question and which the contractor has submitted the corresponding invoice.

The payments of each of the estimates for executed jobs are independent of each other and therefore any type and sequence will be for control effect only administrative.

The dependencies and entities will preferably perform, the payment to contractors through electronic means of communication.

In the long-term productive infrastructure projects, the way to estimate the work and the time limits for their payment should be established in the bidding bases and in the corresponding contract.

Article 55.- In the event of default in estimates and cost adjustments, the dependency or entity, at the request of the contractor, must pay financial expenditure in accordance with a fee which shall be equal to that established by the Law on Revenue of the Federation in cases of extension for the payment of tax credits. Such costs shall start to be generated when the parties have defined the amount to be paid and shall be calculated on the amounts not paid, with a total of up to and including the date on which they are determined and up to the date on which they are actually paid. the quantities at the contractor's disposal.

In the case of overpayments received by the contractor, the contractor will have to reintegrate the amounts paid in excess of the corresponding interest, in accordance with the indicated in the preceding paragraph. Charges shall be calculated on the amounts paid in excess in each case and shall be computed by calendar days, from the date of payment to the date on which the quantities are actually made available to the dependency or entity.

No overpayment shall be considered where the differences resulting from the contractor are offset in the following estimate, or in the end, if such payment would not have been previously identified.

Article 56. When from the act of the presentation and opening of proposals, circumstances of economic order not provided for in the contract occur determine an increase or reduction in the direct costs of the work not yet carried out under the agreed programme, such costs, when they come, shall be adjusted in accordance with the adjustment procedure agreed by the parties to the contract; in accordance with the provisions of Article 57 of this Law. The corresponding increase or reduction shall be in writing.

The procedure of cost adjustments will only proceed for the contracts based on unit prices or the part of the mixed ones of this nature. In cases where part or all of the contract is in foreign currency, the mechanism of adjustment of costs and periods of review established since the call shall be applied.

When the percentage of the adjustment of the costs is upward, it will be the contractor who promotes it, within the sixty calendar days following the publication of the indices applicable to the month concerned, by means of the written submission of the application, studies and documentation supporting it. If the percentage is lower, it shall be the unit or entity which shall determine it within the same period, based on the evidence supporting it, except in the case of the adjustment procedure referred to in section III of the Article 57 of this Law, under which, invariably, the dependency or entity shall carry out the law, irrespective of whether it is up or down;

After the deadline set in the previous paragraph, the possibility of requesting the adjustment of the costs by the contractors will be lost to the low by the dependency or entity.

The dependency or entity, within sixty calendar days after the contractor duly promotes the adjustment of costs, shall issue by trade the Resolution as appropriate; otherwise, the request will be approved.

When the documentation through which the cost adjustments are promoted is deficient or incomplete, the dependency or entity will be written to the contractor in writing. which, within 10 working days of being required, fails to remedy the error or supplement the information requested. After that period, without the parent giving a response to the warning, or failing to respond correctly, the request for adjustment of costs shall not be submitted.

Cost adjustment recognition in increase or reduction should be included in the payment of estimates, considering the last percentage of adjustment that is authorized.

Will not result in cost adjustment, the compensatory fees to which, according to the law of the matter, could be subject the importation of goods contemplated in the performance of the jobs.

Article 57. The direct cost adjustment can be performed by any of the following procedures:

I.     The revision of each of the unit prices of the contract to obtain the adjustment;

II.   The revision of a unit price group, which multiplied by their corresponding amounts of work to be executed, represents approximately eighty percent of the total contract amount, and

III. In the case of jobs where the dependency or entity has established the proportion in which the inputs are involved in the total direct cost of the inputs, the respective adjustment may be determined by updating the costs of the the inputs involved in these proportions. In this case, where the contractors do not agree with the input ratio of the inputs and their form of measurement during the construction process, they may request their review to be corrected; in the case of no an agreement must be applied, the procedure set out in the section I of this article must be applied.

For the procedures outlined in Sections I and II of this Article, contractors shall be responsible for promoting cost adjustments, in order to ensure that the (a) a dependency or entity review them, if any, ask for corrections to them, and rule as appropriate. This is without prejudice to the need for the necessary periodic studies to be carried out by the agencies and entities.

Article 58. The application of the direct cost adjustment procedures referred to in the preceding article shall be subject to the following:

I.     The adjustments shall be calculated from the month in which the increase or decrease in the cost of inputs has occurred, in respect of the work to be carried out, in accordance with the implementation programme agreed in the contract or, in the case of there is a delay not attributable to the contractor, in accordance with the agreed programme.

For the purposes of each of the revisions and cost adjustments, to be presented during the execution of the work, the month of origin of the work shall be that corresponding to the act of presentation and opening of proposals, the last factor being authorized to be applied;

II.   The increases or decreases in the input costs will be calculated based on the producer and foreign trade price indices/public works cost update determined by the Bank of Mexico. When the indices required by both the contractor and the unit or entity are not within those published by the Bank of Mexico, the agencies and entities shall calculate the rates in conjunction with the contractor in accordance with the prices to be invested, by direct marketing or in national or international specialized publications, considering at least three different sources or using the guidelines and methodology issued by the Bank of Mexico;

III. The original unit prices of the contract will remain fixed until the end of the contracted works. The adjustment will be applied to the direct costs, keeping constant the percentages of the indirect costs, the cost for financing and the cost of the original utility during the exercise of the contract; the cost for financing will be subject to adjustment according to the variations in the interest rate that the contractor has considered in his proposal, and

IV.   To the other guidelines to be issued by the Secretariat of the Civil Service for this purpose.

Once the respective procedure has been applied and the adjustment factors are determined, they shall be applied to the amount of the estimates generated, without any need for modify the contract compliance guarantee initially granted.

When there are jobs executed outside the scheduled period, for cause attributable to the contractor, the adjustment will be made considering the period in which they should be executed, in accordance with the agreed programme, except where the adjustment factor corresponding to the month in which they were actually executed is less than that in which they were to be executed, in which case the latter shall apply.

Article 59. Dependencies and entities may, within their authorized budget, under their responsibility and for substantiated and explicit reasons, modify the contracts on the basis of unit prices; the mixed in the corresponding part, as well as the scheduled depreciation, by means of agreements, provided that they, considered together or separately, do not exceed 25% of the amount or of the period agreed in the contract, or involve variations substantial to the original project, nor to be held to circumvent in any way compliance with the Law or the Treaties.

If the modifications exceed the indicated percentage but the object of the project does not vary, additional agreements may be concluded between the parties. new conditions, and the reasons for this should be justified in an explicit and well-founded manner. Such amendments shall in no way affect the conditions relating to the nature and essential characteristics of the subject matter of the original contract, nor shall it be agreed to circumvent in any way the fulfilment of this Law or of the treated.

The conventions mentioned in the preceding paragraphs must be authorized by the public servant to be determined in the policies, bases and guidelines of the the dependency or entity concerned.

Where the modification involves an increase or a reduction by a difference of more than 25% of the original amount of the contract or of the execution period, in exceptional and duly justified cases, the dependency or entity shall request the authorization of the Secretariat of the Civil Service to review the indirect and the originally agreed funding and determine the source of the adjustment.

In the event of changes to the original terms and conditions of the contract, which do not represent an increase or decrease in the contractual amount or term, the parties shall conclude the respective conventions.

Flat-rate contracts or part of mixed-price contracts of this nature may not be modified in amount or in time, nor shall they be subject to cost adjustments.

However, where, after the award of a flat-rate contract or the part of the mixed-price contract of this nature, economic circumstances arise, of a general type which are not liable to the parties ' liability and which for that reason could not have been considered in the proposal which served as the basis for the award of the relevant contract, such as, inter alia: changes in currency exchange rate parity or changes in national prices or which directly cause an increase or reduction in the input costs of the non-executed work under the implementation programme; the dependencies and entities shall recognise increases or require reductions; compliance with the provisions which, where appropriate, the Secretariat of the Civil Service shall issue.

The above, without prejudice to the fact that the costs of the inputs of the works are updated for a single occasion when, for reasons not attributable to the contractor, the works (a) start after a hundred and twenty calendar days from the date of presentation of the proposals. For such purposes, the average of the producer and foreign trade price indices will be used-the updating of public works costs published by the Bank of Mexico, based on its calculation of the month of presentation and opening of the proposals and the month that the work starts.

Once the possible modifications to the respective contract are determined, the subscription of the agreements will be the responsibility of the dependency or entity of in question, which shall not exceed forty-five calendar days, counted from the said determination.

of the authorisations referred to in this Article, as regards the conventions to be concluded in accordance with the second paragraph of that Article, the holder of the responsible for the procurement of the work shall inform the internal control body at the unit or entity concerned. For this purpose, no later than the last working day of each month, a report shall be submitted, referring to the authorisations granted in the preceding calendar month.

When during the execution of the work, the execution of additional amounts or work concepts is required from the original ones, the dependencies and institutions may authorise the payment of estimates of the work carried out prior to the conclusion of the respective agreements, keeping in view that such increases do not exceed the budget authorised in the contract. In the case of additional quantities, these shall be paid at the originally agreed unit prices; in the case of concepts not provided for in the contract concept catalogue, their unit prices must be reconciled and authorised, prior to your payment.

The percentage set out in the first paragraph of this Article shall not apply, in the case of contracts whose work relates to maintenance or restoration of the buildings referred to in Article 5o. of the Federal Law on Archeological, Artistic and Historical Monuments and Zones, in which it is not possible to determine the catalogue of concepts, the quantities of work, the corresponding specifications or the program of execution.

Article 60. Dependencies and entities may temporarily suspend, in whole or in part, work contracted for any justified cause. The owners of the agencies and the governing bodies of the entities shall designate the public servants who may order the suspension and determine, where appropriate, the temporality of the suspension, which may not be indefinite.

Also, contracts may be terminated in advance when there are reasons of general interest; there are justified reasons to prevent them from continuing of the proceedings, and it is shown that continuing with the obligations agreed upon would cause serious harm or damage to the State; the nullity of acts which gave rise to the contract is determined, on the grounds of the decision of an inconformity or ex officio intervention issued by the Secretariat of the Civil Service, or by a decision of a competent judicial authority, or it is not possible to determine the temporality of the suspension of the work referred to in this Article. In these cases, the unit or entity shall reimburse the contractor for any non-recoverable expenses incurred, provided that they are reasonable, duly checked and related directly to the operation concerned.

Article 61.- Dependencies and entities may administratively terminate contracts in the event of non-compliance with the obligations under the contractor.

The termination procedure will be performed according to the following:

I.       It shall start from the fact that the contractor is informed of the non-compliance in which it has incurred, so that within a period of 15 working days it shall expose what is appropriate to its right and, where appropriate, provide the evidence it deems relevant, and

II.     After the term referred to in the previous section, the unit or entity shall have a period of 15 days to resolve, considering the arguments and evidence that the contractor has made. The determination of whether or not to terminate the contract shall be duly substantiated, reasoned and communicated to the contractor within that period.

III.    It is repealed.

Dependencies and entities may, under their responsibility, suspend the processing of the termination procedure, when a procedure has been initiated reconciliation with respect to the contract subject to termination.

Article 62.- In the suspension, administrative termination or early termination of contracts, the following shall be observed:

I.        Where the suspension of the work is determined or the contract is terminated for reasons attributable to the agency or entity, the latter shall pay the executed works, as well as the non-recoverable expenses, provided that they are reasonable, duly checked and related directly to the contract in question;

II.      In the event of termination of the contract for reasons attributable to the contractor, once the respective determination has been issued, the dependency or entity precariously and from the start of the contract shall refrain from covering the amounts resulting from the executed works not yet settled, until the end of the period is granted, which shall be carried out within 30 calendar days following the date of the communication of that determination, in order to make effective the guarantees. The finiquito shall provide for the cost of the work not yet carried out in arrears under the current programme, as well as for the recovery of the materials and equipment which, if any, have been delivered to it;

Dependencies and entities may choose to apply the conventional penalties or the cost of the results from the termination, and the causes of the application of one or the other must be substantiated and motivated;

III.     Where contracts are terminated in advance, the unit or entity shall pay the contractor the work carried out, as well as the non-recoverable costs, provided that they are reasonable, duly verified and relate directly to the contract in question, and

IV.      When, by chance or force majeure, the continuation of the work becomes impossible, the contractor may choose not to execute them. In this case, if you opt for the early termination of the contract, you must apply to the agency or entity, who will determine how to conduct the contract within the fifteen calendar days following the filing of the respective letter; negative, it will be necessary for the contractor to obtain from the judicial authority the corresponding declaratory, but if the dependency or entity does not answer in that period, the request of the contractor will be accepted.

Once the termination of the contracts or the commencement of the termination procedure of the contracts is communicated by the agency or entity, they shall proceed to take immediate possession of the work carried out in order to take over the building and the respective facilities and, where appropriate, to suspend the work, lifting, with or without the appearance of the contractor, the circumstantial act of the the status of the work. In the case of entities, the circumstantial act shall be lifted in the presence of a public servant.

The contractor will be obliged to return to the agency or entity within ten calendar days, counted from the beginning of the respective procedure, all the documentation that has been delivered to you for the work to be performed.

Article 63.- If the assumptions set out in the previous article occur, the dependencies and entities shall communicate the suspension, termination or termination. the contract to the contractor; thereafter, they shall be made aware of their internal control body, not later than the last working day of each month, by means of a report referring to the assumptions made during the calendar month. Previous immediate.

Article 64.- The contractor will communicate to the agency or entity the conclusion of the work entrusted to it, so that it is, within the agreed period, verify the proper termination of the contract in accordance with the conditions laid down in the contract. At the end of the verification of the work, the unit or entity shall have a period of 15 calendar days to proceed to its physical reception, by means of the lifting of the corresponding record, with the work under its responsibility.

physically received the works, the parties within the term stipulated in the contract, which may not exceed sixty calendar days from the receipt of the work must be completed by the end of the work, in which the appropriations for and against each of them shall be recorded, describing the general concept which gave them the origin and the resulting balance.

If there is disagreement between the parties with respect to the finiquito, or the contractor does not come with the agency or entity for elaboration within the time limit specified in the the contract, the contract shall be drawn up, the result of which must be communicated to the contractor within ten calendar days from the date of its issuance; once the result of the termination of the contract has been notified to the contractor, the contractor shall have a period of 15 calendar days to claim the right of the person concerned, if After this deadline does not perform any management, it will be accepted.

Determined the total balance, the dependency or entity shall make available to the contractor the corresponding payment, by means of its offer or the respective consignment; or either request the recovery of the resulting amounts; they must, at the same time, lift the administrative act which, by extinguishing the rights and obligations assumed by both parties to the contract.

Article 65. At the conclusion of the public works, the premises and, where appropriate, the entities, must register in the offices of Catastro and the Registry Public of the Property of the Federative Entities, the corresponding titles of property of those buildings that have been acquired for the purpose of the construction of the public works, and in their case shall refer to the Secretariat of the Function Publishes the titles of property for registration in the Public Registry of the Federal Property and its inclusion in the Catalogue and Inventory of the Nation's Goods and Resources.

Article 66.- Concluded the works, the contractor will be obliged to respond to the defects that will result in them, from the hidden vices and from any other liability in respect of which it has incurred, in the terms set out in the respective contract and in the applicable legislation.

The works shall be guaranteed for a period of 12 months for the fulfilment of the obligations referred to in the preceding paragraph, and therefore prior to the In the case of the Commission, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of the total amount of the work, or the contribution of liquid resources by a amount equivalent to five percent of the same amount in specially constituted trusts.

Resources provided in trust should be invested in fixed income instruments.

The contractors, if applicable, may withdraw their contributions in trust and the respective returns, after twelve months from the date of receipt of the the work. In the same period, the irrevocable bond or credit card will automatically be cancelled, as the case may be.

The rights of the agencies and entities shall remain safe to require payment of the amounts not covered by the compensation which they are entitled to receive, once the guarantees constituted in accordance with this Article shall be effective.

In the cases referred to in Article 42, fractions IX and X of this Law, as well as in the case of services related to public works, the public servant has signed the contract, under its responsibility, may exempt the contractors from submitting the security referred to in this Article, which shall, where appropriate, be established from the call for competition and in the respective contract.

Article 67.- The contractor shall be solely responsible for the execution of the work and shall be subject to all regulations and orders of the authorities. competent for the construction, safety, use of public roads, ecological and environmental protection in the federal, state or municipal areas, as well as the instructions that the dependency or entity may point out to the effect. The liability and damages resulting from failure to comply shall be borne by the contractor.

Article 68.- Once the work or usable part of the work has been completed, the units or entities shall monitor that the unit to be operated by the unit shall be the person responsible for carrying out the operation, the building under operating conditions, the drawings corresponding to the final construction, the standards and specifications which were applied during its execution, as well as the manuals and instructions for operation and the corresponding maintenance and the guarantee certificates of quality and operation of the installed goods.

Article 69.- Dependencies and entities under whose responsibility a completed public work is left, will be obligated, through the area responsible for their operation, to be maintained at appropriate levels of operation. The internal control bodies shall monitor their use, operation and maintenance in accordance with the objectives and actions for which they were originally designed.

TITLE FOURTH

OF THE ADDRESS ADMINISTRATION

UNIQUE CHAPTER

Article 70.- Complied with the requirements set out in Article 24 of this Law, the agencies and entities may carry out work by direct administration, provided that they possess the technical capacity and the elements necessary for this purpose, consisting of machinery and construction equipment and technical personnel, as appropriate, which are required for the development of the respective work and may:

I.        Use the local workforce that is required, which will invariably have to be done by determined work;

II.      Rent the complementary construction equipment and machinery;

III.     Use the materials in the region preferably, and

IV.      Use the required complementary freight and carrier services.

In the execution of the works by direct administration, under no circumstances will third parties be able to participate as contractors, whatever the conditions particulars, legal nature or modalities to be adopted by them.

When equipment, instruments, finished prefabricated elements, materials or other goods to be installed, mounted, placed or applied, are required, acquisition shall be governed by the provisions relating to such matters.

Article 71.- Prior to the direct administration of the work, the holder of the area responsible for the execution of the works will issue the the respective agreement, which shall include, inter alia, the detailed description of the work to be carried out, the projects, plans, specifications, implementation and supply programmes and the corresponding budget.

The internal control bodies in the agencies and entities, prior to the execution of the works by direct administration, will verify that the corresponding budget and the implementation programmes, the use of human resources and, where appropriate, the use of construction machinery and equipment.

Article 72.- The execution of the jobs will be in charge of the dependency or entity through the work residence; once the jobs are completed by direct administration, must be delivered to the area responsible for its operation or maintenance. The delivery shall be in writing.

Article 73.- The dependency or entity shall provide for and provide all human, technical, material and economic resources necessary for the execution of the the work is carried out in accordance with the plans, plans and technical specifications; the implementation and supply programmes and the procedures to be carried out.

In the execution of direct administration work, the provisions of this Law will apply, as appropriate.

TITLE FIFTH

OF THE INFORMATION AND VERIFY

UNIQUE CHAPTER

Article 74. The manner and terms in which the agencies and entities shall forward to the Secretariat of the Civil Service, the Secretariat and the Secretariat of Economy the information regarding the acts and contracts subject to this Law, will be established by these Secretariats, in the field of their respective attributions.

The administration of the government's electronic public information system on public works and related services will be in charge of the Secretariat of the Civil Service, through the administrative unit that determines its Rules of Procedure, in which the agencies, entities and other subjects of this Law, must incorporate the information they require.

The system referred to in the preceding paragraph shall have the following purposes:

I.     To contribute to the generation of a general policy in the Federal Public Administration regarding the hiring of public works and related services;

II.   To promote transparency and follow-up in the hiring of public works and related services, and

III. Generate the necessary information to enable the proper planning, programming and budgeting of public procurement, as well as their comprehensive assessment.

This system shall contain at least the following information, which shall be verified to be updated at least every three months:

a) Annual public works programmes and services related to the same dependencies and entities;

b) The sole registry of contractors;

c) The social witness roll;

d) Information derived from procurement procedures, in the terms of this Law;

e) Notifications and notices relating to procurement and procurement procedures instance of inconformities;

(f) The data for the contracts entered into, as referred to in Article 7 (13), of the Federal Law on Transparency and Access to Government Public Information;

g) The registration of sanctioned contractors, and

h) The resolutions of the default instance that caused status.

The agencies and entities shall keep in an orderly and systematic manner all documentation and electronic information of the acts and contracts of the this order, at least for a period of three years, counted from the date of its receipt; except for the accounting documentation, in which case the provisions applicable shall be as provided for.

Proposals discarded during the public tender or invitation to at least three persons may be returned to the bidders who request it, once after 60 calendar days from the date on which the respective judgment is made known, unless there is any pending non-conformity, in which case the proposals shall be kept until the complete conclusion of the non-conformity and subsequent instances; these terms shall be exhausted by the convener proceed with their return or destruction.

Article 74 Bis. The comprehensive information system will count, in the terms of the Regulation of this Law, with a single registry of contractors, which will classify according to, among other aspects, by activity, general data, nationality and track record in terms of hiring and compliance.

This registration must be permanent and be made available to any interested person, except in cases of information of a reserved nature, in the terms established in the Federal Law on Transparency and Access to Government Public Information.

Such registration shall have only declarative effects with respect to the registration of contractors, without the effect of establishing rights or obligations.

Article 75. The Secretariat of the Civil Service, in the exercise of its powers, may verify, at any time, that public works and services related to them are carried out in accordance with the provisions of this Law or other applicable provisions.

The Secretariat of the Civil Service may carry out the visits and inspections it deems relevant to the agencies and entities carrying out public works and services The Commission shall, in accordance with Article 1 (1) of this Article, apply to the public servants and to the contractors involved in them, all data and reports relating to the acts in question.

Article 76. The Secretariat of the Civil Service will be able to verify the quality of the works through the laboratories, educational institutions and research or with people it determines, in the terms established by the Federal Law on Metrology and Standardisation, and which may be those with which the dependency or entity concerned may count.

The result of the checks shall be recorded in an opinion to be signed by the person who has made the verification, as well as by the contractor and the representative of the (a) a unit or entity, if it has intervened. Failure to sign the contractor shall not invalidate that opinion.

TITLE SIXTH

OF VIOLATIONS AND SANCTIONS

UNIQUE CHAPTER

Article 77. The bidders or contractors who violate the provisions of this Law shall be punished by the Secretariat of the Civil Service with a fine equivalent to the amount of fifty up to a thousand times the general minimum wage in force in the Federal District raised a month, at the date of the infringement.

Article 78. The Secretariat of the Civil Service, in addition to the sanction referred to in the previous article, will temporarily disable to participate in a manner directly or by person in procurement procedures or to conclude contracts regulated by this Law, to persons who are in any of the following cases:

I.        The bidders who unjustifiably and for reasons attributable to them do not formalise the contract awarded by the convener;

II.     The contractors to whom a contract has been administratively terminated in two or more dependencies or entities within three years;

III.     Contractors who do not comply with their contractual obligations for reasons attributable to them and which, as a result, cause serious damage or damage to the dependency or entity concerned; and

IV.     Those who provide false information or act with dole or bad faith in any procurement procedure, in the conclusion of the contract or during its term, or in the presentation or deahlogue of a request for conciliation or of a incompliance;

V.      The contractors who are in the case of the X fraction of Article 51 of this order, and

VI.     Those that are in the case of the second paragraph of article 92 of this Law.

The disablement that it imposes shall not be less than three months and not more than five years, which shall begin to be counted from the day following the date on which the Secretariat the Civil Service makes it known to the agencies and entities, by publishing the respective circular in the Official Journal of the Federation and in CompraNet.

If the day on which the period of disqualification referred to in the preceding paragraph is met has not paid the fine which has been imposed in terms of the of the previous article, the aforementioned disablement until the corresponding payment is made.

The dependencies and entities, within 15 days of the date on which they are aware of any infringement of the provisions of this Law, will refer to the Secretariat of the Civil Service the documentation of the facts presumably constituting the infringement.

Article 79. The Secretariat of the Civil Service will impose the sanctions considering:

I.       The damages or damages that have occurred in connection with the infringement;

II.      The intentional or non-intentional character of the act or omission constituting the infringement;

III.     The severity of the violation, and

IV.      The conditions of the offender.

In the proceedings of the procedure to impose the sanctions referred to in this Title, the Secretariat of the Civil Service shall observe the provisions of the Title Fourth and other applicable to the Federal Law of Administrative Procedure, applying both the Federal Civil Code and the Federal Code of Civil Procedures.

Article 80. The Secretariat of the Civil Service shall apply the penalties that come to the public servants that infringe the provisions of this ordering, in accordance with the provisions of the Federal Law on Administrative Responsibilities of Public Servants.

The Secretariat of the Civil Service, in use of the privileges conferred upon it by the Law referred to in the preceding paragraph, may refrain from initiating proceedings provided for in it or to impose administrative penalties, where the investigations or checks carried out are intended to ensure that the act or omission is not serious, or does not involve the probable commission of any offence or property damage to the entity, or that the act or omission was spontaneously corrected or remedied by the public servant or a manifest error and in any of these assumptions, the effects which, if any, they have produced, have disappeared or have been resented.

Article 81. The responsibilities and penalties referred to in this Law shall be independent of those of criminal civil order or of any other kind can derive from the commission of the same facts.

Article 82. No penalties shall be imposed when the offence is incurred due to force majeure or fortuitous case, or when observed in form the precept that would have ceased to be fulfilled. Compliance shall not be considered to be spontaneous when the omission is discovered by the authorities or the request, visit, excitative or any other management carried out by the authorities, as well as in the case of the fourth part of the article 78 of this Act.

TITLE SEVENTH

OF THE SOLUTION OF CONTROVERSIES

CHAPTER FIRST

OF THE INCOMPLIANCE INSTANCE

Article 83. The Secretariat of the Civil Service shall be aware of the non-conformities that are promoted against the acts of the public tender procedures or invitation to at least three people listed below:

I.     The call for tender, and the clarification boards.

In this case, the non-conformity may be presented only by the person concerned who has expressed his interest in participating in the procedure as set out in Article 35 of this Law, within six working days following the conclusion of the last meeting of clarifications;

II.   The invitation to at least three people.

You will only be legitimized to be inconformed who has received an invitation, within six days The following:

III. The act of presentation and opening of proposals, and failure.

In this case, the non-conformity may be presented only by the person who has submitted a proposal, of the six working days following the conclusion of the public meeting in which the judgment is made, or that the tenderer has been notified in cases where no public meeting is held.

IV.   The cancellation of the tender.

In this case, the non-conformity may be presented only by the tender which has been submitted proposition, within six working days of notification, and

V.    The acts and omissions by the convener that prevent the formalization of the contract in the terms established in the call to tender or in this Law.

Under this scenario, the non-conformity may only be presented by the person who has been awarded of the six working days after the date on which the time limit laid down in the judgment has expired for the formalisation of the contract or, failing that, the legal period.

In all cases in which tenders have been submitted jointly, the non-conformity shall only be obtained if it is jointly promoted by all the members of the same.

Article 84. shall be submitted in writing, directly at the offices of the Secretariat of the Civil Service or through CompraNet.

The Secretariat of the Civil Service may conclude coordination agreements with the federative entities, so that they may know and resolve in the terms provided by this Law, of the inconformations arising out of the contracting procedures that are referred to in the terms provided for in Article 1, fraction VI of this Law. In this case, the invitation to tender shall indicate the offices in which the non-conformities are to be presented, making reference to the provision of the convention which is concluded in each case; otherwise, the provisions of the contract shall be previous paragraph.

The interposition of the inconformity in form or in a different authority to those mentioned in the preceding paragraphs, according to each case, will not interrupt the deadline for its timely presentation.

The initial writing will contain:

I.     The name of the nonconforming and of the one that it promotes in its name, who must accredit its representation by public instrument.

In the case of tenderers who have submitted joint proposals, in the original document they shall appoint a common representative, otherwise it shall be understood to serve as such the person appointed in the first term;

II.   Address to receive personal notifications, which must be located in the place where the authority you know of the non-compliance resides. In the event that no procedural address is indicated in these terms, the notifications shall be made for the purposes of the procedure;

III. The act which is contested, the date of its issue or notification or, failing that, in which it became aware of it;

IV.   The evidence it offers and which will directly and immediately relate to the acts it challenges. In the case of documentaries forming part of the procurement procedure held by the convener, it shall be sufficient for them to be offered for the purpose of sending them in an authorised copy at the time of their reporting, and

V.    The facts or abstentions which constitute the antecedents of the contested act and the grounds for non-conformity. The manifestation of false facts shall be sanctioned in accordance with the provisions of this Law and the other provisions applicable.

The document of unconformity shall be accompanied by the document certifying the personality of the applicant and the evidence it offers, as well as copies of the document initial and annexes to the convener and the third party concerned, with such a nature as to the tender to whom the contract has been awarded.

In the non-conformities that are presented through CompraNet, electronic identification means must be used in place of the autograph signature.

In the inconformities, the accompanying documentation and the way to accredit the personality of the promoting, will be subject to the technical provisions that for such The Secretariat of the Civil Service shall be issued by the Secretariat, in which case they shall produce the same effects as the laws give to the appropriate means of identification and documents.

The authority which is aware of the non-conformity shall prevent the person from acting when he has omitted any of the requirements set out in fractions I, III, IV and V of this Regulation. In order to remedy such omissions, it shall be advised that failure to do so within three working days shall be disposed of, except in the case of the evidence, the omission of which shall be the result of the failure to act. offered.

In the case of section I of this article, it will not be necessary to formulate any prevention with respect to the omission of the common representative. In the same way, it will not be necessary to prevent when it is omitted to indicate the address to receive personal notifications, in terms of the fraction II.

Article 85. The default instance is inappropriate:

I.     Against acts other than those laid down in Article 83 of this Law;

II.   Against consensual acts expressly or tacitly;

III. Where the contested act cannot have any legal or material effect because the object or subject of the procurement procedure from which it derives is no longer applicable, and

IV.   Where it is promoted by a tender on an individual basis and its participation in the procurement procedure has been carried out jointly.

Article 86. The overment in the noncompliance instance proceeds when:

I.     The unsatisfied desist expressly;

II.   The convoor sign the contract, in the event that the contested act is of those referred to in Article 83 (V) of this Law, and

III. During the substantiation of the instance, one of the causes of origin established in the previous article is warned or exceeded.

Article 87. Notifications will be made:

I.      In personal form, for the nonconforming and the interested third party:

a) First notification and preventions;

(b) Resolutions concerning the suspension of the contested act;

c) The one that supports the extension of the noncompliance;

d) The definitive resolution, and

e) Other agreements or resolutions that warrant it, in the judgment of the authority Incompliance instructor;

II.   By road, which shall be fixed in a visible place and easily accessible to the general public, in cases not provided for in the preceding section, or, where it has not been pointed out by the non-compliant or third party concerned, located in the place where resides the authority you know of the noncompliance, and

III. By trade, those addressed to the convener.

The notifications referred to in this article may be made through CompraNet, in accordance with the rules established by the Secretariat of the Function Public. Additionally, for personal notifications, notice will be given by email.

Article 88. The suspension of the acts of the procurement procedure and the acts of the procedure shall be decreed, provided that they are requested by the nonconforming initial written notice and notice that there are or may be acts contrary to the provisions of this Law or to those of which it is derived and, in addition, no prejudice to the social interest or provisions of public order are contravened.

In your application the inaccordance must express the reasons for which you consider the suspension, as well as the affectation that you would resent in case you continue the acts of the procurement procedure.

Requested suspension, the authority you know of the non-compliance must agree to the following:

I.     Grant or provisionally refuse the suspension; in the first case, it shall fix the conditions and effects of the measure; and

II.   Within three working days following receipt of the prior report of the convener, it shall decide on the final suspension.

The suspension agreement shall contain the legal grounds and considerations in which it is supported to grant or deny it.

If the final suspension is to be made, the situation in which things will be left must be specified and the appropriate measures taken to to keep the matter of the case until the decision has been issued to end the non-compliance.

In any event, the final suspension shall be subject to the applicant, within three working days following the notification of the relevant agreement, to guarantee the damage it may cause, in accordance with the terms of the Regulation.

The guarantee must not be less than ten or greater than thirty percent of the amount of the economic proposal of the nonconforming, and when it is not possible to determine such amount, of the approved budget for the procurement in question. If the required security is not displayed in its terms, such precautionary measure shall cease to have effect.

The suspended suspension shall be without effect if the third party concerned grants a counter-guarantee equivalent to that displayed by the nonconforming, in the terms of the Regulation.

Since the resolution terminating the incompliance instance has been caused, warranty execution incident may be initiated, which will be processed by written in which the damage or damage caused by the suspension of the acts, as well as the evidence which it considers relevant, shall be noted.

With the incidental writing, the person concerned who has granted the guarantee in question shall be given the view that, within the period of 10 days, the which is appropriate to your right.

Once the evidence has been drowned, within ten days, the authority will resolve the incident, in which the source of the cancellation will be decreed, or make effective the guarantee or counter-guarantee in question as evidenced by the damage or injury caused by the suspension of the acts, or by the continuation of the acts, as appropriate.

If the authority which is aware of the failure notices irregularities in the contested procurement procedure, it may order the suspension of its own motion without the need for an application or a guarantee of the non-compliance, provided that the social interest is not further prejudiced or that public policy provisions are contravened. The relative agreement shall contain the legal considerations and foundations in which it is supported to decrease it.

Article 89. The authority you know of the unconformity will examine it and if you find a manifest source of improvenance, it will be discarded outright.

Receipt of the non-conformity, the convener shall be required to give within two working days a prior report in which the general data of the the procurement procedure and the third party concerned, and give the reasons why it considers that the suspension is appropriate or not.

The convener shall also be required to give a detailed report within six working days, setting out the reasons and grounds for supporting the report. the impropriety of the non-conformity as well as the validity or legality of the contested act and shall be accompanied, where appropriate, by an authorised copy of the constances necessary to support it, as well as those referred to in Article 84 (IV).

Reports will be considered to be rendered in an extemporaneous manner, without prejudice to the possible liability of the public servants for such procrastination.

Once the data of the third party concerned is known, it shall be transferred to it with a copy of the initial document and its annexes, to the effect that, within six working days The following shall be subject to the procedure to express what is appropriate to the procedure, as a result of which the provisions of Article 84 are applicable.

Inconformity, within three working days following the date of receipt of the circumstantial report, shall be entitled to extend its challenge, when elements you did not know are displayed.

The authority which is aware of the non-compliance, in case of an estimate of the extension, shall require the convener to give the authority within three working days of the the relevant circumstantial report, and shall give the third party the opportunity to express what is appropriate to it in the same period.

Article 90. Undrowned the evidence shall be made available to the nonconforming and third party concerned to the effect that within three days (i) the right to be heard in writing. After the instruction is closed, the authority which is aware of the non-conformity shall dictate the decision within a period of 15 working days.

Article 91. The resolution will contain:

I.     The legal precepts in which you function to resolve the matter;

II.   The clear and precise fixing of the contested act;

III. The analysis of the grounds of failure, for which it may correct errors or omissions of the inconformity in the citation of the precepts it considers to be violated, as well as examine as a whole the grounds for impeachment and other reasoned arguments by the convener and the third party concerned, in order to resolve the dispute effectively raised, but may not rule on matters which have not been set out by the advocate;

IV.   The assessment of the tests supported and drowned in the procedure;

V.    The legal considerations and fundamentals in which it is supported, and

VI.   The resolution points which clearly express their scope and effects, in accordance with the relevant part, when the guidelines for the replacement of null and contract acts are laid down.

Once the resolution that puts an end to the non-compliance is caused, it will be published in CompraNet.

Article 92. The resolution issuing the authority may:

I.     Excel in the instance;

II.   Declare the Incompliance to be unfounded;

III. Declare that the grounds for non-conformity are inoperative to decree the nullity of the contested act, where the alleged violations are not sufficient to affect its content;

IV.   Decree the total nullity of the procurement procedure;

V.    Decree the nullity of the contested act, for the purposes of its replacement, subsisting the validity of the procedure or act in the part that was not the subject of the declaration of nullity, and

VI.   Order the signature of the contract, when the unconformity promoted in terms of article 83 fraction V of this Law has been founded.

In the cases of fractions I and II, when it is determined that the non-conformity was promoted for the purpose of delaying or hindering the procurement, the in accordance with the procedure, subject to a fine in accordance with Article 77 of this Law. For this purpose, the conduct of the tenderers may be taken into account in previous procurement or non-compliance procedures.

The decision terminating the instance of non-conformity or, where appropriate, the action of trade may be contested by the person concerned or the third party concerned by the review facility provided for in the Federal Administrative Procedure Act or, where appropriate, before the competent courts.

Article 93. The convenor shall abide by the decision to terminate the non-conformity within a period of no more than six working days. The enforcement of decisions may be suspended only by the determination of the competent administrative or judicial authority.

The noncompliant and the third party concerned, within three working days after they are aware of the compliance with the resolution, or that the legal period has elapsed for that purpose and has not been complied with, they may make the knowledge of the resolution authority, by incidental means, the repetition, defects, excesses or omissions in which the convener has incurred.

With the writing that is presented in the terms of the preceding paragraph, the convener shall be required to give a report within three working days and shall give an opinion the third party concerned or the non-compliant, as appropriate, so that in the same period he may express what is in his interest.

If it is credited that the resolution was not completed in accordance with the guidelines set, the resolution authority will cease the respective act, and order the The Commission shall, in accordance with the procedure laid down in the resolution, call for its replacement within three working days. If I find that there was a total omission, it will require the convening of immediate compliance.

The decision terminating the incident provided for in this Article may be contested by the person concerned or the third party by means of the review facility provided for in the Federal Law of Administrative Procedure, or, where appropriate, before the competent courts.

The contempt of the convores to the resolutions and agreements issued by the Secretariat of the Civil Service in the procedures of non-conformity will be sanctioned agreement as provided for in the Federal Law on Administrative Responsibilities of Public Servants.

In cases where there are contracts resulting from the declared null and void acts, such agreements shall be valid and enforceable until such time as the resolution is complied with, However, it is necessary to terminate them in advance when the replacement of acts implies that a different tender must be awarded, the procedure must be declared to be deserted or its total nullity has been decreed.

Article 94. On the basis of the information known to the Secretariat of the Civil Service, derived from the exercise of its powers of verification, it may carry out ex officio interventions in order to review the legality of the acts referred to in Article 83 of this Law.

The initiation of the procedure for the operation of the trade will be by means of the statement of observations, in which the Secretariat of the Civil Service will accurately identify the possible irregularities to be noted in the act of intervention.

The suspension of the acts of the procurement procedure and those resulting from it may be decreed, in terms of the provisions of the last paragraph of Article 88 of this Law.

It is applicable to the procedure of the intervention of trade, in the conduct, the provisions provided for in this Law for the processing and resolution of inconformities.

CHAPTER SECOND

OF THE RECONCILIATION PROCEDURE

Article 95. At any time the contractors or agencies and entities may submit to the Secretariat of the Civil Service reconciliation, due to disagreements resulting from the fulfillment of the contracts.

Once the respective request has been received, the Secretariat of the Civil Service shall indicate the day and time for the verification of the conciliation hearing and shall cite the parts. Such hearing shall be initiated within 15 working days following the date of receipt of the request.

Assistance to the conciliation hearing will be mandatory for both parties, so the inattendance by the contractor will result in the failure to submitted your application.

Article 96. At the conciliation hearing, the Secretariat of the Civil Service, taking into account the facts stated in the request and the arguments that (a) shall determine the common elements and points of dispute and shall urge the parties to reconcile their interests, in accordance with the provisions of this Law, without prejudice to the conflict. raised.

Article 97. In the event that the parties arrive at a reconciliation, the respective agreement will bind them, and their compliance may be sued by the Court of Justice. The Secretariat of the Civil Service will follow up on the agreements of wills, for which the agencies and agencies will have to send a report on the progress of compliance of the same, in terms of the Regulation of this Law.

If there is no agreement of wills, the parties may opt for any solution to their dispute.

THIRD CHAPTER

ARBITRATION, OTHER DISPUTE SETTLEMENT MECHANISMS AND JURISDICTION

Article 98. Arbitration commitment may be agreed with respect to disputes arising between the parties by interpretation of the clauses of the contracts or questions arising from their implementation, in accordance with the provisions of Title IV of the Fifth Book of the Code of Commerce.

It shall not be the matter of arbitration for administrative termination, the early termination of contracts, as well as those cases provided by the Regulations of this Law.

Article 99. The arbitration may be provided in the express clause in the contract or by a written agreement subsequent to its conclusion. In the policies, bases and guidelines, the responsible public area or server must be established to determine the appropriateness of including such a clause or to sign the corresponding agreement.

Article 100. The payment of services to the person serving as an arbitrator shall not be the subject of this Law.

The costs and fees of the arbitration shall be borne by the contracting parties, unless otherwise determined in the arbitral award.

Article 101. The arbitral award shall culminate in the arbitral award, and may be considered for the purpose of addressing observations made by those who have powers to carry them out, on the matters covered by that award.

Article 102. The parties may agree to other dispute settlement mechanisms to resolve their differences over the interpretation or execution of the contracts.

Article 103. The disputes arising out of the interpretation or application of the contracts concluded on the basis of this Law shall be settled by the federal courts, in cases where no arbitration clause or alternative means of dispute settlement has been agreed, or are not applicable.

Article 104. The provisions of this Chapter shall apply to entities only where their laws do not expressly regulate how they may resolve their controversies.

TRANSIENT

FIRST.- This Law shall enter into force sixty days after that of its publication in the Official Journal of the Federation.

SECOND.- The Law on Procurement and Public Works is repealed, as regards the provisions on public works.

THIRD.- The administrative provisions issued in this field, in force at the time of publication of this order, will continue to apply in all they do not object to this Law, as long as they are required to replace them.

FOURTH.- The Federal Executive will issue the Regulation of this Law no longer than 120 calendar days, counted from the day following the day of the This order is effective.

QUINTO.- The procurement procedures; the application of penalties and non-conformities, as well as other matters that are pending or pending Resolution shall be processed and resolved in accordance with the provisions in force at the time of the start.

Public works and service contracts related to the same ones that are in force when this Law comes into force, will continue to be governed by the provisions in force at the time they were concluded.

The administrative divisions that for reasons attributable to the contractor have been determined in accordance with the provisions of the Law on Procurement and Public Works, continue to consider for the purposes of Articles 51, fraction III, and 78, fraction II of this Law.

Mexico, D.F., on November 30, 1999.-Sen. Dionisio Pérez Jacome, Acting Vice President.-Dip. Francisco José Paoli Bolio, President.-Sen. Raul Juarez Valencia, Secretary.-Dip. Francisco J. Loyo Ramos, Secretary.-Rubicas".

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-nine days of December of a thousand nine hundred and ninety-nine.- Ernesto Zedillo Ponce de León.-Rubrica.-El Secretary of Government, Diodoro Carrasco Altamirano.-Heading.