Law Of Acquisitions, Leases And Public Sector Services

Original Language Title: Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público

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Law on Procurement, Leases and Services of the Public Sector

PROCUREMENT LAW, LEASES AND PUBLIC SECTOR SERVICES

Official Journal of the Federation January 4, 2000

Last Reform Published DOF November 10, 2014

Effective Note: Reformation to the third paragraph of Article 1, published by DOF Decree 11-08-2014, shall enter into force in accordance with the provisions of the Second Transitional Article of that Decree

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:

PROCUREMENT LAW, LEASES AND PUBLIC SECTOR SERVICES

Title First

General Provisions

Single Chapter

Article 1. This Law is of public order and aims to regulate the application of Article 134 of the Constitution. Mexican policy on acquisitions, leases of movable property and the provision of services of any kind, which they undertake:

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 parastatal entity, and

VI. Federative entities, municipalities and public entities of each other, with full or partial charge to federal resources, under the agreements to hold 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 respect of acquisitions, leases and services, they 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 contract with them, by holding onto its own control bodies.

acquisitions, leases, and services that they hire the productive enterprises of the State and their subsidiary productive enterprises are excluded from the application of this order.

The acquisitions, leases and services to be carried out by the Public Research Centers with the self-generated resources of their Research Funds Scientific and Technological Development provided for in the Law of Science and Technology, will be governed according to the rules of operation of these funds, to the criteria and procedures that in these matters issue the governing bodies of these Centers, thus as to the administrative provisions which, if necessary, it considers necessary to issue the Secretariat of the Civil Service or the Secretariat, within the scope of their respective competences, with the management of these resources efficiently, efficiently and honestly to meet the objectives to which they are intended and to ensure the better conditions available in terms of price, quality, financing, opportunity and other relevant circumstances.

Contracts that conclude dependencies with entities, or between entities, and legal acts that are held 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; however, these acts will be subject to this order, when the dependency or entity required to deliver the goods or to provide the service, do not have the capacity to do so by itself and hire a third party for its realization.

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 government's electronic public information system on acquisitions, leases and services, integrated with other information, for the annual programmes in the field, the agencies and entities; the single register of suppliers; the register of social witnesses; the registration of sanctioned suppliers; calls for tenders and their modifications; invitations to tender at least three persons; the minutes of the clarification boards, of the act of presentation and opening of proposals and of failure; the testimonies of the social witnesses; the data of the contracts and the amending conventions; the direct awards; the resolutions of the instance of non-conformity which have caused status, and the corresponding notifications and warnings. 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.     Supplier: the person who holds procurement, lease or service contracts;

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

VIII. Subsequent offers of discounts: mode used in public tenders, in which the bidders, when submitting their proposals, have the possibility that, after the presentation and opening of the closed envelope that contain its economic proposal, make one or more subsequent offers of discounts that improve the price offered in the initial form, without this meaning the possibility of varying the specifications or characteristics originally contained in its technical proposal;

IX.     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;

X.      Market research: the verification of the existence of goods, leases or services, of suppliers at national or international level and of the estimated price based on the information obtained in the dependency or entity, public or private bodies, manufacturers of goods or service providers, or a combination of such sources of information;

XI.     Price not acceptable: it is that which is derived from the market research carried out, is more than ten percent higher than the one observed as a median in that investigation or in its defect, the average of the offers submitted in the same tender, and

XII.   Appropriate price: it is the one that is determined from obtaining the average of the preponderant prices that result from the proposals accepted technically in the tender, and to this one is subtracted the percentage that determines the dependency or entity in its policies, bases, and guidelines.

Article 3.- For the purposes of this Act, between acquisitions, leases and services, the following are included:

I.        The acquisitions and leases of movable property;

II. The acquisitions of movable property to be incorporated, adhered to, or destined for a building, which are necessary for the construction of the works public by direct administration, or by those who supply the premises and entities in accordance with the terms of public works contracts;

III. The acquisitions of movable property that include the installation, by the supplier, in buildings that are under the responsibility of the dependencies and entities, when their price is higher than that of their installation;

IV.      The contracting of services relating to movable property which is incorporated or attached to buildings, the maintenance of which does not involve any modification to the building itself, and is provided by persons whose commercial activity corresponds to the required service;

V.       The reconstruction and maintenance of movable property; maquila; insurance; transportation of movable property or persons, and the hiring of cleaning and surveillance services;

VI. The provision of long-term services involving resources from various fiscal years, by a supplier investor, which is required to provide them with the assets they provide on their own or through a third party, in accordance with a project for the provision of such services;

VII. The provision of services of natural persons, except for the hiring of subordinate personal services or under the fee regime;

VIII. The hiring of consultancies, consultants, studies and research, and

IX. In general, services of any nature whose benefit generates a payment obligation for the dependencies and entities, except that the procurement is regulated in a specific manner 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 a service is located in the hypothesis of this fraction.

Article 4.- The application of this Law shall be without prejudice to the provisions of the Treaties.

Article 5.- It will be the responsibility of the dependencies and entities to contract the corresponding services to maintain adequate and successfully secured the goods with which they are counted.

The provisions of the preceding paragraph shall not apply where, by reason of the nature of the goods or the type of risk to which they are exposed, the cost of (a) to ensure that there is no direct link to the benefit which could be obtained or to ensure that there is no supply of insurance on the market for the goods in question. The Secretariat shall authorise the application of the derogation in advance.

Article 6. Repeals.

Article 7. The Secretariat, the Secretariat of the Economy and the Secretariat of the Civil Service, in the field of their respective powers, they shall be entitled 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, shall be in charge of establishing the guidelines according to which the profiles will be determined of the public servants concerned in the field of public procurement, as well as those relating to the training for the proper performance of their functions in the matters referred to in this Law.

Article 8. 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 agencies and entities, resulting from programmes aimed at promoting the participation of national enterprises, in particular micro, small and medium-sized enterprises. In addition, the agencies and entities will have to design and implement programs for the development of micro, small and medium-sized national enterprises to generate supply chains for goods and services that bid regularly.

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 9.- In the field of acquisitions, leases and services, the owners of government agencies and agencies of the entities will be 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, 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 10. In cases of acquisitions, leases, or services financed by funds from external credits granted to the Federal Government or to its guarantee by regional or multilateral financial organizations, the procedures, requirements and other arrangements for its procurement shall be established, with the opinion of the Secretariat, by the Secretariat of the Public function by applying the provisions of the This Law must be specified in the corresponding calls, invitations and contracts.

Article 11. They shall be liable for this Law and any other provisions resulting from it, as appropriate, the Code Federal Civil, the Federal Administrative Procedure Act and the Federal Code of Civil Procedures.

The above without prejudice to the provisions of Article 61 of this Law.

Article 12. Dependencies and entities, prior to the lease of movable property, shall conduct the feasibility for the purpose of determining the convenience for purchase by leasing with option to purchase.

Article 12 Bis. To determine the convenience of the acquisition of used or reconstructed movable property, the dependencies and institutions must carry out a cost-benefit study, showing the appropriateness of their acquisition in comparison with new goods; the study must be carried out by means of the applicable provisions, issued within the previous six months, when the good has a value more than one hundred thousand times the general minimum wage in the Federal District, which must be integrated into the respective procurement file.

Article 13. Dependencies and entities will not be able to fund suppliers. The granting of advances, which in any case, shall be guaranteed in the terms of Article 48 of this Law, shall not be considered to be a financing operation.

Dealing with goods whose manufacturing process is more than 60 days, the premises or entities shall grant in equal circumstances from 10 to 50 percent of advance in the case of micro, small and medium-sized national enterprises, as established by the Regulation of this Law.

Dependencies and entities may, within their authorised budget, under their responsibility and for justified and substantiated reasons, authorise the payment of subscriptions, insurance or other services, where it is not possible to agree that its cost is covered after the service is provided.

Article 14. In open international procurement procedures, dependencies and entities will opt, in equal conditions, for the employment of the human resources of the country and for the acquisition and leasing of goods produced in the country and that have the percentage of national content indicated in article 28 fraction I, of this Law, which must be counted, in the economic comparison of the proposals, with a margin of up to 15% preference in the price for the import goods, in accordance with the rules established by the Secretariat of the Economy, after the opinion of the Secretariat and the Secretariat of the Civil Service.

In the case of a public tender for the acquisition of goods, leases or services using the assessment of points and percentages, points shall be awarded in the terms of this Law, to persons with disabilities or to the undertaking which has disabled workers in a proportion of five per cent at least of the whole of its employees ' plant, the age of which is not less than six months, which will be checked with the High Notice to the compulsory regime of the Institute Mexican Social Security. Also, points will be given to micro, small or medium-sized enterprises that produce goods with technological innovation, according to the corresponding constancy issued by the Mexican Institute of Industrial Property, which will not be able to For more than five years. Similarly, points will be awarded to companies that have applied gender equality policies and practices, in accordance with the corresponding certification issued by the authorities and bodies empowered to do so.

Article 15. The acts, contracts, and conventions that the dependencies and entities perform or hold in contravention of the provided by this Law, shall be void upon determination of the competent authority.

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

Article 16. Contracts concluded abroad in respect of goods, leases or services to be used or provided outside the national territory, shall be governed by the law of the place where the act is formalised, applying the provisions of this Law.

Where goods, leases or services of foreign origin have been used or provided in the country, their procurement procedure and contracts must be carried out within the national territory.

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, goods, leases or 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 supplier, as well as for the goods, leases and services to be hired and the price of the goods, depending on the circumstances in each case, must be based on criteria of economy, efficiency, efficiency, impartiality, honesty and transparency to ensure the best conditions for the State, which shall consist in a letter signed by the holder of the user or requesting area, and the opinion of the origin of the contract shall be authorized by the holder of the dependency or entity, or that public servant in whom the latter delegate 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.

Article 17. The Secretariat of the Civil Service, by means of general provisions, hearing the opinion of the Secretariat In the case of the economy, it shall determine, where appropriate, the goods, leases or services of general use which, on a consolidated basis, may acquire, lease or hire the premises and entities in order to obtain the best conditions as to quality, price and opportunity, and support under conditions of competition to priority areas of development.

The Secretariat of the Civil Service, under the terms of the Regulation of this Law, may promote framework contracts, after determining the technical and quality agreed with the dependencies and entities, by which they acquire goods, leases or services, through the subscription of specific contracts.

As provided for in the preceding paragraphs, it is without prejudice that the dependencies and entities may be grouped together to acquire their assets in a consolidated form or services.

In matters of insurance that are contracted in favor of the public servants of the agencies, including the life insurance of the pensioners, the Secretariat will implement consolidated procurement procedures and shall conclude the relevant contracts. Entities may request their incorporation into the hires that are made for the dependencies, as long as they do not involve duality of benefits for the public servants.

Title Second

Planning, Programming, and Budget

The Title is repealed (new Title Second relocated from item 26).

Single Chapter

The Chapter is repealed.

Article 18. In the planning of acquisitions, leases, and services that are intended to be carried out subject to the provisions of Article 1 of this Law, fractions I to VI shall comply with:

I.        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

II.      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 19. Dependencies or entities that require the hiring of consulting, advisory, study, and investigations, they will verify in their files the existence of works on the subject 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 dependency or entity, the procurement, with the exception of those jobs 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.

The eogation for the recruitment of consulting, advisory, study and research services shall require the written authorization of the holder of the dependency or entity, or the public servant in whom the assignment is delegated, as well as the opinion of the respective area, that no trained or available personnel are available for their performance.

The delegation referred to in the preceding paragraph shall in no case be placed on a public servant level lower than that of the Director-General at the premises or his/her equivalent in the entities.

Article 20.- Dependencies and entities will formulate their annual procurement, lease and service programs, and which cover more than one budget year, as well as their respective budgets, considering:

I.        Previous, during, and post-completion actions for those operations;

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

III.     The physical and financial calendarisation of the required resources;

IV.      The units responsible for your instrumentation;

V.       Its substantive, administrative and investment support programmes, as well as, where appropriate, those relating to the purchase of goods for subsequent marketing, including those to be subject to production processes;

VI.      The existence in sufficient quantity of the goods; the estimated deadlines of supply; the technological advances incorporated in the goods, and in their case the plans, projects and specifications;

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

VIII.   The requirements for the maintenance of the movable property in his office; and

IX.      Other forecasts to be taken into account according to the nature and characteristics of acquisitions, leases or services.

Article 21. The dependencies and entities will make available to the general public, through the CompraNet and its page in Internet, by 31 January of each year at the latest, its annual programme of acquisitions, leases and services corresponding to the fiscal year concerned, with the exception of that information which, in accordance with the provisions of the applicable, whether of a reserved or confidential nature, in terms of established in the Federal Law on Transparency and Access to Government Public Information.

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

Article 22. Dependencies and entities must set up procurement, lease, and service committees that they will have the following functions:

I.     Review the program and budget for acquisitions, leases and services, as well as their modifications, and formulate appropriate observations and recommendations;

II.   To rule prior to the initiation of the procedure, on the origin of the exception to the public tender for being in one of the cases referred to in the fractions I, III, VIII, IX second paragraph, X, XIII, XIV, XV, XVI, XVII, XVIII and XIX of Article 41 of this Law. Such a function may also be exercised directly 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;

III. Dictate the projects of policies, bases and guidelines on acquisitions, leases and services presented to it, as well as submit them to the consideration of the owner of the agency or the governing body of the entities; their case, to authorise the assumptions not provided for in the case.

The committees will establish in these policies, bases and guidelines, the aspects of sustainability environmental, including the assessment of technologies that allow the reduction of greenhouse gas emissions and energy efficiency, to be observed in acquisitions, leases and services, in order to optimize and Sustainably use resources to decrease financial and environmental costs;

IV.   Analyze 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 acquisitions, leases and services, run in time and form, as well as propose measures to improve or correct their procurement and execution processes;

V.    Authorize, when justified, the creation of subcommittees for acquisitions, leases and services, as well as approve the integration and operation of such subcommittees;

VI.   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 Senior Officer or equivalent;

b) Headlines vowels must have a level Minimum general manager hierarchical or equivalent;

c) The total number of Committee members must be be odd, who shall invariably cast their vote in each of the matters to be taken into consideration;

d) The legal area and the internal control body of the unit or entity, must attend the 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 should rule in the same session the matters to be considered; the Rules of Procedure 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, and

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

The Secretariat of the Civil Service may authorize the creation of committees in unconcentrated organs, when the amount and amount of their operations or characteristics of their functions so warrant.

Where, by the nature of their duties or by the scale of their operations, the installation of a committee, the Secretariat of the Function, is not justified Public may authorize the corresponding exception.

The Secretariat of the Civil Service may participate as an advisor in the committees and subcommittees referred to in this article, and shall be given a reasoned and reasoned opinion. when you issue your opinions.

Article 23. The Federal Executive, through the Secretariat of the Civil Service, will determine the dependencies and entities to install joint consultative commissions for supply, depending on the volume, characteristics and importance of the acquisitions, leases and services they employ. These commissions shall be subject to:

I.        To promote and strengthen the communication of the own dependencies and entities with the suppliers, in order to achieve a better planning of the acquisitions, leases and services;

II.      Collaborate on the implementation of national vendor development programs;

III.     Promote and agree on efficient import substitution programs, as well as internal simplification of administrative procedures performed by agencies or entities related to acquisitions, leases and services;

IV.      Issue recommendations on goals of using agreed purchases with other countries;

V.       Promote actions that encourage the supply of micro, small and medium-sized enterprises, as well as the consumption by other companies of the goods or services that produce or lend them;

VI.      To disseminate and encourage the use of various stimuli from the federal government and funding programs to support the manufacture of goods;

VII.    Inform the procurement, lease and service committees of the recommendations raised within the committees;

VIII. Develop and approve the commission's integration and functioning manual, in accordance with the basis of the Secretariat of the Civil Service, and

IX.      Know and review the international tender programs of the dependency or entity concerned.

Article 24. Planning, scheduling, budgeting, and spending for acquisitions, leases, and services subject to the specific provisions of the Federation's Government Budget, as well as the provisions of the Federal Budget and Accountability Act and other applicable provisions and the resources allocated for that purpose. administer with efficiency, effectiveness, economy, transparency, honesty and impartiality to satisfy the objectives to which they are intended.

Article 25. Dependencies and entities, under their responsibility, may convene, award or contract acquisitions, leases and services, from their authorised budget and subject to the corresponding expenditure 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.

In acquisitions, leases and services, the validity of which is for a financial year, the units or entities shall determine both the budget total as for the financial years in question; in the formulation of the budgets for subsequent years, the costs that are in force at the time, will be considered, and priority will be given to the forecasts for compliance of the obligations incurred in previous years.

For the purposes of the preceding paragraph, the agencies and entities shall observe the provisions of Article 50 of the Federal Budget and Accountability Act. Information about these contracts will be disseminated through CompraNet.

Title Second

of the Procurement Procedures

Chapter First

Generalities

Article 26. Dependencies and entities will select from the following procedures, the one that agreement with 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.

Acquisitions, leases and services will, as a general rule, be awarded through public tenders, by means of public notice, in order to freely present proposals, solvent in closed, that will be opened publicly, in order to assure the State the best conditions available in terms of price, quality, financing, opportunity, economic growth, generation of employment, energy efficiency, responsible use of water, optimization and sustainable use of resources, as well as environmental protection and other relevant circumstances, in accordance with the provisions of this Law.

Dealing with wood procurement, furniture and office supplies manufactured with wood, certificates awarded by third parties must be required registered with the Secretariat of the Environment and Natural Resources, which guarantee the origin and sustainable management of the forest exploitation of the wood. As regards supplies of office manufactured with wood, the provisions of the Regulation of this Law shall apply.

In paper acquisitions for office use, the office shall contain a minimum of fifty percent of the fibres of recycled material or natural fibres. derived from wood or raw materials from sustainably managed forest use in the national territory which are certified in accordance with the provisions of the preceding paragraph or of their combinations and processed in chlorine-free bleaching processes.

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.

Prior to the commencement of the procurement procedures provided for in this article, the agencies and entities will have to conduct a market investigation of which the conditions prevailing in the contract, in respect of the good, tenancy or service which is the subject of the procurement, must be provided for in order to seek the best conditions for the State.

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.

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 issuing of the judgment or, where appropriate, with 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 26 Bis. The public tender according to the means used, may be:

I.     Presential, in which the bidders can exclusively present their proposals in documentary form and in writing, in closed, during the act of presentation and opening of proposals, or, if this is foreseen in the call to the tender, by using the postal or courier service.

The boards of clarifications, the act of presentation and opening of proposals and the act of failure, be carried out in person, to which the tenderers may attend, without prejudice to the fact that the judgment may be notified in writing in accordance with the provisions of Article 37 of this Law;

II.   Electronics, in which only the participation of the bidders through CompraNet will be permitted, means of electronic identification will be used, the communications will produce the effects that the article 27 of this Law indicates.

The boards of clarifications, the act of presentation and opening of proposals and the act of failure, only be made through CompraNet and without the presence of the bidders in those acts, and

III. Mixed, in which the bidders, at their choice, may participate in an in-person or electronic form in the or the boards of clarifications, the act of presentation and opening of proposals and the act of failure.

Article 26 Ter. In public tenders, the amount of which is based on the equivalent of five million days of minimum wage In the Federal District and in cases determined by the Secretariat of the Civil Service, taking into account the impact that the hiring has on the substantive programs of the agency or entity, social witnesses will participate as 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 your rights or foreign nationals whose migratory status permits the function to be developed;

b) When it is an organization not Government, accredit that it is constituted according to the applicable legal provisions and that it is not for profit purposes;

c) Not having been sentenced with a custodial sentence freedom;

d) Not being an active public server 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 whether Federal, State, municipal or by competent authority abroad;

f) Submit Curriculum in which the academic degrees, the relevant specialty, the work experience and, where appropriate, teaching experience, as well as the recognition that has been received at the academic and professional level;

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

h) Present written demonstration under protest to tell the truth that it will refrain from participating 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 dependencies, entities, and the Secretariat of the Civil Service Enhancements to strengthen transparency, impartiality and legal provisions regarding acquisitions, leases and services;

b) Tracking the establishment of the actions that were recommended as a result of their participation in the hiring; and

c) Issue at the end of your participation a corresponding testimony from which they shall deliver 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 27. Public tenders may be carried out through electronic means, in accordance with the provisions administrative units issued by the Secretariat of the Civil Service, in which case the administrative units which are authorized by it, shall be obliged to carry out all their tendering procedures by means of such means, except in cases where justified by the Secretariat of the Civil Service.

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.

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 means that electronic means of identification will be used, which will produce the same effects as the laws give to the relevant documents and will therefore have the same evidentiary value.

Chapter Second

Of The Public Tender

Article 28. The character of public tenders, will be:

I.     Nacional, in which only persons of Mexican nationality may participate and the goods to be acquired are produced in the country and have at least fifty percent of national content, which will be determined by the labour force, inputs of the goods and other aspects to be determined by the Secretariat of the Economy by means of general rules, or by being below the thresholds laid down in the Treaties, or where they have been exceeded; has made the corresponding reservation.

The Ministry of Economy by means of general rules will establish the cases of exception for such content, as well as an expedited procedure for determining the percentage of the content, subject to the opinion of the Secretariat and the Secretariat of the Civil Service.

Dealing with the hiring of leases and services, only persons may participate Mexican nationality.

II.   International under the cover of treaties, in which only Mexican and foreign bidders from countries with which our country has a free trade agreement with government procurement, will be able to participate when it results mandatory in accordance with the provisions of the free trade agreements, which contain provisions on public sector purchases and under whose express coverage the invitation to tender has been issued, in accordance with the rules of origin provided for by the and general rules for national goods to be issued by the Secretary of Economy, after the opinion of the Secretariat of the Civil Service, and

a) (Repeals)

b) (Repeals)

III. Open international, in which Mexican and foreign bidders may participate, whatever the origin of the goods to be acquired or leased and from the services to be hired, when:

a) One of a national character has been performed declared deserted, or

b) So be stipulated for hiring funded by external credits granted to or with the federal government.

In the tenders provided for in this fraction, to determine the convenience of the price of the goods, leases or services, shall be considered to be a margin of up to 15% in favour of the lowest prevailing price on the domestic market, on an equal basis, in respect of the prices of goods, leases or services of provenance This is the result of the market investigation. corresponding.

In the tender cases provided for in Sections II and III of this Article, the Secretariat of the Economy, by publication in the Official Journal of the The Federation shall determine the cases in which the participants must show to the convener that the prices they present in their economic proposal are not listed under conditions of unfair international trade practices in their discrimination of prices or subsidies.

In cases where a national public tender has been declared deserted and provided that the procurement is not subject to the scope of coverage of the Treaties, dependencies and entities may choose, without distinction, to conduct an international tender under the cover of treaties or an open international.

Where in the procedures for the procurement of services, the supply of movable property is included and the value of such goods is equal to or greater than fifty per cent of the total value of the procurement, the transaction shall be considered as the purchase of movable property. For the purposes of the foregoing, in the concept of the supply of movable property, only the goods that shall form part of the inventory of the units or entities convened shall be considered.

In public tenders, the mode of subsequent offers of discounts for the purchase of movable property or services, the description of which and technical characteristics can be objectively defined and the legal and technical evaluation of the proposals of the bidders can be carried out immediately, at the conclusion of the event of presentation and opening of proposals, in accordance with the guidelines issued by the Secretariat of the Civil Service, provided that the units or entities in question duly justify the use of that modality and that they are satisfied that there is sufficient competitiveness in accordance with the relevant market investigation.

In the case of public tenders involving individual micro, small and medium-sized enterprises, the mode of tenders will not apply. subsequent discount.

Article 29. The call for public tender, in which the bases on which the contract will be developed will be established the procedure and in which the requirements for participation shall be described, shall contain:

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

II.     The detailed description of the goods, leases or services, as well as the aspects that the convener considers necessary to determine the object and scope of the procurement;

III.    The date, time and place of the first meeting of clarification to the invitation to tender, the act of presentation and opening of proposals and of the one in which the ruling, of the signature of the contract, will be made known in its case, the reduction of the time limit, and whether the invitation to tender will be in-person, electronic or mixed, and the indication of the manner in which the proposals are to be submitted;

IV.     The character of the tender and the language or languages, in addition to the Spanish, in which the proposals may be presented. Technical annexes and brochures in the language or languages to be determined by the convener;

V.      The requirements to be met by those interested in participating in the procedure, who must not limit the free participation, competition and economic competence;

VI.     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;

VII.   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;

VIII. Specify that it will be a requirement for the bidders to submit together with the envelope closed a written statement, in protest of telling the truth, of not being in any of the cases established by the articles 50 and 60 penultimate paragraph, this Act;

IX.     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;

X.      If, in order to verify compliance with the requested specifications, the test is required, the method of execution and the minimum result to be obtained will be specified in accordance with the Federal Metrology Law and Normalization;

XI.     The indication as to whether the procurement will cover one or more fiscal years, whether it will be an open contract, and where appropriate, the justification for not accepting joint proposals;

XII.   The indication as to whether all the goods or services covered by the invitation to tender or, for each item or concept thereof, shall be awarded to a single tender or whether the award shall be made by means of the supply procedure simultaneous, in which case the number of supply sources required shall be specified, the percentages to be allocated to each and the differential percentage in price to be considered;

XIII. The specific criteria that will be used for the evaluation of the proposals and award of the contracts, the criteria of points and percentages, or the profit cost, should be used preferably;

XIV.   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 66 of the Treaty. Present Law;

XV.    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, and

XVI.   Model of contract to which the parties shall be subject to the invitation to tender, which shall contain the requirements referred to in Article 45 of this Law.

For the participation, award or procurement of acquisitions, leases or services, no requirements may be established for the purpose or effect of limiting 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 the prior recommendations that, if any, issue the Federal Competition Commission in terms of the Federal Economic Competition Act.

Prior to the publication of the call for public tender, the agencies and entities will be able to disseminate the project of the same through CompraNet, at least for ten working days, during which time they will receive the relevant comments in the electronic address for which they are intended.

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 30. The publication of the call for public tender will be made through CompraNet and its procurement will be free. In addition, at the same time, a summary of the invitation to tender, which shall contain, inter alia, the subject of the invitation to tender, the volume to be acquired, 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 31. Repeals.

Article 32. The time limit for the submission and opening of proposals for international tenders may not be lower to twenty calendar days, counted 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 goods or services, the holder of the area responsible for the procurement may reduce the time limits to no less than 10 calendar days from the date of publication of the call, provided that this does not aim to limit the number of of participants.

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

Article 33. Dependencies and entities, provided that this is not intended to limit the number of bidders, may amend points set out in the call, no later than the seventh calendar day prior to the act of submission and opening of proposals, and shall disseminate those amendments to CompraNet, at the latest on the working day following the day on which it is

The amendments referred to in the preceding paragraph may not in any case consist of the replacement of the goods or services originally called, others of different categories or in significant variation of their characteristics.

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.

The convener must perform at least one board of clarifications, with the bidders being optional to attend.

Article 33 Bis. 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 technical or user area of the goods, leases or services that are the subject of procurement, in order to ensure 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 submitted via or delivered to the CompraNet, depending on the type of invitation to tender, at the latest. Twenty-four hours before the date and time the clarification board is to be performed.

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 34. The delivery of proposals will be made in envelope that will contain the technical and economic offer. 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.

The documentation other than the proposition may be delivered, at the choice of the tender, inside or outside the envelope containing it.

Two or more persons may jointly present a proposal without the need to constitute a society, or a new society in the case of moral persons; for such effects, the proposal and the contract will establish precisely the obligations of each of them, as well as the manner in which their compliance would be required. 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 Public Function.

When the joint proposal is awarded with a contract, the instrument must be signed by the legal representative of each person participants in the proposal, to whom it will be considered, for the purposes of the procedure and the contract, as jointly and severally responsible, as established 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.

Prior to the act of presentation and opening of proposals, the convener may carry out the registration of participants, as well as carry out preliminary revisions to the documentation other than the proposition. The above will be optional for the bidders, so it will not be possible to prevent the access to those who decide to present their documentation and proposals on the date, time and place established for the celebration of the said act.

Article 35. The act of presentation and opening of proposals shall be carried out on the day, place and time provided for in the call for tender, as follows:

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 twenty calendar days following that laid down for this act and may be deferred, provided that the new period laid down does not exceed 20 calendar days from the date of time originally set.

Dealing with tenders where the mode of subsequent offers of discounts is used, after the technical evaluation, will be indicated when the start will be made the bids of the bidders.

Article 36. The dependencies and entities for the evaluation of the proposals must use the criterion indicated in the call for tender.

In all cases the convenors must verify that the proposals meet the requirements requested in the call for tender; the use of the Binary assessment criterion, by which only those who meet the requirements set by the convener and offer the lowest price are awarded, will be applicable when it is not possible to use the criteria of points and percentages or cost benefit. In this case, the convener will evaluate at least the two proposals whose price will be lower; if they do not result in these solvents, they will be evaluated for the price.

When dependencies and entities require to obtain goods, leases or services that involve the use of high technical or technical innovation technology, they should use the criterion of evaluation of points and percentages or of benefit cost.

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.

Among the requirements whose non-compliance does not affect the solvency of the proposal, they will be considered: the proposal of a shorter delivery time to the requested one, in which case, To be awarded and to agree to the convener could be accepted; omitting aspects that can be covered with information contained in the own technical or economic proposal; the not observing the established formats, if provided in a way clear the required information; and the failure to observe requirements that lack legal basis or any other which is not intended to objectively determine the solvency of the proposed proposal. In no case shall the convener or the bidders be able to supply or correct the deficiencies of the proposals submitted.

Article 36 Bis. Once the evaluation of the proposals is made, the contract will be awarded to the tender whose offer is solvent, because it complies with the legal, technical and economic requirements set out in the call for tender, and therefore ensures compliance with the respective obligations and, where applicable:

I.     The proposition has obtained the best result in the combined evaluation of points and percentages, or, of benefit cost;

II.   If the methods mentioned in the previous fraction have not been used, the proposal would have offered the lowest price, provided that it is convenient. The prices offered below the appropriate price may be disposed of by the convener, and

III. A who offers the lowest price resulting from the use of the subsequent offer mode of discounts, provided that the proposition is technically and economically solvent.

For the cases mentioned in Sections I and II of this Article, in the event of a level playing field, preference will be given to persons who integrate the sector of micro, small and medium-sized national enterprises.

For the draw to be drawn between persons in the designated sector, the award shall be made in favour of the tender which is the winner of the draw which is carried out in terms of of the Rules of Procedure. In public tenders with 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 37. 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;

III. In case it is determined that the price of a proposition is not acceptable or not suitable, it must be annexed copy of the investigation of the price or the corresponding calculation;

IV.   Name of the tenderers to whom the contract is awarded, indicating the reasons for the award, in accordance with the criteria laid down in the call, as well as the indication of the items, the concepts and amounts allocated to each bidder;

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

VI.   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.

In the event that the tender or any departure is declared deserted, the reasons that motivated it shall be stated in the judgment.

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

When the invitation to tender is in person or mixed, the judgment of the same public board shall be made known to which the tenderers who have been free may attend Proposal submitted by the Commission, copies of the proposal and the respective minutes. 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 the ruling is at their disposal in CompraNet.

In the electronic tenders and for the case of the bidders who sent their proposals by that means in the joint tenders, the judgment, for the purposes of their notification, will be made known through CompraNet on the same day as the public meeting. The bidders will be emailed a notice informing them that the act of the ruling 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.

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

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.

Article 37 Bis. The minutes of the clarification boards, the act of presentation and opening of proposals, and the meeting public in which the judgment is made 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 such assistants, and to the the completion of each act shall be determined by a copy of the relevant act in a visible place, to which the public has access, at 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 38. The dependencies and entities will proceed to declare a tender, when all the Submitted proposals do not meet the requested requirements or the prices of all goods, leases or services offered are not acceptable.

In cases where there are no national providers, a lower percentage may be established in the policies, bases and guidelines than used to determine the price not acceptable, without the same being less than five per cent. The results of the investigation and the calculation to determine the unacceptability of the bid price shall be included in the judgment referred to in Article 37 of this Law.

When a tender or a consignment is declared deserted and the need to contract with the character and requirements requested in the first invitation to tender is required, the a second call may be issued or an entity may choose the exception provided for in Article 41 (VII) of this Law. Where the requirements or the character is modified in respect of the first call, a new procedure shall be called.

Dependencies and entities may cancel a tender, items or concepts included in these, when this is a fortuitous case; force majeure; justified circumstances that exterminate the need to acquire the goods, leases or services, or that any damage or injury to the unit itself or entity could be caused by the proceeding. The determination to cancel the invitation to tender, items or concepts, must specify the event that motivates the decision, which shall be made of the knowledge of the bidders, and shall not be brought against it any recourse, however they may interject the Inconformity in terms of Title Sixth, 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 39. Dependencies and entities will be able to use concurrent provisioning to distribute between two or more suppliers of goods or services, where they have been established by the invitation to tender, provided that they do not restrict free participation. 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.

In this case, the prices of goods or services contained in the same item and distributed between two or more suppliers may not exceed the margin provided for by the convener in the call for tender, which shall not be more than ten per cent of the lowest solvent proposition.

Chapter Third

From Exceptions to Public Tender

Article 40.- In the cases provided for in Article 41 of this Law, the agencies and entities, under their responsibility, may to choose not to carry out the public tender procedure and to 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 proof of the criteria on which it is based, 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 user or applicant area of the goods or services.

In any event, people with immediate response capacity will be invited, as well as with the necessary technical, financial and other resources, and whose business or professional activities are related to the goods or services covered by the contract to be concluded.

In such cases, the holder of the area responsible for the procurement, no later than the last working day of each month, shall send the internal control body to the the entity concerned, a report on the 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 proposals or 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 41 fractions IV and XII of this order.

In the case of the invitation procedure to at least three persons based on fractions III, VII, VIII, IX first paragraph, X, XI, XII, XIV, XV, XVI, XVII and XIX of Article 41 of this Law, the document referred to in the second paragraph of this article, must be accompanied by the names and general data of the persons to be invited; in the case of direct awards, in all cases the name of the person to whom it is proposed must be indicated; procedures, the outcome of the market investigation that served as the basis for their selection should be accompanied.

To the procedures for hiring invitation to at least three persons and for direct award, the character to which they refer shall be applicable Fractions I, II and III of Article 28 of this Law.

Article 41. Dependencies and entities, under their responsibility, may contract acquisitions, leases and services, without being subject to the public tender procedure, by means of the invitation to at least three persons or direct award procedures, where:

I.       There are no technically reasonable alternative or alternative goods or services, or that there is only one possible bidder on the market, or a person who holds the exclusive ownership or licensing of patents, rights author, or other exclusive rights, or as works of art;

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

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

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.

Do not fall within the assumptions to which this fraction refers to the requirements the administrative persons who have the subjects of this Law;

V.       A fortuitous case or force majeure, it is not possible to obtain goods or services by means of the public tender procedure in the time required to deal with the eventuality in question, in this case the quantities or concepts must be limited to what is strictly necessary to address it;

VI.     A contract awarded through a public tender has been terminated, in which case it may be awarded to the bidder who has obtained the second or subsequent places, provided that the difference in price with respect to the proposal initially awarded is no more than a margin of ten per cent. In the case of contracts where the assessment has been carried out by means of points and percentages or cost benefit, it may be awarded to the second or subsequent place, within the said margin;

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

VIII. There are justified reasons for the acquisition or leasing of certain branded goods;

IX.     It is a matter of acquisitions of perishable goods, grains and basic or semi-processed food products, semi-moving.

Likewise, in the case of used or reconstructed goods in which the price may not be greater than the which is determined by means of credit institutions or third parties which are entitled to do so in accordance with the applicable provisions, issued within six months prior to and in force at the time of the award of the contract without prejudice to the provisions of Article 12 Bis of this Law;

X.       The services of consultancies, consultants, studies or research, should apply the invitation to at least three persons, including public and private institutions of higher education and public research centres.

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

XI.     It is a question of acquisitions, leases or services whose hiring is carried out with marginalized farmers or urban groups, such as physical or moral persons;

XII.    It is the acquisition of goods that make the dependencies and entities for their direct marketing or to submit them to productive processes that the same ones perform in fulfillment of their own object or their own purposes in the legal act of its constitution;

XIII. It is the acquisition of goods from persons who, without being a regular supplier, offer goods on favourable terms, because they are in a state of liquidation or dissolution, or, under judicial intervention;

XIV.   The services provided by a natural person referred to in Article 3 (VII) of this Law, provided that they are carried out by themselves without requiring the use of more than one specialist or technician;

XV.     It is a matter of maintenance services for goods where it is not possible to specify their scope, to establish the quantities of work or to determine the corresponding specifications;

XVI.   The object of the contract is the design and manufacture of a good that is used as a prototype to carry out the tests that demonstrate its operation. In such cases the dependency or entity shall agree that the rights to the design, use or any other exclusive right, are constituted in favor of the Federation or of the entities as appropriate. If the evidence is satisfactory, the contract for the production of the highest number of goods shall be formalised by at least twenty per cent of the needs of the dependency or entity, with a period of three years;

XVII. It is a matter of specialized equipment, substances and materials of chemical, chemical or biochemical origin to be used in experimental activities required in scientific research and technological development projects, provided that such projects are authorised by the person who determines the entity's or the entity's governing body;

XVIII. The acquisition of goods or the provision of services for payment purposes is accepted in the terms of the Law of the Federation's Treasury Department;

XIX.   The acquisitions of goods and services related to the operation of nuclear facilities, and

XX.     This is the subscription of specific contracts that result from a framework contract.

The opinion of the origin of the procurement and that it is located in one of the assumptions contained in the fractions II, IV, V, VI, VII, IX first paragraph, XI, XII and XX will be the responsibility of the user or the requesting area.

The hires referred to in this article will preferably be carried out through invitation procedures to at least three persons, in the case of provided for in their fractions VII, VIII, IX first paragraph, XI, XII and XV.

Article 42. Dependencies and entities, under their responsibility, may contract acquisitions, leases and services, without being subject to the public tender procedure, by means of invitation to at least three persons or direct award, where the amount of each operation does not exceed the maximum amounts to be established in the budget of the Discharges from the Federation, provided that the operations do not fractide to be included in the cases of derogation from the public invitation to tender referred to in this Article.

If the amount of the operation corresponds to an invitation to at least three persons, the origin of the direct award can only be authorized by the official greater or equivalent.

The provisions of the third paragraph of Article 40 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 operations performed under this article shall not exceed thirty percent of the budget for acquisitions, leases and services authorised to the unit or entity in each financial year. The procurement shall be in accordance with the limits set out in the Federation's Government Budget.

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 dependency or entity may directly award the contract.

To hire direct awards, the amount of which is equal to or greater than the amount of three hundred times the general daily minimum wage in the Federal District, at least three quotations with the same conditions, which have been obtained in the 30 days prior to the award and are in document in which they are indubitably identified to the offeror supplier.

Article 43. The invitation procedure to at least three people will be subject to the following:

I.     The invitation will be disseminated in the 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 which are technically capable of being 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 time limits for the presentation of the proposals shall be fixed for each operation, taking into account the type of goods, leases or services required, as well as the complexity of the proposal. That period may not be less than five calendar days after the last invitation was delivered, and

V.    To the other provisions of this Law that are applicable to the public tender, being optional for the convening of the meeting of the clarifications.

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

Single Chapter

Article 44. In acquisitions, leases and services the fixed price condition must be agreed. However, in justified cases, the contract may be agreed upon in the contract or increases to the prices, in accordance with the formula or adjustment mechanism to be determined by the convener prior to the presentation of the proposals.

Where, after the award of a contract, economic circumstances of a general nature are presented, as a result of overlapping situations outside the liability of the parties, which directly cause an increase or reduction in the prices of goods or services not yet delivered or rendered or not yet paid, and which for that reason could not have been the subject of consideration in the proposal which served as the basis for the award of the relevant contract, the dependencies and entities shall recognise increases or require reductions, in accordance with the provisions which, where appropriate, shall be issued by the Secretariat of the Civil Service.

For goods or services subject to official prices, the authorised increases shall be recognised.

Article 45. The contract or order will contain, as applicable, the following:

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

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 goods, leases or services covered by the contract awarded to each of the bidders in the procedure, in accordance with their proposal;

VI.     The unit price and the total amount to be paid for the goods, leases or services, or the way in which the total amount will be determined;

VII.    Precision of whether the price is fixed or subject to adjustments and, in the latter case, the formula or condition in which the adjustment will be made and calculated, expressly determining the official indicators or means to be used in that formula;

VIII. In the case of a lease, the indication of whether this is with or without option to purchase;

IX.     The percentages of the advances that, if any, would be granted, which may not exceed fifty percent of the total amount of the contract;

X.       Percentage, number and dates or time of the exhibitions and amortization of the advances to be granted;

XI.     Form, terms, and percentage to ensure advances and contract compliance;

XII.    The date or time, place, and delivery conditions;

XIII. Currency in which the respective payment is made and will be made, which may be in Mexican pesos or foreign currency according to the determination of the convenor, in accordance with the Monetary Law of the United Mexican States;

XIV.   Deadline and conditions of payment of the price of the goods, leases or services, indicating the time when the payment is due;

XV.     The cases in which extensions may be granted for the performance of contractual obligations and the requirements to be observed;

XVI.   The grounds for termination of the contracts, as provided for in this Law;

XVII. The forecasts for the terms and conditions to which the return and replacement of goods will be subject for reasons of quality failures or compliance with specifications originally agreed, without the substitutions involving their modification;

XVIII. The indication of the licenses, authorizations and permits that under other provisions it is necessary to count for the acquisition or lease of goods and the provision of the corresponding services, when they are of the knowledge of the dependency or entity;

XIX.   Conditions, terms and procedures for the application of conventional penalties for delay in the delivery of goods, leases or services, for reasons attributable to suppliers;

XX.     The indication that in the event of violations of rights inherent in intellectual property, liability will be in charge of the bidder or supplier 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;

XXI.   The procedures for dispute resolution, other than the conciliation procedure provided for in this Law, and

XXII. 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 and its annexes are the instruments that bind the parties to their rights and obligations. The stipulations to be laid down in the contract shall not change the conditions laid down in the call for tenders and their clarifications; in the event of a discrepancy, the provisions of the contract shall prevail.

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

Article 46. With the notification of the judgment the rights and obligations set out in the model of the contract of the the procurement procedure and shall require the agency or entity and the person to whom it has been awarded to sign the contract on the date, time and place provided for in the decision itself, or in the call for public tender and in default of such forecasts, within the 15 calendar days following that of the Cited above. Also, with the notification of the judgment the dependency or entity shall make the requisition of the goods or services in question.

If the person concerned does not sign the contract for reasons attributable to it, as referred to in the preceding paragraph, the dependency or entity, without the need for a new procedure, the contract shall be awarded to the participant who has obtained the second place, provided that the difference in price with respect to the proposal initially awarded is not more than 10%. In the case of contracts where the assessment has been carried out by means of points and percentages or cost benefit, it may be awarded to the second place, within the margin of ten per cent of the score, in accordance with the corresponding failure, and so on in case the latter does not accept the award.

The tender to whom the contract has been awarded shall not be required to supply the goods, leases or provide the service, if the dependency or entity, by causes imputable to the same, does not sign the contract. 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 delay of the unit or entity in the delivery of advances shall extend the date of compliance with the obligations of the supplier in the same period.

Rights and obligations arising out of contracts may not be transferred by the supplier in favour of any other person, with the exception of rights in which case the consent of the dependent or entity concerned must be counted.

Article 47. Dependencies and entities may enter open contracts to acquire goods, leases or services that they require repeatedly in accordance with the following:

I. The minimum and maximum amount of the goods, leases or services to be hired shall be established; or, the minimum and maximum budget that may be exercise. The minimum quantity or budget shall not be less than 40% of the maximum amount or budget.

In cases of goods that are exclusively manufactured for the dependencies and entities, the minimum amount or budget that is required may not be less than eighty percent of the maximum amount or budget to be set.

Exclusive manufacturing goods, which require a special manufacturing process determined by the dependency or entity, shall be understood.

No delivery times may be set in which the production of the goods is not feasible, and

II. A complete description of the goods, leases or services with their corresponding unit prices shall be made;

Dependencies and entities with supplier acceptance may make modifications to contracts or orders up to twenty percent of the the maximum amount or budget of any originally agreed item, using for payment the budget of another or other items provided for in the contract itself, provided that it does not result in an increase in the total maximum amount of the contract, without prejudice to the provisions of Article 52 of this Law.

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

I.        The advances which, if any, they receive. These guarantees shall be constituted by the total amount of the advances, and

II.      Compliance with the contracts.

For the purposes of this Article, the holders of the institutions or governing bodies of the institutions shall lay down the basis, form and percentages to which they must the guarantees to be lodged, considering the records of compliance of the suppliers in the contracts concluded with the agencies and entities, in order to determine amounts less for them, according to the guidelines the Secretariat of the Civil Service to the effect. In the cases referred to in Sections II, IV, V, XI and XIV of Article 41 and 42 of this Law, the public servant who is required to sign the contract, under his or her responsibility, may exempt the supplier from submitting the guarantee of compliance with the contract. respective.

The persons representing civil society who are involved as witnesses in the procurement procedures shall be exempt from granting compliance with the relevant contract.

The guarantee of compliance with the contract must be submitted within the period or date specified in the call for tender; failing that, at the latest within the 10 calendar days following the signature of the contract, unless the supply of the goods or the provision of the services is carried out within the said period, and the advance payment shall be made prior to the delivery of the goods, at the latest. on the date set in the contract.

Article 49.- The guarantees to be granted under this Law 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 treasurers of the federal authorities or of the municipalities, in the cases of contracts concluded under Article 1 (VI) of the Treaty this Act.

Article 50. Dependencies and entities shall refrain from receiving proposals or awarding any contract in matters to which refers to this Law, with the following persons:

I. Aquellas on which the public server that intervene at any stage of the procurement procedure with personal, family or business interests, including those that may be of benefit to him, his or her spouse or blood relatives up to the fourth grade, affinity or civilians, or for third parties with whom you have relationships professional, working or business, 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; be treated;

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 providers who, by causes In the case of a contract, the unit or entity may have been awarded more than one contract within a period of two calendar years from the date of notification of the first termination. Such an impediment shall prevail upon the office itself or entity convened by the time limit laid down in the policies, bases and guidelines referred to in Article 1 of this Law, which may not exceed two calendar years from the notification of the termination of the second contract;

IV. Those that are disabled by Resolution of the Secretariat of the Civil Service in the terms of Title V of this order and Title VI of the Law on Public Works and Services Related to the Mismas;

V.      The suppliers who are in a situation of delay in the supply of the goods or in the supply of the services for reasons attributable to them, in respect of another or other contracts concluded with the own dependency or entity, provided that they have been seriously impaired;

VI. Aquellas that have been declared subject to trade contest or any similar figure;

VII. Those who present proposals in a the same item of a good or service in a procurement procedure that is 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 persons moral;

VIII. Those who intend to participate in a the procurement procedure and have previously been carried out or are being carried out, by itself or through undertakings forming part of the same business group, under another contract, analysis and quality control work, preparation of specifications, budget or the preparation of any document linked to the procedure in which they are interested in participating, when, in order to carry out such work, they would have had access to inside information which would not be made known to the bidders for the preparation of their proposals;

IX.     Those which in itself or through companies that are part of the same business group intend to be hired for the elaboration of opinions, opinions and guarantees, when these have to be used to resolve discrepancies derived from contracts in which such persons or undertakings are parties;

X.      Those who conclude contracts on matters governed by this Law without being entitled to use intellectual property rights, and

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

XII. Those who hire advisory services, consultancy and support of any kind of persons in the field of government procurement, if it is proven that all or part of the consideration paid to the service provider, in turn, are received by public servants by itself or by Person, regardless of who is receiving them have or are not related to the procurement;

XIII. Those lawfully and unjustifiably for reasons attributable to them, they have not formalised a contract awarded prior to the convener. Such impairment shall prevail upon the institution itself or entity convened by the time limit laid down in the policies, bases and guidelines referred to in Article 1 of this Law, which may not exceed one calendar year from the day on which the term laid down in the call for competition or, where applicable, Article 46 of this Law, for the formalisation of the contract in question has ended, and

XIV. Others that for any cause are found prevented from doing so by law.

The policies, bases and guidelines referred to in Article 1 of this Law, which will issue the agencies and entities whose purpose is to include the provision of services health, may establish that the hypotheses provided for in fractions III and V of this article, are referred only to each of their areas empowered to carry out procurement procedures, in such a way that the one of these to hire in such cases, will not be applicable to the others.

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.

Article 51. The date of payment to the supplier stipulated in the contracts shall be subject to the conditions laid down by the However, it may not exceed 20 calendar days from the delivery of the respective invoice, upon delivery of the goods or services provided in the terms of the contract.

In the event of default in the payments referred to in the preceding paragraph, the dependency or entity, at the request of the supplier, shall pay financial expenses according to the rate that will be equal to that established by the Law of Revenue of the Federation in cases of extension for the payment of tax credits. Such expenditure shall be calculated on the amounts not paid and shall be computed by calendar days from the date of the expiry of the agreed period, until the date on which the quantities are actually made available to the supplier.

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

In the event of termination of the contract, the supplier shall reintegrate the advance and, where appropriate, the progressive payments which have received the corresponding interest, as indicated in this article. Interest shall be calculated on the amount of the unamortised advance and progressive payments made and shall be computed by calendar days from the date of its delivery to the date on which the amounts are effectively put at the disposal of the dependency or entity.

The dependencies and entities will be able to establish in their policies, bases and guidelines, preferably the payment to providers through means of communication electronic.

Article 52. Dependencies and entities may, within their approved and available budget, under their responsibility and by substantiated and explicit reasons, to agree to the increase in the amount of the contract or the quantity of goods, leases or services requested by way of modifications to their existing contracts, provided that the modifications do not exceed, as a whole, the twenty percent of the amount or amount of the concepts or volumes originally set on the same and the price of goods, leases or services is equal to the originally agreed upon.

Dealing with contracts where two or more items are included, the percentage referred to in the preceding paragraph shall apply for each of them.

Where suppliers demonstrate the existence of justified causes which prevent them from complying with the total delivery of the goods in accordance with the quantities agreed upon in the contracts, dependencies and entities may modify them by cancellation of items or part of the amounts originally stipulated, as long as they do not exceed ten percent of the total amount of the respective contract.

Any modification to the contracts must be formalized in writing by the agencies and entities, the respective legal instruments will be subscribed by the public server that has done so in the contract or who replaces it or is empowered to do so.

Dependencies and entities shall refrain from making modifications that relate to prices, advances, progressive payments, specifications and, in general, any changes which involves granting more advantageous conditions to a supplier compared to those originally established.

Article 53.- Dependencies and entities shall agree to conventional penalties by the supplier for the delay in compliance of the agreed dates of delivery or of the service, which shall not exceed the amount of the guarantee of the performance of the contract, and shall be determined on the basis of the goods or services not delivered or provided in a timely manner. For transactions in which price adjustment will be agreed, the penalty will be calculated on the adjusted price.

Suppliers will be obliged to the dependency or entity to respond to the hidden defects and vices of the goods and the quality of the services, as well as any other liability they have incurred, in the terms set out in the respective contract and in the applicable law.

The suppliers will cover the compensatory quotas which, in accordance with the law of the matter, could be subject to the importation of goods subject to a contract, and in these cases will not proceed with increases in agreed prices, or any other changes to the contract.

Article 53 Bis. Dependencies and entities may establish in the call for tender, invitations to at least three persons and contracts, deductions for the payment of goods or services for the partial or deficient non-performance in which the supplier may incur in respect of the items or concepts that make up the contract. In such cases, they will set the default limit from which they will be able to completely or partially cancel the undelivered items or concepts, or terminate the contract in the terms of this article.

Article 54. Dependencies and entities may at any time administratively terminate contracts when the supplier incurs non-compliance with its obligations, in accordance with the following procedure:

I.     It shall start from the fact that the supplier is informed in writing of the non-compliance in which he has incurred, so that within five working days he shall expose what he or she is entitled to and provide, where appropriate, the evidence which he considers to be relevant;

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 supplier has made. The determination of whether or not to terminate the contract shall be duly substantiated, reasoned and communicated to the supplier within that period, and

III. When the contract is terminated, the corresponding finiquito shall be formulated, in order to record the payments to be made by the unit or entity by way of the goods received or the services provided until the moment of termination.

A reconciliation procedure is initiated and the entities, under their responsibility, may suspend the termination of the termination procedure.

If, in advance of the determination to terminate the contract, the goods are delivered or the services provided, the procedure initiated shall be without the effect, upon acceptance and verification of the dependency or entity, that the need for such dependency or entity continues, applying, where appropriate, the relevant conventional penalties.

The dependency or entity may determine not to terminate the contract, when during the procedure it advises that the termination of the contract may cause any damage or damage to the functions entrusted to them. In this case, it will have to draw up an opinion in which it justifies that the economic or operational impacts that would arise from the termination of the contract would be more inconvenient.

When the contract is not terminated, the agency or entity shall establish with the supplier another time limit, which allows it to remedy the non-compliance that the contract has initiation of the procedure. The amending convention which the effect is to be concluded must meet the conditions laid down in the last two paragraphs of Article 52 of this Law.

When for the delay in the delivery of the goods or the provision of the services, or the termination procedure is located in a tax year other than where the contract has been awarded, the unit or entity may receive the goods or services, subject to verification that the need for the goods or services continues to be in force and that the budget item and availability of the contract is tax year in force, the validity of the contract with the prices originally agreed. Any covenant contrary to the provisions of this article shall be deemed null.

Article 54 Bis. The dependency or entity may terminate contracts in advance when there are reasons for general interest, or, where for justified reasons the need to require the goods or services originally contracted is extinguished, and it is shown that if the obligations agreed are to be continued, some damage would be caused or prejudice to the State, or to determine the nullity of the acts which they gave origin of the contract, in order to resolve an inconformity or ex officio intervention issued by the Secretariat of the Civil Service. In these cases, the unit or entity shall reimburse the supplier for any non-recoverable expenses incurred, provided that they are reasonable, duly checked and directly related to the relevant contract.

Article 55.- Dependencies and entities shall be required to maintain assets acquired or leased under conditions (a) appropriate operation and maintenance, as well as monitoring that they are intended for the fulfilment of the programmes and actions previously determined.

For the purposes of the preceding paragraph, dependencies and entities in procurement, leases or services contracts shall stipulate the conditions that ensure their proper operation and operation; where appropriate, the procurement of an insurance policy by the supplier, which ensures the integrity of the goods up to the moment of their delivery and, if necessary, the training of the staff who operate the equipment.

The acquisition of materials whose consumption makes it necessary invariably the use of equipment owned by the supplier can be realized as long as in the Call for tender is established that to whom the contract is awarded shall provide the said equipment at no cost to the unit or entity for the time required for the consumption of the materials.

Article 55 Bis. When in the provision of the service it is presented fortuitous or force majeure, the dependency or entity, Under his responsibility, he may suspend the provision of the service, in which case only those who have actually been provided will be paid and, where appropriate, the unamortised advances shall be reintegrated.

Where the suspension is due to causes attributable to the dependency or entity, upon request and justification by the supplier, the supplier shall reimburse the supplier for the costs (a) recoverable from the duration of the suspension, provided that the suspension is reasonable, duly substantiated and directly related to the contract.

In any of the cases provided for in this article, the parties shall agree to the period of suspension, at which end the early termination of the contract.

Title Fourth

Information and Verification

Single Chapter

Article 56. The form and terms in which the dependencies and entities must refer to the Secretariat of the Civil Service, to the The Secretariat and the Secretariat of Economy, the information concerning the acts and contracts subject to this Law, shall be established by these Secretaries, in the field of their respective attributions.

The administration of the government's electronic public information system on acquisitions, leases and services will be in charge of the Secretariat of the Public Service, through the administrative unit that determines its Regulation, in which the agencies, entities and other subjects of this Law, must incorporate the information that it requires.

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

I.     Contribute to the generation of a general policy in the Federal Public Administration in the field of hiring;

II.   To promote transparency and monitoring of procurement, leases and services in the public sector, 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 procurement programmes, leases and services from dependencies and entities;

b) The single vendor record;

c) The social witness roll;

d) Information derived from the procedures hiring, in the terms of this Act;

e) Notifications and notices relating to the procurement procedures and the instance of non-conformities;

f) The data in the subscribed contracts, which is refers to Article 7, part XIII of the Federal Law on Transparency and Access to Government Public Information;

g) The registration of sanctioned providers, and

h) The resolutions of the instance non-compliance 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 such an arrangement at least for a period of three years from the date of its receipt, except for the accounting documentation, in which case it shall be as provided for by the applicable provisions.

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 56 Bis. The comprehensive information system will count, in the terms of the Regulation of this Law, with a single registration of suppliers, which will classify them according to, among other aspects, their activity, general data, nationality and history 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 suppliers, without the effect of establishing rights or obligations.

Article 57. The Secretariat of the Civil Service, in the exercise of its powers, may verify, at any time, that acquisitions, leases and services are carried out in accordance with the provisions of this Law or other applicable provisions.

The Secretariat of Economy, attentive to its powers and powers, may verify that the goods comply with the requirements regarding the degree of national content or the rules of origin or market and, if they do not comply with those requirements, shall inform the Secretariat of the Civil Service.

The Secretariat of the Civil Service may carry out the visits and inspections it deems relevant to the agencies and entities that carry out acquisitions, leases and services, and may also request public servants and suppliers to participate in them all data and reports related to the acts in question.

Article 58.- The Secretariat of the Civil Service may verify the quality of the movable property through its own the dependency or entity concerned, or by the persons accredited in the terms established by the Federal Law on Metrology and Standardisation.

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 supplier and the representative of the (a) a unit or entity, if it has intervened. Failure to sign the supplier shall not invalidate that opinion.

Title V

of the Infractions and Sanctions

Single Chapter

Article 59. The bidders or suppliers who violate the provisions of this Law shall be sanctioned by the Secretariat of the Public function with 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.

Where the bidders, unjustifiably and for reasons attributable to them, do not form contracts whose amount does not exceed fifty times the general minimum wage in force in the Federal District raised a month, will be fined equivalent to the amount of ten to forty-five times the general minimum wage in force in the Federal District raised a month, at the date of the infringement.

Article 60. The Secretariat of the Civil Service, in addition to the sanction referred to in the first paragraph of the previous article, temporarily disable to participate 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 formalize two or more contracts that have awarded them any dependency or entity within two calendar years, counted from the day on which the phenated the term for formalization of the first non-formalized contract;

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

III.    Suppliers who do not comply with their contractual obligations for reasons attributable to them and which, as a consequence, cause serious damage or damage to the dependency or entity concerned; as well as, those who deliver goods or services with specifications other than those agreed;

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.      Those found in the assumption of Article 50 (XII) of this order, and

VI.     Those that are in the case of the second paragraph of article 74 of this Law.

The disablement that is imposed 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 The Secretariat of the Civil Service will make it known to the agencies and entities, through the publication of 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 the fifteen calendar days following the date on which they are aware of any infringement of the provisions of this Law, shall send to the Secretariat of the Civil Service the evidence of the facts presumably constituting the infringement.

In exceptional cases, upon authorization of the Secretariat of the Civil Service, the agencies and entities may accept proposals from disabled suppliers where it is essential to be the only potential bidders on the market.

Article 61. The Secretariat of the Civil Service will impose the sanctions considering:

I. The damages or damages that occurred during the violation;

II.      The intentional or non-intentional character of the action or constitutive omission of 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 of the Federal Law of Administrative Procedure, applying both the Federal Civil Code and the Federal Code of Civil Procedures.

Article 62. The Secretariat of the Civil Service shall apply the penalties to those who infringe the provisions of this order, 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, where the investigations or revisions are made, it is noted that the act or omission is not serious, or does not imply the probable commission of any crime or property damage to the dependency or entity, or that the act or omission was corrected or subsated spontaneously by the public server or involves manifest error and in any of these assumptions, the effects which, if any, they have produced, have disappeared or have been resented.

Article 63. The responsibilities and penalties referred to in this Law shall be independent of those of civil order, criminal or any other kind that may derive from the commission of the same facts.

Article 64. No penalties shall be imposed when the offence is incurred due to force majeure or fortuitous case, or when the precept that has been stopped is spontaneously observed. 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 60 of this Act.

Title Sixth

of the Dispute Solution

Chapter First

of the Incompliance Instance

Article 65. The Secretariat of the Civil Service will know of the inconformities that are promoted against the acts of the public tender procedures or invitation to at least three persons 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 33 Bis 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 66. Inconformity shall be submitted in writing, directly at the offices of the Secretariat of the Function Public 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 67. The default instance is inappropriate:

I.     Against acts other than those laid down in Article 65 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 68. The overment in the noncompliance instance proceeds when:

I.     The unsatisfied desist expressly;

II.   The convoking sign the contract, in the event that the contested act is of those to which the V-section of Article 65 of this Law refers, and

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

Article 69. 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) Admit the extension of the incompliance;

d) The definitive resolution, and

e) Other agreements or resolutions that ameriten, in the judgment of the investigating authority of the non-conformity;

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 70. The suspension of the acts of the procurement procedure and those resulting from it shall be decreed, provided that requests the inaccordance in its initial letter and notice that there are or may be acts contrary to the provisions of this Law or to which it derives and, in addition, no prejudice to the social interest nor any provision of public order.

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, according to the items which, if appropriate, correspond. 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 71. The authority which is aware of the non-compliance shall examine it and if it finds a manifest reason for its origin, the discard flat.

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 66 (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, resulting in the provisions of Article 66 applicable to the conduct of the procedure.

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 72. Undrowned the evidence shall be made available to the nonconforming and third party concerned for the purposes of within three working days of their written pleadings. 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 73. 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 74. 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 65, 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 59 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 75. The convenor shall abide by the resolution terminating the non-compliance 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 76. On the basis of information known to the Secretariat of the Civil Service, derived from the exercise of its powers The Commission shall be able to carry out ex officio operations in order to review the legality of the acts referred to in Article 65 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 70 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 77. At any time suppliers or agencies and entities may submit to the Secretariat of the Public function request for reconciliation, due to disagreements resulting from the fulfillment of contracts or orders.

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

Article 78. At the conciliation hearing, the Secretariat of the Civil Service, taking into account the facts stated in the application and the arguments that the respective agency or entity shall assert shall determine the common elements and the points of dispute and shall urge the parties to reconcile their interests, in accordance with the provisions of this Law, without prejudge on the conflict raised.

Article 79. On the assumption that the parties reach an agreement during the reconciliation, the respective agreement will force the same, and their compliance may be sued by the appropriate judicial route. 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.

Chapter Third

of Arbitration, Other Dispute Settlement Mechanisms and Competition Judicial

Article 80. Arbitration commitment may be agreed with respect to any disputes arising between the parties interpretation of the terms 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 81. 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 82. The payment of services to the person serving as an arbitrator shall not be subject to this Law.

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

Article 83. The arbitral award shall culminate in the arbitral award, and may be considered for the purposes of settlement comments made by those who have the power to carry them out, on the subject matter of that award.

Article 84. The parties may agree to other dispute settlement mechanisms to resolve their disputes over the dispute. interpretation or execution of contracts.

Article 85. The disputes arising out of the interpretation or application of the contracts concluded on the basis of in this Law, they will be resolved by the federal courts, in cases where no arbitration clause or alternative means of dispute settlement has been agreed, or are not applicable.

Article 86. The provisions of this Chapter shall apply to entities only when their laws do not expressly regulate the how they will be able to resolve their disputes.

TRANSIENT

FIRST.- This Law shall enter into force on the sixty days following that of its publication in the style = 'mso-bidi-font-weight: normal' >Federation Official Journal.

SECOND.- The Procurement and Public Works Act is repealed.

THIRD.- The administrative provisions issued in this field, in force at the time of publication of this order, they shall continue to apply in all cases which 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 The following day the present order takes effect.

QUINTO.- The procedures for hiring, applying sanctions, and nonconformities, as well as other issues that are They shall be processed and resolved in accordance with the provisions in force at the time when they were initiated.

Contracts for acquisitions, leases and services of any nature that are in force upon entry into force of this Law will continue governed by the provisions in force at the time they were concluded. Administrative divisions which, for reasons attributable to the supplier have been determined in accordance with the provisions of the Law on Procurement and Public Works, shall continue to be considered for the purposes of Articles 50, Section III and 60 of this Act.

Mexico, D. F., 30 November 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 this 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.-Heading.-The Secretary of Government, Diodoro Carrasco Altamirano.-Heading.


DECREE reforming articles 14 of the Law on Procurement, Leases and Services of the Sector Public, and 34 of the General Law for Equality between Women and Men.

Published in the Official Journal of the Federation on 10 November 2014

Article First. The second paragraph of Article 14 of the Procurement, Leases and Services Act is reformed. Public Sector, to remain as follows:

.........

Transient

First.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second.- Federal and State Public Administration agencies, in coordination with the Secretariat of Labor and Social Security, the Ministry of Economy and the National Institute of Women must adapt the official Mexican standards, models, processes and manuals for the existing certification, in order to comply with the provisions laid down in the a maximum period of 90 days from the start of the validity of this Decree, having regard to its applicability to the principle of progressiveness.

Mexico, D.F., to October 9, 2014.-Sen. Miguel Barbosa Huerta, President.-Dip. Silvano Aureoles Rabbit, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. Laura Barrera Fortoul, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to five November of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of Governor, Miguel Angel Osorio Chong.-Heading.