Tuesday 31 March 2015 OFFICIAL JOURNAL (Third Section)
FEDERAL DATA PROTECTION AND INFORMATION ACCESS INSTITUTE
AGREEMENT by which the Federal Institute for Access to Information and Data Protection's Procurement, Leases and Services Regulations are approved.
On the sidelines a seal with the National Shield, which says: United Mexican States.-Federal Institute for Access to Information and Data Protection.
AGREEMENT BY WHICH THE FEDERAL INSTITUTE OF ACCESS TO INFORMATION AND DATA PROTECTION ' S REGULATION OF ACQUISITIONS, LEASES AND SERVICES IS APPROVED.
1. That on February 7, two thousand fourteen, the Decree by which various provisions of the Political Constitution of the United Mexican States are reformed and added in the Official Journal of the Federation was promulgated in the Official Journal of the Federation Article 6 of the Treaty on the which establishes that the Federation will have an autonomous, specialized, impartial, collegiate body, with legal personality and own patrimony, with full technical autonomy, management, capacity to decide on the exercise of its budget and determine its internal organisation, which is responsible for ensuring compliance with the right of access to public information and the protection of personal data held by the obliged subjects.
2. That in terms of the eighth transitional article of the aforementioned Decree, as long as the Congress of the Union issues the reforms to the respective laws on transparency, the guarantor body that establishes article 6o. of the Political Constitution of the United Mexican States, shall exercise its powers and powers in accordance with the provisions of the Decree itself and the Federal Law on Transparency and Access to Government Public Information (LFTAIPG).
3. That the Political Constitution of the United Mexican States in its article 134 establishes that the economic resources allocated to the autonomous entities will be administered with efficiency, effectiveness, economy, honesty and transparency.
4. That in addition to Article 37, fraction XVI of the Federal Law of Transparency and Access to Government Public Information, establishes that the Federal Institute for Access to Information and Data Protection (IFAI) has among other powers, that of drawing up its Rules of Procedure and other rules of operation.
5. That to date, in terms of acquisitions, leases and services, the IFAI is governed by the Law on Procurement, Leases and Services of the Public Sector and its Regulations, the Manual of Integration and Operation of the Committee of Acquisitions, Leases and Services of the Institute and the related policies, Bases and Guidelines on Procurement, Leases and Services of the IFAI.
6. That under the terms of Article 1o., second paragraph of the Law on Procurement, Leases and Services of the Public Sector, it provides that persons of federal public law with autonomy derived from the Political Constitution of the United Mexican States, as well as entities that have a specific regime regarding acquisitions, leases and services, will apply the criteria and procedures provided for in the Law, only in the absence of provided for in the orders that govern them and provided that they do not contract with them, subject to its own control bodies.
7. That as a consequence of the above mentioned recital, a process of integration and consultation with various areas of the IFAI was carried out in order to integrate the Regulation which establishes the necessary criteria and procedures of acquisitions, leases and services that the Institute requires.
8. That it is necessary for the IFAI to have the norm to regulate acquisitions, leases and services, under the principles of effectiveness, efficiency, honesty and transparency of the resources that it has, for the fulfillment of its goals and objectives.
9. That this Regulation retakes the assumptions made by the Constitution and in the Law on Procurement, Leases and Services of the Public Sector, adapting them to the functions and attributions of the public servants involved in the procurement processes, leases and services of the Institute itself.
10. That the Regulation defines its own glossary, also incorporating exceptions to the tender processes that allow for the signing of contracts, with academic, cultural, educational and civil organizations, as well as the works and editorial contents derived from the Editorial Committee, and the products derived from the certamenes and calls issued by the Institute linked to the promotion of the rights of access to information and data protection.
11. That the Regulation also provides for the extension of the amount in the acquisition of goods and services for the operation of the Institute, in order to address the requirements that the Institute needs for its timely, immediate or generate economies, provided there are circumstances that warrant it.
12. That the Regulation establishes the set of responsibilities of the head of the Directorate General of Administration, among which is the one to elaborate the policies, bases and guidelines that allow to regulate the particularities of each public tender process, invitation to at least three suppliers and direct award.
13. That on the other hand, it establishes the way in which the Committee for Procurement, Leases and Services of the IFAI will be integrated, involving the areas that are necessary and making them co-responsible in the decision-making process; in addition to having a President and a technical secretary, he joins a Director General for each Coordination of the Institute in quality of vowels, and as advisers to the Comptroller and the Head of the Directorate General of Legal Affairs, allowing the Units Managers are aware of the procurement processes.
14. Which in turn contemplates the creation of an Electronic System called PURCHASE, which will contain public information from the Institute on acquisitions, leases and services, which must contain at least the following information: Annual Program of Acquisitions, Leases and Services of the IFAI, Registry of Suppliers, Registry of Sanitary Providers; Convocation to the Tender and its modifications; Invitations to at least three suppliers; minutes of the meetings of clarifications, of the act of presentation and opening of proposals and of failure; details of the contracts and amending agreements; the direct awards. Such a system shall be free of charge and shall be the only electronic means by which procurement procedures shall be developed.
15. That the Institute will have the Electronic System called PURCHASE, by means of which it will transparently carry out all its operations in the field of acquisitions, leases and services, which will become operational before The end of December 2016. As long as this system is established, the IFAI will continue to use the CompraNet system.
16. That the regulation strengthens autonomy and gives certainty to the actions of the Institute, since it clearly defines the powers and powers of the Comptroller in the procedures resulting from non-conformities that are promoted against the calls, clarifications, opening acts, failures, cancellations and non-compliance in the subscription of contracts, arising from public tenders and invitations to at least three suppliers.
17. That the Regulation provides for strategies to give special emphasis to transparency, simplification of procurement procedures and improvement of controls for the exercise of expenditure by affecting the balance contract to exist between the IFAI and its suppliers.
18. That, in Articles 15, fraction V and 16, fraction III of the Federal Institute for Access to Information and Data Protection, it empowers the plenary to approve the budgetary and administrative provisions that may be necessary for the operation and exercise of the privileges, in addition to the rules governing the operation and administration of the Institute, as well as its reforms or additions.
19. That in addition, the Federal Institute for Access to Information and Data Protection's Rules of Procedure set out in Article 15, section III, the faculty of the plenary to approve the draft agreements that the Commissioners propose.
20. That in terms of Article 21, fraction II of the same order, the Commissioner, proposes to the plenary the draft agreement by which the regulation of acquisitions, leases and services of the Federal Institute of Access to Information and Data Protection.
For the reasons set forth and based on the provisions of Articles 6o. and 134 of the Political Constitution of the United Mexican States; 1o., second paragraph of the Law on Procurement, Leases and Services of the Public Sector; 37, fraction XVI of the Federal Law of Transparency and Access to Public Information Government; 15 fractions III and V, 16, fraction III and 21, fraction II of the Institute's Rules of Procedure; the plenary of the Federal Institute for Access to Information and Data Protection, issues the following:
FIRST.- The Federal Institute for Access to Information and Data Protection's Procurement, Leases and Services Regulations are approved, in accordance with the annex document that forms part of the Present Agreement.
SECOND.- The General Administration of Administration is required to install the Management Committee within 15 working days from the date of entry into force of this Agreement. Acquisitions, Leases, and Services, in order for it to issue the Integration and Operation Manual.
THIRD.- The General Administration of Administration shall be required to make and submit to the Management Directorate General for a period not longer than 30 working days from the entry into force of this Agreement. consideration and, where appropriate, the approval of the IFAI's Plenary Session on Procurement, Leases and Services that complement this Regulation.
FOURTH.- The Directorate-General for Administration is to be provided for a period not longer than 30 working days from the date of entry into force of this Agreement, and consideration and, where appropriate, approval, of the Institute's Procurement, Leases and Services Committee, the Bases and Guidelines that complement the Federal Institute for Access to the Procurement, Leases and Services Regulations. Information and Data Protection.
QUINTO.- The General Administration of Administration is instructed to carry out the actions within a period of no more than 15 working days from the entry into force of this Agreement. necessary for the integration, authorization and corresponding publication of the Annual Program of Acquisitions, Leases and Services, for the fiscal year 2015.
SIXTH.- The holders of the Coordinations are instructed to designate the Directors in a term not greater than three working days from the entry into force of this Agreement. Generals who will serve as vowels in the Procurement Committee of this Institute.
SEVENTH.- This Agreement, as well as the Regulations, shall be published in the Official Journal of the Federation, and the Institute's portal.
EIGHTH.- This Agreement shall enter into force on the day following its publication in the Official Journal of the Federation.
This was agreed by a majority of votes, the plenary session of the Federal Institute for Access to Information and Data Protection, held on the twenty-sixth day of March of two thousand fifteen. With the dissenting votes of Commissioners Maria Patricia Kurczyn Villalobos and Joel Salas Suarez. The Commissioners sign the calce for all the effects to which it takes place.
The Commissioner, ximena Puente de la Mora.-Heading.-The Commissioner, Francisco Javier Acuna Llamas.-Heading.-The Commissioner, Areli Cano Guadiana.-Heading.-The Commissioner, Oscar Mauricio Guerra Ford.-Heading.-The Commissioner, Maria Patricia Kurczyn Villalobos.-Heading.-The Commissioner, rosendoevgueni Monterrey Chepov.-Heading.-The Commissioner, Joel Salas Suarez.
ACT AGREEMENT ANNEX-PUB/26/03/ 2015.04
Federal Institute for Access to Information and Data Protection's Procurement, Leases and Services Regulations
Article 1.- This Regulation aims to establish the provisions governing the acquisition, leasing and provision of services by the Federal Institute of Access to the Information and Data Protection in compliance with the provisions of Article 134 of the Political Constitution of the United Mexican States and the principles of austerity, economy, effectiveness, efficiency, impartiality, honesty and transparency that govern it. And it will be mandatory for all the Responsible Units that make up the Institute.
The contracts or agreements concluded by the Federal Institute for Access to Information and Data Protection with the Dependencies and Entities shall not be within the scope of this Regulation. Federal Public Administration, Autonomous Public Authorities, Federative Entities, Municipalities and Political-Administrative Bodies of the territorial demarcations of the Federal District Government, including International Public Bodies, provided that they have the capacity to provide the service in case and do not require hiring with a third party for performance.
In the same assumption as the previous paragraph are the academic, research, cultural and civil organizations institutions that, by means of agreement or contract concluded with the Institute, lead to training, promotion and dissemination actions in the field of access to information, data protection, open governance and transparency as well as in the management of information.
In the same way, the editorial works and contents derived from the Editorial Committee are not within the scope of the Regulation, as well as the certamenes and calls that are selected from the of competitions carried out by the Institute, and which are linked to the promotion of the rights of Access to Information and Data Protection.
The Institute's Plenary Session will authorize the IFAI's Procurement, Leases and Services Policies. The Committee of the Institute will also authorize the Bases and Guidelines referred to in this Regulation, for which the head of the Directorate General of Administration, under his responsibility will prepare them, with the support of the Directorate General for Legal Affairs and the opinion of the Comptroller's Office, a document to be disseminated on the Institute's website.
The Institute shall refrain from creating trusts, granting mandates or holding acts or any type of contract that evades the provisions of this Regulation.
Public servants participating in any of the stages or phases of procurement procedures, leases and services, are required to perform the assignment assigned to them. (a) total attachment to this Regulation, and in the event of a conflict of interest with them, shall be made by the knowledge of its hierarchical superiors, in order to take appropriate action in the specific case.
Article 2.- For the purposes of this Regulation:
I. Acquisition: those contained in Article 3 of this Regulation;
II. Contracting Area: the Directorate-General of Administration of the Federal Institute for Access to Information and Data Protection;
III. Requesting area: that which formally requests or requires the acquisition, leasing of goods and the provision of services for the performance of its functions;
IV. Technical area: the technical area that prepares the technical specifications to be included in the procurement procedure; evaluates the technical proposal of the proposals and is responsible for responding to the board of clarifications; questions about these aspects to be asked by the bidders. The technical area may also have the character of the requesting area;
V. Lease: a legal figure through which one of the parties, designated as a lessor, undertakes to temporarily transfer the use and enjoyment of a movable or immovable property for a specified period to another part to be called tenant, who is obliged to pay a certain price in money for that use and temporary enjoyment;
VI. Goods: those under the Federal Civil Code are considered movable property;
VII. Committee: the Procurement, Leases and Services Committee of the Federal Institute for Access to Information and Data Protection;
VIII. BUIFIAF: The Institute's electronic public information system on acquisitions, leases and services which shall contain at least the following information: the Annual Procurement, Leases and Services Program of the IFAI, Registry of Suppliers, Registry of Sanitary Providers; calls for tender and their modifications; invitations to at least three suppliers minutes of the boards of clarifications, of the act of presentation and opening of proposals and failures; details of the contracts and amending agreements; direct awards. Such a system shall be free of charge and shall be the only electronic means by which procurement procedures shall be developed;
IX. Comptroller: Comptroller of the Federal Institute for Access to Information and Data Protection;
X. Contract or order: legal instrument through which wills are agreed between the Federal Institute for Access to Information and Data Protection and suppliers, creating or transmitting rights and obligations;
XI. Convocation: Federal Institute for Access to Information and Data Protection through the Directorate General of Administration.
XII. DGA: Administration General Address;
XIII. DGAG: Directorate-General for Legal Affairs;
XIV. Guarantee: a legal instrument through which the supplier supports the fulfilment of the obligations of the Federal Institute for Access to Information and Data Protection and, where appropriate, the advance payment granted;
XV. Institute: the Federal Institute for Access to Information and Data Protection;
XVI. Market research: prior verification at the beginning of the procurement procedure for the existence of goods, leases or services and suppliers of goods, at national or international level, of public or private bodies, of the goods or service providers, or a combination of those sources of information; and the estimated price based on the information obtained from the sources mentioned;
XVII. Transparency Law: Federal Law on Transparency and Access to Government Public Information;
XVIII. Tender: natural or moral person who offers goods or services to participate in any procurement procedure under this Regulation;
XIX. MSMEs: the micro, small and medium enterprises of Mexican nationality referred to by the Law for the Development of the Competitiveness of Micro, Small and Medium Enterprises;
XX. Subsequent offers of discounts: modality 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;
XXI. full body of management and decision of the Institute;
XXII. Price not acceptable: that which is derived from the market investigation is greater than 10% to the bidder, in respect of which it is observed as a median in that investigation or in its defect, the average of the offers presented in the same tender;
XXIII. Appropriate price: the price determined on the basis of obtaining the average of the preponderant prices resulting from the technically accepted proposals in the tender, subtracting the percentage determined by the Institute in its policies, bases, and guidelines;
XXIV. Authorized budget: the one that the Secretariat of Finance and Public Credit communicates to the Institute, which is approved by the Chamber of Deputies;
XXV. Supplier: a natural or moral person who is awarded the acquisition, lease of a good or the provision of a service and by subscribing for that purpose the respective contract and/or order with the Institute;
XXVI. PAAAS: The Institute's Annual Procurement, Leases and Services Program;
XXVII. Pobalines: Policies, Bases and Lineings in the field of acquisitions, leases and services of the Institute;
XXVIII. Regulation: Regulations on Procurement, Leases and Services of the Federal Institute for Access to Information and Data Protection;
XXIX. 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 it requires the application of the conclusion of agreements on specific matters, whatever their name, through which the United Mexican States undertake commitments, and
XXX. Unit Responsible: administrative area that is an expense executor.
Article 3.- For the purposes of this Regulation between acquisitions, leases and services, the following are included:
I. The acquisitions and leases of movable property;
II. The acquisition of movable property which is to be incorporated, entered or assigned to a building, which is necessary for the carrying out of public works by direct administration, or those which supply the Institute in accordance with the agreed on public works contracts;
III. The acquisition of movable property which includes the installation by the supplier, in buildings under the responsibility of the Institute, when its price is higher than that of its 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. Contracting of general services, courier, transportation of movable property or persons in land, plane or maritime transport;
VI. The provision of services of natural persons, except for the hiring of subordinate personal services or under the fee regime;
VII. The recruitment of consultancies, consultants, studies and research, and
VIII. In general, services of any nature whose benefit generates a payment obligation for the Institute, unless the procurement is regulated specifically by other legal provisions.
It will be up to the top of the DGA, at the request of the requesting area or in the case of the area convener, determine if a service is located in the case of this fraction.
Article 4.- The application of this Regulation shall be without prejudice to the provisions of the Treaties.
Article 5.- It will be the responsibility of the DGA to contract the corresponding services to maintain adequate and satisfactorily insured the goods with which the Institute counts.
The provisions of the preceding paragraph shall not apply where, by reason of the nature of the goods or the type of risks to which they are exposed, the cost of insurance represents a (a) the Commission shall, in accordance with Article 21 (1) of Regulation (EU) No 3030/EU of the European Parliament and of the Commission of the European Parliament and of the European Parliament, of the European Parliament and of the European Parliament, of the European Parliament and of the European Parliament and of the European Parliament, of the exception.
Article 6.- The interpretation of this Regulation corresponds to the hierarchical superior of the DGA.
Article 7.- The Federal Civil Code, the Federal Civil Code, will be supplementary to this Regulation as appropriate, the Law on Procurement, Leases and Services of the Public Sector and its Rules of Procedure. The Federal Law of Administrative Procedure, the Federal Code of Civil Procedures and the Federal Law of Budget and Accountability.
The Institute will be able to adhere to the rules issued by the Secretariat of Economy that aim to promote the participation of MSMEs, as long as they do not contravene the present Regulation.
Article 8.- The Institute shall have an electronic system of public information on acquisitions, leases and services, which shall contain at least the information concerning: to the Annual Program of Procurement, Leases and Services of the IFAI, Registry of Suppliers, Registry of Sanitary Providers; calls to tender and its modifications; invitations to at least three suppliers; minutes of the boards of clarifications, the act of presentation and the opening of proposals and of failure; details of the contracts and amending agreements and the direct awards.
This system will be for free consultation and will be the only electronic means by which procurement procedures will be developed.
Article 9.- The areas of interest, prior to the lease of movable property, shall carry out the feasibility studies to determine the appropriateness of requesting their acquisition, by lease with option to purchase.
Article 10.- To determine the desirability of acquiring used or reconstructed movable property, the Institute through the requesting area, prior to its application for procurement, must carry out a cost-benefit study, by which it is demonstrated that the acquisition of new goods is desirable in comparison with new goods; the abovementioned study must be carried out by means of the applicable provisions, issued within the six months prior to its acquisition, where the asset has a value more than twenty-five thousand times the general minimum wage in the Federal District, which must be integrated into the respective procurement file.
Article 11.- The Institute will not fund providers. The granting of advances shall not be considered as financing operations, which shall in any event be guaranteed in the terms of Article 48 of this Regulation.
In the case of goods whose manufacturing process is more than 60 days, the Institute may award ten to fifty percent of the advance in the case of MSMEs. which shall be provided for in the call for public tender, in the invitation to at least three suppliers or in the request for quotation, considering, inter alia, the amount of the procurement, the financial cost of the market and the the manufacturing time in question.
The DGA within the authorised budget, for substantiated and substantiated reasons, may authorise the payment of subscriptions, insurance or other services in advance, in which it is not possible to agree that its cost is covered after service delivery.
In the case of a public tender using the assessment of points and percentages, points in the terms of the Pobalines, the natural persons or companies that have workers with different capacities, in a proportion of five per cent at least of the total of their plant of employees and whose seniority is not less than six months, the same as shall be checked with the discharge of the compulsory scheme of the Institute Mexican Social Security, and when it comes to newly created companies. Also, points will be awarded to MSMEs 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 be valid for more than five years.
In the same way, 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 for this purpose.
Article 12.- In the open international procurement procedures, the areas of the institutions and the DGA will, on an equal footing, opt for the employment of the country's human resources and for the acquisition and leasing of goods produced therein and which have the percentage of national content indicated in Article 26 (1) of this Regulation, 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 laid down by the Secretariat of the Economy.
Article 13.- The acts, contracts, orders and conventions that the Institute celebrates in contravention of the provisions of this Regulation shall be void upon the determination of the Comptroller, the courts or another competent authority in the field.
The solution of the disputes shall be subject to the provisions of Title Seventh of this Regulation, without prejudice to the provisions of the treaties in which Mexico is a party.
Article 14.- Contracts concluded abroad in respect of goods, leases or services to be used or rendered outside the national territory shall be governed by the law of the place where the act is formalised, applying the principles of this Regulation to it.
Where the 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 territory of the country. national and in accordance with the provisions of this Regulation.
However, where the procurement procedure and contracts cannot be carried out within the national territory, the goods, leases or services may be contracted abroad by applying the principles laid down by this Regulation. The above as long as it is credited and put on record in the procurement file.
The opinion of the origin of the procurement provided for in the first and third paragraph of this article shall be authorized by the Commissioner or the President of the Institute, or the public servant in whom (a) this authority is delegated. In no case shall the delegation be placed on a public servant level lower than that of the Director-General.
Article 15.- The DGA shall determine the goods, leases or services of general use for all the units responsible for the achievement of the Institute's objectives and goals, and of those units. related to benefits for their public servants, which on a consolidated basis can be contracted, in order to obtain the best conditions of quality, efficiency, effectiveness, price and opportunity for the Institute.
The Institute may conclude specific agreements resulting from the framework contracts signed by the Secretariat of the Civil Service, provided that the same results are determined conditions in quality, price and opportunity.
In the Pobalines the conditions for the conclusion of the contracts referred to above will be established.
Article 16.- Dealing with consulting services, consultancy services, studies and research prior to their recruitment, the areas of the institutions will have to carry out a search in the archives of the Institute as well as asking the DGA to verify that they have not previously been engaged, to carry out similar or equal work on the subject matter, justifying the reasons and needs of their recruitment by their holders.
In the event that the existence of such works is noticed and it is found that the same ones satisfy the needs of the requesting area, the hiring will not proceed, with the exception of those necessary. for adequacy, update, or add-on.
The hiring of consulting, advisory, study and research services will require the authorization of the Commissioner or Commissioner of the Institute, or of that public servant in whom it is delegating such attribution, which in no case may be placed on any public servant with a lower level than the Director General, as well as the opinion of the respective area where it is stated that no trained or available personnel are available for their realization.
The areas that are required by the hiring justification referred to in the first paragraph of this article must verify and state the following:
I. That they have resources for those purposes;
II. That natural and moral persons who provide the services do not perform functions equal to or equivalent to those of the staff of the budgetary positions except that it is required for lack of trained or available personnel;
III. That hiring of professional services is indispensable for the fulfillment of authorized programs;
IV. What professional services are specified to hire, and
V. That they adhere to the provisions of the Institute's budget and the other applicable general provisions.
The areas that are required to submit to the DGA a report of the results of the contracted or deliverable works in accordance with the contract or order, within 30 calendar days from the date of departure of the date on which they were successfully received, indicating the result obtained and the manner in which they contributed to the achievement of the objective for which the contract was made, from which a copy to the Comptroller's Office will be sent requesting.
From Planning, Programming, and Budget
Article 17.- The planning of acquisitions, leases and services shall be in accordance with the Institute's authorized objectives and programs, as well as the applicable specific provisions of the Budget of the Federation and Federal Budget Law and the Hacendaria Accountability Act.
Article 18.- Once the budget has been approved by the corresponding authorities, the DGA during the last quarter of the fiscal period, will integrate the Annual Program of Acquisitions, Leases and Services of the Institute, with the information that during the month of November send the Responsible Units according to their planning and including the cases that cover more than one budget year, considering.
I. The programs and projects to be carried out by the various areas of the Institute;
II. The type of procedure by which the purchase or lease of goods and services is to be carried out;
III. Previous actions, during and after the completion of the procurement procedures;
IV. Short, medium and long-term goals and goals;
V. The physical and financial calendarisation of the required resources;
VI. The units responsible for the Institute, which are responsible for its implementation;
VII. Your substantive, administrative and investment support programs;
VIII. 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;
IX. Where appropriate, the rules applicable under the Federal Law on Metrology and Standardisation or, in the absence thereof, international standards;
X. The requirements for the maintenance of the movable property in his office; and
XI. Other forecasts to be taken into account according to the nature and characteristics of acquisitions, leases or services.
Article 19.- The Institute, through the DGA, will make available to the general public, through the PURCHASE, during the first year of the year, its Annual Procurement Program, Leases and Services for the fiscal year concerned, subject to the approval of the Plenary Session.
The acquisitions, leases and services contained in the said program may be added, modified, suspended or cancelled, without any responsibility for the Institute, and should be updated in Quarterly form for submission to the Committee and its subsequent publication in the PURCHASE.
Article 20.- The Institute must establish a Committee on Procurement, Leases, and Services that will have the following functions:
I. Review the program and budget for acquisitions, leases and services, and take cognizance of their modifications by formulating appropriate observations and recommendations;
II. To rule in advance of the initiation of the procedure, on the origin of the derogation from the public invitation to tender to be found in one of the cases referred to in Article 41 (1), (II), (VI), (VIII) and (X) Regulation.
III. Authorize the project of Bases and Lineings in Matter of Procurement, Leases and Services of the Institute that the holder of the DGA presents;
IV. The Committee shall establish in these Bases and Guidelines the aspects of environmental sustainability, 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 reduce financial and environmental costs;
V. Analyse quarterly the report of the overall results of the hiring, the conclusion of the contracts and, if necessary, 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;
VI. Where appropriate, authorize the creation of the Institute's Convening Reviewer Sub-Committee, which shall be composed of at least:
a) A president;
c) Requesting area representative;
d) Two Vocals, and
e) A representative of the DGAJ and the Comptroller in the capacity of advisors.
The functions of the Convening Reviewer Sub-Committee will be detailed in the corresponding Operating Manual.
VII. Develop and approve the Committee Manual, and
VIII. To assist in compliance with this Regulation and other applicable provisions.
Article 21.- The Committee must be integrated as follows:
a) It will be chaired by the holder of the DGA, who will have a vote of quality in case of a tie;
b) Each Coordination of the Institute shall appoint a public servant attached to it, who will serve as the titular vowels, which shall have a minimum hierarchical level of Director General;
c) The Director of Material Resources and General Services will participate as the Committee's Technical Secretary;
d) The DPJ and the Comptroller will attend the meetings of the Committee as advisors, with voice but no vote, and should give a reasoned opinion on the matters to be submitted to the Committee, without any such pronouncements being binding on the decision-making process. The titular advisors will not be able to have a lower hierarchical level than the Area Director;
e) The total number of members of the Committee shall be odd, who shall invariably cast their vote in each of the matters submitted to them. consideration;
f) The Committee will deliver on the same session the issues to be considered, and
g) Members of the Committee entitled to voice and vote as well as their advisors may appoint in writing their respective alternates, those who do not they must have a lower hierarchical level than the Area Director, in accordance with the criteria set out in the Committee Manual.
Article 22.- The Institute, through the DGA, may convene, award or contract acquisitions, leases, and services from its authorized budget and subject to the spending schedule. corresponding.
Acquisitions, leases and services that require initiating and refunding resources in the following fiscal year may be contracted in advance with the authorization of the Committee. These contracts shall be subject to the budgetary availability of the year in which they are scheduled to take effect, and their effects shall be conditional on the existence of the respective budgetary resources, otherwise not there will be some responsibility for the parties. Any covenant contrary to the provisions of this paragraph shall be deemed null.
In multi-annual contracts, the DGA in conjunction with the areas concerned shall determine the total budget as well as the total budget for each fiscal year covered. In the formulation of the budget for subsequent years, the amounts of such contracts that are in force shall be considered, giving priority to these forecasts for the due performance of the obligations incurred in financial years. above.
For the purposes of the preceding paragraph, the DGA shall observe the provisions of Article 50 of the Federal Budget and Accountability Act and the General Provisions for the Celebration of Contracts. Multiannual of the Institute.
Of Hiring Procedures
Article 23.- The contracting area shall select from among the following procedures, the one that according to the nature of the procurement assures the Institute the best conditions available for price, quality, financing, opportunity and other relevant circumstances:
I. Public tender;
II. Invitation to at least three providers, or
III. Direct Award.
Acquisitions, leases and services will be awarded, as a general rule, through public tenders, through public convocation issued by the Institute through the DGA, so that it can freely submit proposals in the closed, which will be publicly opened.
Dealing with wood procurement, furniture and office supplies manufactured with wood, will require certificates awarded by third parties, previously registered with the Secretariat of the Environment and Resources Natural, which guarantee the origin and sustainable management of the forest exploitation of where the wood comes from.
In paper acquisitions for office use, this office shall contain a minimum of fifty percent of fibres of recycled material or of natural fibres not derived from wood or raw materials derived from sustainably managed forest use in the national territory that are certified in accordance with the provisions of the preceding paragraph or of their combinations and made in processes with free bleaching of chlorine.
In the procurement procedures the same requirements and conditions must be established for all bidders, for which the Institute through the DGA will provide all equal access to the information in order to avoid favouring any of them.
Prior to the commencement of the planned procurement procedures, the areas concerned must carry out a market investigation of which the conditions prevailing in the contract are to be released. the purchase, lease or service subject to the procurement, in order to seek the best conditions for the Institute.
The conditions contained in the call for tender and invitation to at least three suppliers and 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 suppliers, with the delivery of the first invitation; both procedures conclude with the issue of the judgment or, where applicable, the cancellation of the respective procedure.
Bidders will only be able to present a proposal in each procurement procedure; initiate the act of presentation and opening of proposals may not be withdrawn or left without effect.
The acts of the procedures for public tender and invitation to at least three suppliers of an in-person or mixed character may be attended by any person as an observer, under the condition of register their assistance and refrain from intervening in them, or if necessary, may be transmitted live via the Internet, preserving confidential or confidential information in accordance with the Law of Transparency.
Article 24.- Public tendering according to the means used, may be:
I. In-person, in which the bidders can exclusively present their propositions in documentary form and in writing, in closed, during the act of presentation and opening of proposals.
The or the clarification boards, the act of presentation and opening of proposals and the act of failure shall be carried out in person, to which the () the legal basis for the application of the judgment of the Court of the European Union of the European Union;
II. Electronic, in which only the participation of the bidders through the PURCHASE will be allowed, using means of electronic identification; the communications that are carried out by this means will produce the effects that points out Article 25 of this Regulation.
The or the clarification boards, the act of presentation and opening of proposals and the act of failure, will only be carried out through the electronic system and without the presence of the 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 25.- Public tenders may be carried out through the PURCHASE, in accordance with the administrative provisions issued by the Institute through the DGA, to exercise control over the these means, safeguarding the confidentiality of the information that is transmitted by this means.
The envelope containing the propositions will be delivered in the form and means provided by the call for tender.
The submitted proposals must be signed by the bidders or their proxies, in the event that they are sent through remote electronic communication means, they will be used electronic identification means, which will produce the same effects as the laws give to the corresponding documents and, consequently, will have the same evidentiary value.
The procedures carried out by the Institute through the DGA, will preferably be by means of the electronic mechanism offered by the PURCHASE, and only exceptionally by chance or force majeure. turn to the in-person mechanism. The provenance to conclude mixed-character procedures shall be defined in the Pobalines.
In case there is an interruption of the PURCHASE, the event or stage of the procedure will be deferred until the service is restored or will be able to continue in person, upon request of the requesting area.
From Public Tender
Article 26.- 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 taking into account the manpower, inputs of the goods and other aspects to be determined by the Secretariat of the Economy by means of general rules.
The Institute will adhere to the general rules of the Secretariat of Economy, where the cases of exception corresponding to the degree of national content and the procedure for determining the percentages of the same.
Trying to hire leases and services, only people of Mexican nationality will be able to participate;
II. 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.
In the tenders provided for in this fraction, in order to determine the convenience of the price of the goods, leases or services, it will be considered a margin of up to fifteen percent (a) in favour of the lowest prevailing price on the domestic market, on a level playing field, in respect of the prices of goods, leases or services of foreign origin resulting from the relevant market investigation.
The Institute may choose to conduct an open international tender, when the market study shows that there is no supplier in the national territory or Those who exist cannot attend to the requirement of this Institute, in terms of quantity, quality and opportunity or that the price is not acceptable.
Where the supply of movable property is included in the procurement procedures and the value of the movable property is equal to or greater than fifty per cent of the value Total of the procurement, the transaction shall be considered as the acquisition of movable property.
For the purposes of the foregoing, the concept of supply of movable property shall only be considered as the goods that shall form part of the Institute's inventory.
In public tenders, the mode of subsequent offers of discounts may be used for the purchase of movable goods or services whose description 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, according to the Pobalines issued by the Institute, provided that the use of the such a form and that there is sufficient competitiveness, in accordance with the relevant market investigation.
Dealing with public tenders involving MSMEs individually, the mode of subsequent discount offers will not apply.
Article 27.- The call for public tender shall establish the basis on which the procedure will be developed and describe the requirements for participation, which shall be contain at least:
I. The name of the Institute, the areas, convenor and applicant, if any;
II. The detailed description of acquisitions, 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 holding of the first meeting of clarification to the invitation to tender, of the act of presentation and opening of proposals and of the act in which the judgment will be made known, of the signature of the contract or order, where appropriate, the reduction of the time limit and whether the invitation to tender shall 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 powers sufficient to commit itself or to its representation, without the need to prove 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 signature of the contract or order. 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 condition for the bidders to submit together with the envelope a written statement, in protest of truth, not to be found in any of the cases established by Articles 49 and 63 of this Regulation;
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 Institute, either induce or alter the evaluations of the proposals, the outcome of the procedure, or other aspects which give more favourable terms to the other participants;
X. If, in order to verify compliance with the requested specifications, it is necessary to carry out tests, the method will be specified to execute them and the minimum result to be obtained, in accordance with the Federal Law on Metrology and Standardization;
XI. The indication as to whether the procurement will cover one or more fiscal years, whether it will be an open contract and the requirements for submitting joint proposals and, where appropriate, the justification for not accepting them;
XII. The indication of 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 simultaneous supply, 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 domicile of the offices of the Comptroller's office in which non-conformities may be filed, based on the provisions of Article 68 of this Regulation;
XV. The identification of the express causes of disposal that 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;
XVI. Model of contract or order to which the parties will be subject, which shall contain the requirements referred to in Article 45 of this Regulation;
XVII. Currency in which the proposal will be quoted and make the respective payment;
XVIII. Deadline and conditions of delivery, as well as the indication of the place;
XIX. Data on the guarantees, and in the event of an advance payment, to indicate the respective percentage and the time it will be delivered;
XX. 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;
XXI. 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 Institute, and
XXII. 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 stipulation that the rights inherent in intellectual property arising from the services of consultancies, consultants, studies and investigations shall invariably be constituted in favour of the Institute, as appropriate, in terms of applicable legal provisions.
For the participation, award or procurement of acquisitions, leases or services, no requirements shall 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 convenor will take into account the previous recommendations that, if any, issue the Federal Economic Competition Commission in terms of the Federal Economic Competition Act.
Prior to the publication of the call for public tender, the convener may disseminate the project of the call through the PURCHASE, at least for ten days working time, during which time relevant comments will be received in the electronic address to be established for that purpose.
The comments and opinions received on the draft notice will be analyzed by the Institute, in order to be considered for enriching it.
Article 28.- The publication of the call for public tender will be carried out through the BUIFIAF, its procurement will be free. Where appropriate, the DGA shall make available to the tenderers a copy of the text of the call at the address to which it is established.
Article 29.- The deadline for the submission and opening of proposals for international tenders may not be less than 20 calendar days and for national tenders of 15 days natural, counted from the date of publication of the call in the PURCHASE and considering until the day before the event of presentation and opening of proposals takes place.
When the time limits indicated in this article cannot be observed because there are duly accredited reasons that the requesting area has previously written in writing, the holder of the DGA may reduce the a period of not less than 10 calendar days from the date of publication of the call, provided that this does not aim to limit the number of participants.
The determination of these deadlines and their changes must be in accordance with the planning and programming previously established.
Article 30.- The DGA may modify aspects set forth in the call, provided that this does not aim to limit the number of bidders, no later than the seventh calendar day prior to the act of presentation and opening of proposals, and shall be disseminated to the PURCHASER at the latest by the following working day.
The modifications mentioned in the preceding paragraph may in no case consist of the replacement of the goods or services originally called, addition of other items or in significant variation of its characteristics, nor may it be carried out to limit the number of tenders.
Any modification to the call for tender, including those resulting from the or the clarification boards, shall form part of it and shall be considered by the bidders in the preparation. of your propositions.
The DGA must perform at least one clarification board, with the tender being optional for the bidders.
Article 31.- For the clarification board the following will be considered:
The act shall be chaired by the holder of the DGA, which may delegate this function to a public servant with a minimum level of deputy director, who will be assisted by a representative of the technical area or user of the goods, leases or services covered by the procurement, in order to resolve in a clear and precise manner the doubts and approaches of the bidders related to the call. A representative of the DPAG and the Comptroller's Office shall be present at this event in the form of advisers.
Requests for clarification should be considered in a concise manner and be directly linked to the points contained in the call for public tender, indicating the number or specific point with which which are related. Applications that do not comply with the above requirements may be discarded by the convener.
Persons who intend to request clarification of the call shall submit a letter stating their interest in participating in the invitation to tender, either on their behalf or on behalf of a third party, by stating the general data of the data subject and, where appropriate, of the legal representative.
Bidders will be able to submit questions via email that sets the DGA for these purposes and through the PURCHASE, or they may be delivered personally depending on the type of the invitation to tender in question, no later than 24 hours before the date and time of the scheduled meeting of the clarification board.
The contracting area shall take as the time of receipt of the requests for clarification, which indicates the stamp of receipt of the DGA and, in the case of applications submitted through the BUIFIAF, the time you are recording at the time of your shipment.
In the event that takes place the board of clarifications, the public server authorized to preside it will give reading to the questions that have been presented and to the answers issued by the convening and technical areas.
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 scheduled and the act of presentation and The opening of proposals must be at least six calendar days. If necessary, the date set out in the call may be deferred to carry out the act of presentation and opening of proposals.
For each clarification board, a record shall be drawn up in which the questions raised by the bidders and the answers issued by the convener shall be recorded. This circumstance shall be expressly stated in the minutes corresponding to the last meeting of clarifications.
Article 32.- The delivery of proposals will be made in envelope that will contain the technical and economic offer. In the case of proposals submitted through the PURCHASE, 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 provisions of the operation to be issued by the Institute for these purposes. In cases of Public Tender in person the delivery of proposals shall be made in a closed case which shall contain the technical and economic offer.
The documentation other than the proposition may be delivered, at the choice of the tender, inside or outside the envelope containing the proposition.
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 purposes, in the proposal and the contract will establish precisely the obligations of each of them, as well as the manner in which they 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 established by the Institute.
To present joint proposals, the persons concerned must conclude an association agreement describing the parts of the contract that each of them is obliged to comply with, including the manner in which such compliance will be required; a common representative shall be appointed to whom it shall be given broad and sufficient power to deal with all matters relating to the proposal and to the procedure for public tendering; the names, addresses and RFC of the members, as well as the data of the public instruments that demonstrate their legal personality in the case of moral persons, as well as their reforms and corresponding amendments.
When the joint proposal is awarded to you the contract or order, this instrument must be signed by the legal representative of each person participating in it, who are obliged in solidarity in respect of all the obligations arising from the relevant contract.
This is without prejudice to the fact that the persons who make up the joint proposal can be constituted in a new society, in order to comply with the obligations laid down in the agreement of joint proposition, provided that the responsibilities of the said convention are maintained in the new company.
The acts, contracts, agreements or combinations that the bidders carry out at any stage of the tender procedure will adhere to the provisions of the Federal Competition Law. Economic in the field of monopolistic practices and concentrations, without prejudice to the Institute's through the DGA to determine the requirements, characteristics and conditions of such practices in the field of their privileges.
Any bidder or the DGA may make the knowledge of the Federal Competition Commission, made in the matter of that Law, to resolve the conduct.
Prior to the act of presentation and opening of proposals, the DGA may carry out the registration of participants, as well as carry out preliminary revisions to the legal documentation and The Commission will not be able to prevent the participation of those who decide to present their documentation and proposals on the date, time and place established for the conclusion of the contract. cited act without having registered.
Article 33.- The act of presentation and opening of proposals shall be carried out on the day, place and time provided for in the call for competition, as follows:
I. Dealing with proposals submitted electronically:
a) The PURCHASE module will be opened to download the proposals that have been submitted through of this medium, depositing the files on the equipment that has been disposed of for that purpose, and
b) The files containing the documentation of each proposal will be opened, verifying their presentation in quantitative form, without this implying the assessment of their content.
II. Dealing with proposals presented in an in-person way:
a) Once the proposals have been received in closed, they will be opened, with the documentation presented, without this implying the assessment of their content, and
b) From among the bidders who have attended, they will choose one, which will jointly with the public server that will chair the event, will be signed by the the proposals which have been previously indicated in the call for tenders, which shall be documented for these purposes.
III. Dealing with proposals presented in a mixed manner:
a) The public server that will chair the event will take the necessary forecasts to simultaneously receive the proposals of the bidders who participate in the presential and electronic means; and will determine whether the opening of the envelopes will start with those that were received in an in-person or electronic way. The act cannot be concluded until all the received envelopes have been opened.
Once the proposals have been received in the closed session, they will be opened, with the documentation presented.
In all cases, the bidders and public servants present will be able to verify the documentation presented.
The minutes shall be drawn up which shall serve as a record of the event of presentation and opening of the proposals, in which the amount of each one of them shall be recorded; indicating place, date and time in which the judgment of the invitation to tender shall be made known, the date to be included within the twenty calendar days following that laid down for that act and may be deferred, provided that the new period laid down does not exceed 20 calendar days counted from the originally set deadline.
The minutes will be signed by all participants, including the representative of the Comptroller, who will do so as a witness.
Trying to tender in which the mode of subsequent offers of discounts is used, after the technical evaluation, the date on which the bids of the bidders will be started will be indicated.
Article 34.- For the evaluation of the proposals, the criterion indicated in the call for tender must be used, and should be considered as established in the Pobalines.
In all cases, the DGA and in its case the areas that are required must verify that the proposals comply with the requirements requested in the call to tender; the use of the criterion of binary assessment, by which only those who meet the requirements set out in the call and offer the lowest price will be awarded, will be applicable when it is not possible to use the criteria of points and percentages or cost benefit. In this case, the DGA will assess at least the two proposals whose price is lower; if these are not found, they will be evaluated for the price.
When the requesting areas request goods, leases or services that involve the use of high technical or technological innovation characteristics, they must use the assessment criterion points and percentages or cost benefit.
The conditions that are intended to facilitate the presentation of the proposals and to speed up the conduct of the acts of the tender, as well as any other requirement whose non-compliance, by itself, or deficiency in their content does not affect the solvency of the proposals, they shall not be subject to evaluation and shall be for not 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 will not affect the solvency of the proposal will be considered: the proposal of a delivery period less than the requested one, in which case, to be awarded and to agree to the Institute may be accepted; omitting aspects that may be covered with information contained in the technical or economic proposal itself; failure to observe the established formats, if the totality of the information is provided in a clear manner required; and failure to observe requirements that lack legal basis or any other than not is intended to objectively determine the solvency of the proposed proposal. In no case shall the DGA or the requesting areas or the bidders be able to supplement or correct the deficiencies of the submitted proposals.
The outcome of the evaluation of the proposals will be presented in opinions that will be issued by the requesting or technical area and the DGA in their respective responsibilities, which will support the decision issue.
Article 35.- Once the evaluation of the proposals has been made, the contract or order will be awarded to the tender whose offer is solvent, because it complies with the legal, technical and economic requirements established in the call for competition and therefore ensures compliance with the respective obligations and, where applicable:
I. To the proposition that has obtained the best result in the combined evaluation of points and percentages, or profit cost;
II. If the methods mentioned in the previous fraction have not been used, the proposal that would have offered the lowest price, provided that it is convenient. Proposals whose prices offered are below the appropriate price may be disposed of by the DGA, 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 identified in fractions I and II of this article, in the event of a level playing field, preference will be given to people who integrate the MSMEs sector, as well as the companies of recent creation or that they implement technological innovations according to the criteria set out in the Pobalines.
In the event that two or more propositions are solvent because they satisfy all the requirements requested in the call, one of two weightable criteria for the decision making in the assignment of the contract or order will be the consideration of the lowest price.
In order to subsist the tie between the persons in the designated sector, the award shall be made in favour of the bidder who is the winner of the draw for insaculation by the DGA, which shall consist of deposit in an urn or transparent container, the ballots with the name of each tender tied, followed shall be extracted first the ballot of the winning bidder and then the other ballots of the bidders who were tied in that item, with which the subsequent places to be occupied will be determined proposals. If there are more tied items, a draw will be held for each one of them, until the last one is in that case.
When it is necessary to carry out the sweepstakes by insaculation, the DGA must turn invitation to the Comptroller, so that in its presence the draw will be carried out; the record will be drawn that the assistants will sign, without the inattendance, refusal or lack of signature in the respective minutes of the bidders or invaliers of the act.
In the case of electronic public tenders, the draw for insaculation will be carried out through the PURCHASE.
When the DGA and/or the requesting areas detect an error of calculation in any proposal, they may carry out their rectification when the correction does not imply the modification of the unit price. In the event of a discrepancy between the amounts written with letter and number, the first one shall prevail, so that errors in the quantities or volumes requested may be corrected.
In the cases provided for in the preceding paragraph, the DGA and/or the requesting areas shall not discard the economic proposal and shall record the correction made in accordance with the paragraph indicated in the documentation support used to issue the failure that will be integrated into the respective procurement file, by settling the data that is provided by the public or the public servants responsible for the assessment for the purpose.
The corrections shall be recorded in the judgment referred to in Article 36 of this Regulation. If the economic proposal of the tender to which the contract or order is awarded has been subject to corrections and is not accepted, the provisions of the second paragraph of Article 46 of the Regulation shall apply with respect to the contract or, where appropriate, only by (a) what makes the items affected by the error, without it being appropriate to impose the penalty referred to in Article 63 (I) of this order.
Article 36.- The DGA shall issue the failure of the tender through the minutes to be drawn up, which shall contain at least the following:
I. The list of bidders whose proposals were discarded, expressing all the legal, technical or economic reasons that support such determination and indicating the unfulfilled points of the call;
II. The ratio of bidders whose propositions were solvent, describing them generally. 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 or order 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 tender;
V. Date, place and time for the signature of the contract or order, 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 failure to include information deemed to be reserved or confidential, in the terms of the Transparency Act.
When the invitation to tender is in person or mixed, the public board ruling to which the bidders may have submitted will be made known, giving them a simple copy of the minutes. lifted. Likewise, the content of the judgment will be disseminated through the PURCHASE, the same day it is issued. Bidders who have not attended the public meeting shall be sent by electronic mail a notice informing them that the minutes of the judgment are at their disposal in that electronic system.
In the electronic tenders, the ruling, for the purpose of its notification, will be made known through the PURCHASE on the same day as the public meeting. Bidders who have not attended will be sent by email a notice informing them that the act of the judgment is at their disposal in that electronic system.
With the notification of the judgment in which the contract is awarded, the obligations arising from the contract will be enforceable, without prejudice to the parties ' obligation to sign it on the date and terms stated in the contract. the corresponding record.
Against the ruling, no recourse will be made; however, the Inconformity will proceed in terms of Title Seventh, Chapter 1 of this Regulation.
When the existence of an arithmetic, typo or any other nature failure is noted in the failure, it does not affect the outcome of the assessment carried out by the DGA and/or the areas in question, within of the five working days following its notification and provided that the contract or order has not been signed, the public servant which has presided over the act shall proceed to its correction, with the intervention of its superior hierarchical, clarifying or correcting the same, by means of the corresponding administrative act, in which they shall be state the reasons behind it and the reasons behind its amendment, which shall be notified to the tenderers who have participated in the procurement procedure, referring copies of the same to the Comptroller's Office within five days. business after the date of his signature.
If the error made in the judgment is not liable to be corrected in accordance with the provisions of the preceding paragraph, the public servant responsible shall immediately give the Comptroller's view to the effect that, prior to ex officio intervention, issue guidelines for replenishment.
Article 37.- The minutes of the clarification boards, the act of presentation and the opening of proposals and the public meeting in which the judgment is to be made, must be signed by the servers the public of the Institute who have attended the events, including the representative of the Comptroller's Office as a witness and the bidders present, without the lack of signature of the legal persons, which will not be valid or effects on them, of which can deliver a simple copy to the participants. At the end of each event, a copy of the minutes shall be fixed in a visible and publicly accessible place at the office of the Institute, for a term not less than five working days. The DGA shall state in the tender file of the date, time and place where the minutes or the reference notice have been set.
A copy of these minutes will also be released in the PURCHASE for the purposes of their notification to the bidders who have not attended the event. This procedure shall replace the personal notification.
Article 38.- The DGA will proceed to declare a tender when the total of the submitted proposals do not meet the requirements of the call or the prices of all the goods, leases or services offered are not acceptable.
In cases where there are no national suppliers, in the Pobalines a smaller percentage may be established than the one used to determine the price not acceptable, without it being less than five per cent. percent. 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 36 of this Regulation.
When a tender or departure is declared to be deserted and the need to contract with the character and requirements requested in the initial call is required, the DGA may issue a second call, or either opt for the derogation provided for in Article 41 (V) of this Regulation. Where the requirements or the character are modified in respect of the first call, a new procedure shall be called.
The Institute through the DGA may cancel a tender, items or concepts included in these, when this is a fortuitous case; force majeure; there are justified circumstances beyond the the need for the purchase of goods, leases or services, or that damage to the Institute itself could be caused by damage or injury. 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 it may (a) to bring the non-compliance in terms of Title Seventh, Chapter 1 of this Regulation.
Except for cancellations on a fortuitous case and force majeure, the Institute shall cover any non-recoverable expenses incurred by the Institute as long as they are reasonable, checked and related directly to the public tender or the contract or order signed, limited as appropriate to the following concepts:
I. Cost of the preparation and integration of the proposition;
II. Passages and lodging of the person who has attended the meeting or the boards of clarifications, the act of presentation and opening of proposals, the act of failure and the signature of the contract or order, in case the tender does not reside in the place where the procedure is performed;
III. Cost of issuance of guarantees, exclusively in the case of the winning bidder, and
IV. The expenses incurred by the supplier to comply with the as yet unsigned contract or order and the costs of the goods produced and delivered, or the services provided, up to the time the supplier suspends its supply or provision for failure to sign the contract or order for reasons attributable to the Institute.
Bidders may ask the Institute for payment of non-recoverable expenses within a maximum period of three months, counted from the date of the cancellation of the public tender or the issuance of the judgment. respective, as appropriate.
Article 39.- The Institute through the DGA may use the simultaneous supply to distribute items of goods or services between two or more suppliers when it has been established. in the call for tenders, provided that they do not restrict the free participation. The DGA may take into account the previous recommendations that, if any, issue the Federal Economic Competition Commission, in terms of the Federal Economic Competition Act.
In this case, the prices of the goods or services contained in the same item and distributed between two or more suppliers, may not exceed the margin provided for in the call to tender, which shall not be more than ten per cent of the lowest solvent proposition.
From Exceptions to Public Tender
Article 40.- In the cases provided for in Article 41 of this Regulation, the Institute under its responsibility may choose not to carry out the public tender procedure and to conclude contracts or orders through the invitation to at least three suppliers or direct award procedures.
The selection of the exception procedure to be made must be founded and motivated, depending on the circumstances in each case, on criteria of economy, efficiency, efficiency, impartiality, honesty and This is the case for obtaining the best conditions for the Institute. The accreditation 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 requesting area.
In any event, people who have the capacity to respond immediately and with the necessary technical, financial and other resources will be invited and whose business or professionals are related to the goods or services that are the subject of the contract or order to be concluded, according to market research that is previously made to the award.
In such cases, the holder of the DGA, no later than the last working day of each month, shall send to the Comptroller a report on the contracts formalized during the preceding calendar month, accompanying a copy of the document referred to in this Article and an opinion stating the analysis of the proposals and the reasons for the award of the contract or order.
In the case of the invitation to at least three suppliers who are in the cases set out in Sections II, VI, VII, VIII, IX and X of Article 41 of this Regulation, the area The applicant shall send the letter referred to in the second paragraph of this Article, and shall be accompanied by the names and general data of the persons to be invited; in the case of direct awards, in all cases the the name of the person to whom it is proposed; in both procedures be accompanied by the outcome of the market research that served as the basis for your selection.
To the invitation to tender procedures to at least three suppliers and to the direct award, the character referred to in Article 26 (I) and (II) of the Regulation shall apply to it. This Regulation.
Article 41.- Procurement, leases and services may be contracted, without being subject to the public tender procedure, through the invitation to at least three procedures. providers or direct award, when:
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 holding the exclusive patent ownership or licensing, copyright, or other exclusive rights, or as works of art;
II. There are circumstances that may lead to significant, quantified and justified additional losses or costs;
III. 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 should be limited to what is strictly necessary to address it;
IV. A contract or order awarded through a public tender has been terminated, in which case it may be awarded to the tender which has obtained the second or subsequent places, provided that the difference in price with respect to the Initially, the proposal is not higher than a 10% margin. 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;
V. A public tender has been declared to be deserted, provided that the same requirements as set out in the call for competition are maintained, the non-compliance of which has been considered as a cause of disposal because it affects directly the solvency of the propositions;
VI. There are justified reasons for the acquisition or leasing of a particular trademark, as signed by the holder of the requesting area;
VII. It is a question of acquisitions, coming from persons who, without being a regular supplier, offer these on favourable terms, because they are in a state of liquidation or dissolution, or, under judicial intervention;
VIII. The services provided by a natural person referred to in Article 3 (VI) of this Regulation, provided that they are carried out by themselves without requiring the use of more than one specialist or technical;
IX. 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;
X. 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;
XI. This is the subscription of specific contracts that result from a framework contract;
XII. Where, in accordance with the second paragraph of Article 40 of this Regulation, they are obtained in order to obtain the best conditions of opportunity for the Institute and the staff working in it, and
XIII. Provided that the situation described has not been foreseen, unexpected, sudden or result in the materialization of risks that endanger the objectives, functions or operations of the Institute, such as will be under the responsibility of the applicant area holder.
The opinion of the origin of the procurement and that it is located in one of the cases contained in the fractions III, IV, V, VII, IX, XI, XII and XIII of this Article, it shall be the responsibility of the DGA as a convoking area, upon justification presented by the requesting area
Article 42.- The DGA may contract acquisitions, leases and services, without being subject to the public tender procedure, through the invitation to at least three suppliers or direct award. For the determination of the maximum amounts applicable to these contracts, the ranges established in the Federation's Government Budget, which will be subject to the authorization of the Committee, may be considered. These arrangements shall be made as long as the operations are not split up 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 suppliers, the origin of the direct award by the holder of the DGA may be authorized, after justification of the area requesting.
The provisions of the second and third paragraphs of Article 40 of this Regulation shall apply to the procurement by means of the invitation to at least three suppliers and the award procedures. direct that they are 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 authorized to the Institute in each financial year. budget. The procurement shall be in accordance with the limits set out in the Federation's Government Budget.
To ensure compliance with this percentage, the areas that are most likely to choose their procurement procedures will be made through public bidding.
In the event that an invitation procedure to at least three suppliers has been declared deserted, the holder of the DGA, upon request of the requesting area, may directly award the contract.
In the purchase or lease of goods or services, the amount of which is less than five hundred times the general daily minimum wage in the Federal District, it will be possible to do without contributions, presenting only the proof of expenditure document to support the direct award.
In direct awards the amount of which is equal to or greater than the previous amount, at least three contributions must be counted under the same conditions and have been obtained within 30 days. prior to the award.
When it is not possible to have at least three quotes, the requesting area must state that there are no at least three suppliers who can list the goods or services with the conditions or characteristics required or that there is no supply of goods and services.
Goods and services may be listed through the PURCHASE.
Article 43.- The invitation procedure to at least three providers will be subject to the following:
I. The invitation will be disseminated in the PURCHASE;
II. The act of presentation and opening of proposals may be made without the presence of the bidders. The DGA, the representative of the requesting and/or technical area, shall be assisted by the DGA; the DGA shall also invariably invite the representative of the Comptroller's Office as a witness.
III. To carry out the corresponding award, a minimum of three proposals which are technically capable of being analysed must be counted;
If the minimum of proposals set out in the previous paragraph are not presented, the invitation may be declared to be deserted, or continue with the procedure and evaluate the proposals submitted. In the event that only a proposal has been submitted, upon request of the representative of the requesting area itself to be entered in the respective minutes, the DGA may award the contract if it considers that it fulfils the required conditions, or either 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 three calendar days from the date of delivery of the last invitation, and
V. The other provisions of the public tender contained in this Regulation shall apply to you, with the DGA being optional to hold the board of clarifications.
In the event that an invitation procedure to at least three suppliers has been declared deserted, the holder of the DGA upon request in writing of the area The applicant may directly award the contract or order provided that the requirements set out in the original invitation are not modified.
Article 44.- On acquisitions, leases, and services, the fixed price condition will be agreed. Only in justified cases can the contract be agreed to decrease or increase the price, in accordance with the formula or adjustment mechanism to be determined by the convener prior to the presentation of the proposals.
When, after the award of a contract, economic circumstances of a general nature are presented, as a result of overlapping situations beyond the responsibility 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 considered in the proposal which served as the basis for the award of the relevant contract or order, the Institute through the DGA, with The opinion of the DGAG shall recognise increases or require reductions.
In cases where the increase or reduction referred to in the preceding paragraph is authorised, the plenary of such determination shall be informed.
Dealing with goods or services subject to official pricing will be recognized as authorized increases.
Article 45.- The contract or order will contain, as applicable, the following:
I. The name of the Institute;
II. The indication of the procedure under which the award of the contract or order was carried out, as well as the indication as to whether the procurement will cover one or more exercises;
III. The data relating to the authorization of the budget to cover the commitment derived from the contract or order;
IV. Deadline or validity of contracts or orders, considering, where appropriate, pluriannuity;
V. Responsibility of the parties;
VI. The penalties that are agreed;
VII. Accreditation of the existence and personality of the awarded bidder, as well as their legal representative;
VIII. The detailed description of the goods, leases or services covered by the contract or order awarded to each of the bidders in the procedure, in accordance with their proposal;
IX. 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;
X. 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 the said adjustment. formula;
XI. In the case of a lease, the indication of whether this is with or without option to purchase;
XII. The percentages of the advances that, if any, would be granted which will not exceed fifty percent of the total amount of the contract or order;
XIII. Percentage, number and dates or time of the exhibitions and amortization of the advances to be granted;
XIV. Form, terms, and percentage to ensure advances and fulfillment of the contract or order;
XV. The date or time, place, and delivery conditions;
XVI. 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;
XVII. Deadline and conditions of payment of the price of the goods, leases or services, indicating the time when the payment is due;
XVIII. The cases in which extensions may be granted for the performance of contractual obligations and the requirements to be observed;
XIX. The contract or order termination causes;
XX. 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;
XXI. 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 Institute;
XXII. 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;
XXIII. 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, will invariably be in favour of the Institute, as appropriate, in terms of applicable legal provisions;
XXIV. The procedures for dispute resolution, other than the conciliation procedure provided for in this Regulation;
XXV. The amount of the warranty;
XXVI. Anti-corruption clause, and
XXVII. The other aspects and requirements laid down in the call for tender and invitations to at least three suppliers, as well as those relating to the type of contract or order in question.
For the purposes of this Regulation, 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 or order shall not modify the conditions laid down in the call for tenders and their clarification boards; in the event of a discrepancy, the terms of the contract shall prevail.
Article 46.- With the notification of the judgment, the rights and obligations laid down in the contract model or order of the procurement procedure shall be enforceable and shall bind the Institute through the holder of the DGA and the the tender to which it has been awarded, to be signed on the date, time and place provided for in the judgment itself, or in the call for public tender and in the absence of such forecasts, within 20 calendar days following that of the said decision notification. Also, with the notification of the judgment the Institute shall request the delivery of the goods or services in accordance with the provisions of the call.
If the person concerned does not sign the contract or order for reasons attributable to it, as referred to in the preceding paragraph, the Institute without the need for a new procedure shall award the contract or order to the tender which has the second place, provided that the difference in price with respect to the proposal initially awarded is not more than ten per cent.
Trying to hire in which the evaluation 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 percent of the score, according to the settled in 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 obliged to supply the goods, leases or provide the service, if the Institute for reasons attributable to it does not sign it. In this case, the Institute 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 related directly with the invitation to tender in question.
The delay of the DGA in the delivery of advances shall extend the date of compliance with the obligations of the supplier in the same period.
The rights and obligations arising out of contracts or orders may not be transferred by the supplier in favour of any other person, with the exception of payment entitlements, in which case it shall be have the express and written consent of the Institute through the DGA.
Article 47.- The Institute may enter into open contracts to acquire goods, leases or services that are repeatedly required in accordance with the following:
I. The minimum and maximum quantity of the goods, leases or services to be contracted shall be established; or the minimum and maximum budget which may be exercised. The minimum quantity or budget shall not be less than 40% of the maximum amount or budget;
In cases of goods manufactured exclusively for the Institute, the minimum quantity or budget required may not be less than eighty percent of the the maximum amount or budget to be set. Exclusive manufacturing goods shall mean those which require a special manufacturing process as determined by the Institute. No delivery time may be established 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.
The requesting area with supplier acceptance may make modifications to contracts or orders up to twenty percent of the maximum amount or budget of the originally agreed upon, using for payment the budget of another or other items provided for in the contract or order itself, provided that it does not result in an increase in its total maximum amount, without prejudice to the provisions of Article 51 of this Regulation.
Article 48.- Providers who conclude the contracts referred to in this Regulation shall ensure:
I. The advances which, if any, they receive. The guarantees shall be constituted by the total amount of the advances, and
II. Compliance with the contracts.
For the purposes of this Article, the DGA in the Bases and Lineings shall determine the conditions, form and percentages to which the collateral to be held shall be subject to constitute, in the light of the history of suppliers ' compliance with the contracts concluded with the Institute, in order to determine minor amounts for the latter.
In the cases referred to in Article 41 (III), (VII) and (VIII) and (42) of this Regulation, the holder of the DGA may, under his responsibility, exempt the supplier from provide the guarantee of compliance with the respective contract.
The guarantee of performance of the contract must be submitted within the period or date specified in the call for tender, or in the absence thereof, at the latest within ten years. natural 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 in the date set in the contract.
The guarantees to be granted under this Regulation will be in favour of the Institute.
Article 49.- The DGA shall refrain from receiving proposals or awarding contracts in the matters referred to in this Regulation, with the following persons:
I. Those in which the public servant who intervenes at any stage of the procurement procedure has a personal, family or business interest, including those that may be of benefit to him, his or her spouse or his or her relatives consanguineos up to the fourth degree, by affinity or civil, or for third parties with whom he has professional, labor or business relations, or for partners or companies of which the public servant or the persons referred to above form or have been a party for the two years prior to the date of the conclusion of the procurement in question;
II. Those who perform a job, position or commission in the public service, or the companies of which those persons are a party, without prior and specific authorization from the Comptroller's Office;
III. Those suppliers who, for reasons attributable to themselves, the Institute have administratively terminated them more than one contract, within a period of two calendar years counted from the notification of the first termination. Such an impediment shall prevail in the case of the DGA by the time limit laid down in the Pobalines referred to in Article 1. of this Regulation, which may not exceed two calendar years from the notification of the termination of the second contract;
IV. Those who are disabled by resolution of the Comptroller or the Secretariat of the Civil Service in the terms of Title VI of this order, Title V of the Law on Procurement, Leases and Services of the Public Sector and Title Sixth of the Public Works and Services Act 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 Institute, where it has been seriously impaired;
VI. Those which have been declared subject to a trade contest or similar figure;
VII. Those who present proposals in the same heading of a good or service in a procurement procedure that are linked to each other by a common partner or associate.
It is understood that it is a common partner or associate, that natural or moral person who in the same procurement procedure is recognized as such in the constitutional acts, (a) by statute or in its reforms or amendments of two or more lawful undertakings, by virtue of having an shareholding in the capital, giving it the right to intervene in the decision-making or in the administration of such persons; moral;
VIII. Those who intend to participate in a procurement procedure and have previously carried out or are in the process of carrying out, in themselves or through companies forming part of the same business group, under another contract, analysis and quality control, preparation of specifications, budget or the preparation of any document linked to the procedure in which they are interested in participating, when the work is carried out would have had access to inside information that would not be made known to the bidders for the elaboration of their propositions;
IX. Those which in itself or through companies that are part of the same group of companies intend to be hired for the elaboration of opinions, opinions and guarantees, when these have to be used to resolve discrepancies arising from contracts in which such persons or undertakings are parties;
X. Those who conclude contracts and/or orders on matters governed by this Regulation without being entitled to make use of intellectual property rights;
XI. Those who have used inside information, improperly provided by public servants or their relatives by consanguine kinship and, by affinity to the fourth grade, or civil;
XII. Those who engage in advisory, consulting and support services 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 on their own or by person, regardless of whether or not those who receive them are related to the procurement;
XIII. Those who lawfully and for reasons attributable to them have not formalized a contract awarded prior to the Institute. Such an impediment shall prevail before the Institute for the time limit laid down in the provisions of Article 1 (1). of this Regulation, which may not exceed a calendar year counted from the day on which the term laid down in the call for competition or, where appropriate, Article 46 of this Regulation, for the formalisation of the contract or order in question;
XIV. Other than for any cause shall be prevented from doing so by provisions laid down in this Regulation or by law, and
XV. Those who have incurred any responsibility or those who are sanctioned in terms of the provisions of Articles 8 and 9 of the Federal Anti-Corruption Law in Public Contracts.
The DGA shall be responsible for the registration, control and dissemination of persons who are prevented from entering into contracts, which shall be disseminated through the PURCHASE.
Article 50.- The date of payment to the supplier provided for in the contracts shall be subject to the conditions laid down by them; however, it may not exceed 20 calendar days from the date of entry into force of the contract. the delivery of the respective invoice, after delivery of the goods or services in the terms of the contract or order.
In the event of default in the payments referred to in the preceding paragraph, the Institute 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 the Federation's Revenue 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 after the date of the agreed period, until the date on which the quantities are actually made available to the supplier.
Dealing with excess payments received by the supplier, the supplier must reintegrate the amounts paid into excess, plus the corresponding interest, as indicated in the preceding paragraph.
The 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 amounts are effectively put Provision of the Institute.
In the event of termination of the contract, the supplier shall reintegrate the advance and, where applicable, the progressive payments that 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 Institute.
The DGA will establish in the Bases and Lineups payment to providers through electronic means of communication.
Article 51.- Requiring areas may, within their approved and available budget, under their responsibility and for substantiated and explicit reasons, agree to increase the amount of the contract or order, or the quantity of goods, leases or services requested by means of modifications to the legal instruments mentioned above, provided that the modifications do not exceed twenty percent of the amount or quantity of the concepts or volumes originally set on the same and the The price of goods, leases or services is equal to the original agreement, according to the criteria established in the Bases and Guidelines.
Dealing with contracts or orders in which two or more items are included, the percentage referred to in the preceding paragraph, shall be applied for each of them.
When suppliers demonstrate the existence of justified causes that prevent them from complying with the total delivery of the goods in accordance with the quantities agreed in the contracts or orders, the Institute The DGA may modify them by cancellation of items or part of the amounts originally stipulated, provided it does not exceed ten percent of the total amount of the respective contract.
Any modification to the contracts must be formalized in writing by the parties, the respective legal instruments will be subscribed by the public servant who has done so in the contract or who replace or have the right to do so, with the revision and validation of the DGJ.
The Institute shall refrain from making any changes concerning prices, advances, progressive payments, specifications and, in general, any changes which involve giving more favourable conditions to a provider, compared to those originally set.
Article 52.- The DGA will agree to conventional penalties by the supplier for delay in the fulfillment of the agreed delivery dates or service delivery, which will not exceed the amount of the service. security of performance of the contract or order, established in the Bases and Lineings and shall be determined on the basis of the goods or services not delivered or provided in a timely manner. For transactions in which the price adjustment is agreed, the penalty will be calculated on the adjusted price.
The suppliers will be obliged to the Institute to respond to the defects and hidden defects of the goods and the quality of the services, as well as any other responsibility in which they have incurred, in the terms specified in the respective contract or order and in the applicable law.
The suppliers will cover the compensatory quotas which, in accordance with the law of the matter, may be subject to the importation of goods subject to a contract or order, and in these cases no increases will be made. at agreed prices, or any other modification to the contract.
Article 53.- The contracting area may establish in the calls for tender, invitations to at least three suppliers, as well as in contracts and orders, deductions for the payment of goods or services for the partial or deficient non-performance in which the supplier may incur. In such cases, the Bases and Guidelines shall be established, the limit of non-compliance from which the DGA, upon request of the requesting area, may cancel in whole or in part the items or concepts not delivered, or terminate the contract or order in the terms of this article.
Article 54.- The DGA may administratively terminate contracts or orders at any time when suppliers breach their 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 DGA shall have a period of 15 working days to resolve, considering the arguments and evidence that the supplier has made. The determination to give or not to terminate the contract or order shall be duly founded, motivated and communicated to the supplier within that period, and
III. When the contract or order is terminated, the corresponding finiquito shall be formulated, in order to record the payments to be made by the requesting area for the goods received or the services provided up to the moment of termination.
Initiated a conciliation procedure, the DGA under its responsibility, may suspend processing of the termination procedure.
If, in advance of the determination to terminate the contract or order, the goods are delivered or the services provided, the procedure initiated shall be without effect, after acceptance and verification of the requesting or technical area, that the need for the same applies, where applicable, the relevant conventional penalties.
The DGA may determine not to terminate the contract or order, when during the procedure you notice that the termination may cause any damage or damage to the functions entrusted to it. In this case, the requesting or technical area shall draw up an opinion in which it justifies that the economic or operational impacts resulting from the termination would be more inconvenient.
If the contract or order is not terminated, the Institute through the DGA will establish with the supplier another deadline, which will allow it to correct the non-compliance that has motivated the beginning 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 51 of this Regulation.
When, for reasons of delay in the delivery of the goods or the provision of the services, or the termination procedure is placed in a tax year other than that in which the contract or order, the requesting area 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 is available for the fiscal year in force, prices originally agreed. Any covenant contrary to the provisions of this article shall be deemed null.
Article 55.- The DGA may terminate contracts or orders in advance when reasons of general interest are present, or, where for justified reasons, the need to require the goods or services originally contracted, and it is shown that if the agreed obligations are to be continued, any damage or injury to the Institute would be caused, or the nullity of the acts giving rise to the contract or (i) in the light of the request for the resolution of a non-conformity or trade issued by the Comptroller's Office. In these cases, the Institute shall reimburse the supplier for any non-recoverable expenses incurred, provided that they are reasonable, duly checked and relate directly to the contract or order concerned, to the following concepts:
a) Unwritten expenses by concept of:
I. Offices, warehouses or warehouses which have been supplied by the supplier, in order to meet directly the needs of the provision of the service or the delivery of the goodsand
II. The installation and removal of equipment intended directly for the provision of service or delivery of goods;
(b) The amount of permanent installation materials and equipment purchased by the supplier for the performance of the contract, which cannot be used by the supplier for other purposes, and
(c) the costs incurred by the supplier for the liquidation of the technical and administrative staff directly assigned to the provision of the service or delivery of the goods, provided that they have been contracted for the performance of the contract and the settlement is carried out with the competent authority.
Article 56.- Requiring areas will be required to maintain the assets acquired or leased under appropriate operating and maintenance conditions, as well as to monitor the assets for which they are intended. compliance with previously determined programs and actions.
For the purposes of the preceding paragraph, the DGA in procurement, lease or service contracts shall stipulate the conditions to ensure its proper operation and operation; obtaining an insurance policy from the supplier, which guarantees the integrity of the goods up to the moment of their delivery and, if necessary, the training of the personnel who will operate the equipment.
The acquisition of materials whose consumption makes it necessary invariably the use of equipment owned by the supplier may be carried out as long as the call for tender is established that a who is awarded the contract shall provide such equipment at no cost to the Institute for the time required for the consumption of the materials.
Article 57.- Where in the provision of the service is present a fortuitous case or force majeure, the areas that are either competent or technical, under their responsibility may suspend the provision of the service, in which Only those who have actually been provided will be paid and where appropriate, the unamortised advances will be reintegrated.
Where the suspension is due to causes attributable to the Institute, it shall be through the DGA, reimburse the supplier for non-recoverable expenses arising during the duration of this suspension, provided that These are reasonable, properly checked, and directly related to the contract or order, limiting as appropriate to the following concepts:
(a) Thirty percent of the income of the inactive equipment or, if it is cheaper, the freight rates of the withdrawal and return of the equipment to the building in which the service is provided, and
b) Up to twenty percent of the rent of the offices that the supplier has leased, in order to directly address the needs of the service.
The above, prior to the opinion of the requesting area, taking into account the opinion that the DGAG has issued in this regard.
In any of the cases provided for in this article, the suspension period shall be agreed by the parties, at the end of which the early termination of the contract or order may be initiated.
The holders of the areas of the goods or services shall be responsible for administering and monitoring the performance of each of the contracts, unless prior notification, in writing, of the formally to the public servant responsible for its administration and supervision, and must inform in due course of the compliances, defaults and the expiration of the same, to the effect that with opportunity the démarches are carried out corresponding administrative procedures.
From Information and Verification
Article 58.- The DGA shall keep in an orderly and systematic manner all documentation and electronic evidence of the acts and contracts subject to this Regulation in terms and deadlines. to have the applicable normativity.
The proposals discarded from the public tender or invitation to at least three suppliers may be returned to the bidders who request it, after sixty calendar days after from the date on which the respective failure is to be known, unless there is any pending non-conformity, in which case the proposals shall be kept until the full termination of the inconformity and subsequent instances.
Article 59.- The DGA will organize a supplier registry, classifying the natural or moral persons who integrate it according to its activities, general data, nationality and history ina) the contracting authority shall be required to carry out the tasks referred to in Article 1 (1) (a);
Such registration shall be permanent and available to any interested party through the PURCHASE, except for information of a reserved nature, in terms of the Transparency Act.
Registration shall have only declarative effects with respect to the registration of suppliers, without the effect of establishing rights or obligations.
Article 60.- The Office of the Comptroller, in the exercise of its powers, may verify, at any time, that acquisitions, leases and services are carried out in accordance with this Regulation or other applicable provisions and may carry out the visits and inspections it deems relevant to the DGA, and may also request public servants and suppliers to participate in all data and reports relating to the acts in question, which must provide the information they are required at the time.
The requests for information and documentation required by the Comptroller to the public servants and the suppliers must be made by trade, indicating the time allowed for their delivery, the which shall be determined by considering the nature and quantity of fojas of such information and documentation, without in any case being less than five calendar days. In the event that the public servants or suppliers consider that the time limit is insufficient, they may request the extension of the deadline, stating the reasons for this.
The Economy Secretariat, 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, in case that they do not comply with those requirements, it shall inform the Comptroller's Office.
Article 61.- The Comptroller's Office or by the persons accredited in the terms established by the Federal Law on Metrology and Standardisation, may verify the quality of the movable property acquire the Institute.
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 representative of the respective requesting area. Failure to sign the supplier shall not invalidate that opinion.
Any public servant participating in any of the stages of the procurement, leases and services process, determined in this Regulation, is obliged to explain and respond to the exercise of the Commission received in a framework of transparency and efficiency.
The process of accountability is the obligation that every public servant has on the fulfillment of the assigned functions, as well as the specific and general objectives of the Institute, promoting at all times the best conditions for this. The process will be formalized through the documentation that during the different stages and procedures shows the form, in which the formats, analyses, evaluations, investigations, files, reports, records and information will be prepared comply with the provisions of this Regulation, documents to be published on the Institute's website within 15 working days following the end of the recruitment process.
Infractions and Sanctions
Article 62.- The bidders or suppliers who violate the provisions of this Regulation will be punished by the Comptroller's Office with an amount that will be able to go from fifty to a thousand times the salary General minimum in force in the Federal District raised per month, at the date of the infringement.
When the bidders, unjustifiably and for reasons attributable to them, do not formalize contracts or orders whose amount does not exceed fifty times the general minimum wage in force in the Federal District For the month, they will be punished for the amount that will result from 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 63.- The Comptroller, in addition to the sanction referred to in the first paragraph of the previous article, will temporarily disable to participate directly or by person in procurement procedures or to conclude contracts or orders regulated by this Regulation, to natural or moral persons who are in any of the following cases:
I. The tenderers who unjustifiably and for reasons attributable to them do not formalize two or more contracts or orders awarded to them by the Institute within two calendar years, counted from the day on which it was the term for the formalisation of the first non-formalised legal instrument;
II. The providers to whom the Institute has administratively terminated a contract or order on two or more occasions 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 harm to the Institute; 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 holding of the legal instrument or during its term, or in the filing or unahold of an application for reconciliation or a non-compliance;
V. Those found in the case of Article 49 (XII) of this Regulation, and
VI. Those that are in the case of the second paragraph of Article 77 of this Regulation.
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 Comptroller's Office make the knowledge of the DGA, by publishing the respective circular, on the Institute's website and on the PURCHASE.
If the day on which the period of disqualification referred to in the preceding paragraph is met has not paid the fine that was imposed in terms of the previous article, the aforementioned disablement until the corresponding payment is made.
Any Responsible Unit or public servant of the Institute shall, within 15 calendar days following the date on which they are aware of any infringement of the provisions of this Regulation, report and in its case refer to the Comptroller the documentation of the facts presumably constitutive of the infraction.
In exceptional cases, after authorization from the Comptroller's Office, the DGA may accept proposals from disabled suppliers when the services they offer are indispensable because they are the only ones potential bidders in the market.
Article 64.- The Comptroller will impose the penalties considering:
I. The damages or damages that have occurred in connection with the infringement;
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 processing of the procedure to impose the penalties referred to in this Title, the Comptroller must observe the provisions of the Fourth and other applicable Title of the Federal Law of Procedure Administrative, applying the Federal Civil Code, as well as the Federal Code of Civil Procedures.
Article 65.- The Comptroller's Office shall apply the penalties applicable to those who infringe the provisions of this Regulation, in accordance with the provisions of the Federal Law on Administrative Responsibilities Public Servers.
The Comptroller's Office may refrain from initiating the procedures provided for in this Regulation, when the investigations or revisions are made to the effect that the act or omission does not is serious, or does not imply the probable commission of any crime or property damage to the Institute, or that the act or omission was corrected or remedied spontaneously by the public servant or implies manifest error and in any of these (a) the effects which, if any, would have occurred or have been resarcido.
Article 66.- The responsibilities and penalties referred to in this Regulation shall be independent of those of civil, criminal or any other nature that may derive from the the same facts.
Article 67.- No penalties shall be imposed when the offence is incurred due to force majeure or fortuitous cases, or when the precept that had been left is spontaneously observed. comply. 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 63 of this Regulation.
From the Dispute Solution
From the Incompliance Instance
Article 68.- The Comptroller's Office will be aware of the non-conformities that are promoted against the acts of the public tender procedures or invitation to at least three suppliers that are indicated to continuation:
I. The call for tender and clarification boards.
In this case, the non-conformity may be submitted only by the person concerned who has expressed an interest in participating in the procedure, as established in the Article 31 of this Regulation, within six working days following the conclusion of the last meeting of clarifications;
II. The invitation to at least three providers.
You will only be entitled to insettle who has received an invitation, within six business days;
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, within six working days following the conclusion of the public meeting in which the judgment is to be made known, or where 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 submitted a proposal, within six working days of its notification, and
V. The acts and omissions by the convener that prevent the formalisation of the contract or order in the terms set out in the call for competition or in this Regulation.
In this case, the non-conformity may be presented only by the person who has been awarded, within six working days after the date on which the time limit set in the judgment for the formalisation of the legal instrument or, failing that, the legal period.
In all cases in which the bidders have submitted a joint proposal, the non-conformity shall only be obtained if it is jointly promoted by all the members of the same.
The initial statement of the inconformations referred to in Article 69 of this Regulation must be accompanied by the expression of interest to participate in the procedure with the acknowledgement of receipt or stamp of the DGA, or the constancy that is obtained from its submission in electronic form through PURCHASE.
The failure to display the document referred to in the preceding paragraph will be a reason for prevention in terms of the provisions of the penultimate paragraph of Article 69 of the Rules of Procedure.
Article 69.- Inconformity must be filed in writing, directly at the Office of the Comptroller.
The interposition of the inconformity in form or in a different authority to the one indicated in the preceding paragraph, 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 as as such the person named in the first term;
II. Address to receive personal notifications, which must be located in the place where the Comptroller is resident. In the event that no procedural address is indicated in these terms, the notifications shall be made for strings;
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 you challenge.
In the case of documentaries forming part of the procurement procedure held by the Convocation, it is sufficient that they be offered for such a copy to be sent in copies Authorized at the time of your circumstantial report, 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 Regulation 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 initial document and annexes for the Convocation and for the third or third parties concerned, with such a nature as to the tender to whom the contract was awarded.
The Comptroller's Office shall prevent the person from making any of the requirements set out in Part I, III, IV and V of this Article, in order to remedy these omissions, by warning that Failure to do so within three working days shall be disposed of, except in the case of evidence, the omission of which shall result in the absence of such evidence.
In the case of fraction 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.
Item 70.- Incompliance is inappropriate:
I. Against acts other than those laid down in Article 68 of this Regulation;
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 71.- The noncompliance overment proceeds when:
I. The unsatisfied desist expressly;
II. The convoor sign the contract, in the event that the contested act is of those referred to in Article 68 (V) of this Regulation, and
III. During the substantiation of the instance, one of the causes of origin established in the previous article is warned or exceeded.
Article 72.- Notifications will be made:
I. In personal form, for the nonconforming and the third or third parties concerned:
a) First notification and preventions;
b) Resolutions concerning the suspension of the contested act;
c) The one that supports the extension of the noncompliance;
d) The definitive resolution, and
e) The other provisions or resolutions that merit it, in the judgment of the Comptroller.
II. For strings to 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 nonconformity, third party or third party concerned domicile located in the place where the Comptroller's Office resides, and
III. By trade, those addressed to the Convocation.
Article 73.- The suspension of the acts of the procurement procedure and the acts of the procedure shall be decreed, provided that it is requested by the inaccordance in its initial document and is advised to exist or there may be acts contrary to or from the provisions of this Regulation and, in addition, no harm to the social interest or provisions of public order are contravened.
In your application, the nonconforming must express the reasons for which the suspension is considered, as well as the affectation that would resentiate in the event that the acts of the procedure continue procurement.
Requested suspension, the Comptroller 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 will contain the legal considerations and fundamentals in which you support or deny it.
Should the final suspension be brought, the situation in which things are to remain and the relevant measures to be taken to keep the matter up to the dictation should be specified. of the resolution that puts an end to the non-compliance.
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 the amount, of the authorized budget for the the contracting parties concerned, in accordance with the headings which, where appropriate, correspond. If the required security is not displayed in its terms, such precautionary measure shall cease to have effect.
The definitive suspension will be subject to the applicant, within three working days following the notification of the relative agreement, to guarantee the damages it could cause. If, within the period described above, the person concerned does not exhibit the guarantee in respect of the Comptroller's Office, the Office shall agree that the time limit for displaying the guarantee has expired.
In the event that the nonconformity exhibits the guarantee within the period referred to in the preceding paragraph of this article, the Comptroller's Office will give the third party or third parties interested in it, to the effect that, within the three working days following the one in which the provision is notified, grants an equivalent counter-guarantee to the non-compliant, of course in which the suspension shall cease to have effect.
Since the resolution terminating the instance of non-compliance has been caused, the warranty execution incident may be initiated, which will be processed in writing where the damage will be reported or injury which resulted in the suspension of the acts, as well as the evidence which it considers relevant.
With the incidental writing, the interested party who has granted the guarantee in question will be given the view that, within ten working days, it will manifest what is right.
Once the evidence has been de-drowned, within ten working days, the Comptroller's Office will resolve the incident, in which the source of the cancellation will be decreed, or the guarantee will be effective. the 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 Comptroller's Office warns of irregularities in the contested procurement procedure, it may declare the suspension of its own motion without the need for a request or a guarantee of the nonconformity, provided that this does not prejudice the social interest or contravene provisions of public order. The relative agreement shall contain the legal considerations and foundations in which it is supported to decrease it.
Article 74.- The Comptroller will examine the noncompliance and if I find a manifest motive of improvenance, it will be discarded outright.
Received the non-conformity, the Convener shall be required to give within two working days a prior report showing the general data of the procurement procedure and the third or interested third parties, and give the reasons why it considers that the suspension is appropriate, in the following terms:
I. The state that saves the procurement procedure object of incompliance;
II. The name and address of the third party or third parties concerned, where appropriate;
I. The authorised economic amount of the procurement procedure from which the contested act derives and, where appropriate, the amount of the contract awarded;
IV. The reasons it considers relevant for the origin or the origin of the suspension of the contested act requested by the inconforme or the Office of the Comptroller's office.
The Convocation will also be required to give within six working days a circumstantial report, in which the reasons and grounds for maintaining the impropriety of the inconformity will be exposed, thus as to the validity or legality of the contested act and shall, where appropriate, be accompanied by an authorised copy of the constances necessary to support it, as well as those referred to in Article 69 (IV) of this Regulation.
Reports still received in an extemporaneous manner shall be considered to be rendered, without prejudice to the potential liability of the public servants for such delay.
Once the data of the third party or third parties concerned is known, it shall be transferred to it with a copy of the initial document and its annexes, in order to make the following six working days: the procedure to express what is appropriate, as a result of which the provisions of Article 69 of this Regulation are applicable.
The inconformity, within three working days following the one in which the circumstantial report is received, shall have the right to extend its grounds of challenge, when the same elements appear that I didn't know.
The Comptroller's Office in case of an estimate of the extension, will require the Convocation to give the corresponding circumstantial report within six working days, and will give to the third party interested so that in the same period you will manifest what is in your interest.
Article 75.- Undrowned the evidence shall be made available to the nonconforming and third party or interested third parties to the effect that within three working days of their arguments in writing. The pleadings of the parties shall be made only if the arguments of the non-conformity, or of the extension thereof, the circumstantial reports or the statements of the third party, as appropriate, are reversed.
Closed the instruction, the Comptroller will dictate the resolution in a term of fifteen working days.
Article 76.- 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 the grounds for impeachment and other reasoning as a whole expressed 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 resolutive points that clearly express their scope and effects, in accordance with the considered part, when the guidelines for the replacement of null decrees or for the signature of the contract or order are applicable.
Once the resolution that puts an end to the noncompliance is caused, it will be posted on the Institute's website.
Article 77.- The resolution issued by the Comptroller 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. Declare the non-conformity to be founded and 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 signing of the contract or order, when the unconformity promoted in terms of article 68, fraction V of this Regulation 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 nonconforming will be sanctioned, after proceeding, in terms of of Articles 62 and 63 of this Regulation. 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 intervention of trade may be contested by the person concerned or third party by means of the review facility provided for in the Law Federal Administrative Procedure, or, where appropriate, before the competent courts.
Article 78.- 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 Inconformity and the third or third parties concerned, within three working days after they are aware of the compliance that has been given by the convenor to the resolution, or that has elapsed the legal period for such an effect and has not been complied with, may make the knowledge of the resolution authority incidental, 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 the third or third parties concerned or the third party a view inaccordance, as appropriate, so that in the same period it manifests what is in its interest.
If it is credited that the resolution was not completed according to the guidelines set, the Comptroller will leave the respective act insistently, and will order the convener to replace it within three days. In accordance with the resolution that put an end to the non-conformity, he agreed. If I find that there was a total omission, it will require the convening of immediate compliance.
The resolution terminating the incident provided for in this article may be challenged by the unsatisfied or third party or third parties concerned by the review facility provided for in the Federal Law of Procedure. Administrative or, where appropriate, before the competent courts.
The contempt of the convener of the resolutions and agreements that the Comptroller's Office will issue in the procedures of failure will be sanctioned according to the provisions of the Federal Law of Responsibilities Administrative for Public Servers.
In cases where there are contracts or orders resulting from the declared null acts, such agreements shall be valid and enforceable until the resolution is complied with, but it will be necessary to terminate them. In advance where 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 79.- On the basis of information known to the Comptroller of the exercise of his or her powers of verification, he will be able to make trade interventions in order to review the legality of the acts referred to in Article 68 of this Regulation.
The initiation of the procedure for the operation of the trade will be by means of the statement of observations, in which the Comptroller's Office will accurately identify any irregularities which may be noted in the event intervention.
The suspension of the acts of the procurement procedure and those resulting from it may be decreed, in accordance with the provisions of the last paragraph of Article 73 of the Treaty. Regulation.
The provisions of this Regulation for the processing and resolution of non-conformities are applicable to the procedure for the intervention of trade, as it is conducive.
Of The Reconciliation Procedure
Article 80.- At any time the suppliers or the DGA may submit to the Comptroller's Office for conciliation, due to disagreements arising from the fulfillment of the contracts or orders.
Once the respective request has been received, the Comptroller will point out the day and time to verify the reconciliation hearing and quote the parties. 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 submit your application.
In the Bases and Guidelines, the aspects related to the submission of the application, its origin, the parties involved and its actions will be established.
Article 81.- At the reconciliation hearing, the Comptroller, taking into account the facts stated in the request and the arguments that the DGA will be asserting, will 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 Regulation, without prejudice to the dispute raised.
Article 82.- In the event that the parties reach an agreement during the conciliation, the respective agreement will force them, and their compliance may be sued by the court. corresponding. The Comptroller's Office will follow up on the wills agreements, for which the DGA will have to submit a report on the progress of compliance with this Regulation. In the absence of voluntary agreements, the parties may opt for any solution to their dispute.
Of The Arbitration, Other Solution Mechanisms
Controversies and Judicial Competition
Article 83.- An arbitration agreement may be agreed with respect to disputes arising between the parties by interpretation of the terms of the contracts or by 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 the administrative termination, the early termination of contracts or orders, as well as those cases that have the Bases and Lineings.
Article 84.- The arbitration may be provided in the express clause of the contract, orders or written agreement after its conclusion. In the Bases and Lineings 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 85.- Payment of services to the person serving as an arbitrator shall not be subject to this Regulation.
The costs and fees of the arbitration shall be borne by the contracting parties, unless otherwise determined in the arbitral award.
Article 86.- The arbitral award shall culminate in the arbitral award, and may be considered for the purposes of addressing observations made by those who have the power to carry them out, on the the subject matter of that award.
Article 87.- The parties may agree to other dispute settlement mechanisms to resolve their discrepancies in the interpretation or execution of contracts or orders.
FIRST.- This Regulation shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND.- The Directorate-General for Administration is to be instructed for the sole purpose so that, within a period of no more than 15 working days, counted from the entry into force of this Regulation, carry out the necessary actions for the integration, authorisation and corresponding publication of the Annual Programme for Procurement, Leases and Services for the financial year 2015.
THIRD.- The Directorate General of Administration is instructed to draw up the Policies, Bases and Guidelines, referred to in the fifth paragraph of Article 1. of this Regulation, in a term which shall not exceed 30 working days from the entry into force of this order and subject the Policies to the approval of the Plenary; and the Bases and Guidelines for the approval of the Committee.
FOURTH.- The Federal Institute for Access to Information and Data Protection will have an Electronic System called PURCHASE to publish the procedures set out in this Regulation; If this system is to be completed by the end of December 2016, as long as this system is not developed, the publication of the procurement procedures will continue to be carried out through the CompraNet system.
QUINTO.- The procedures for hiring, inconformities, penalty to bidders, suppliers or contractors, and review resources that are in the process of the date of entry into force This Regulation shall continue until its conclusion in the terms and provisions laid down in the Law on Procurement, Leases and Services of the Public Sector and its Regulation in force to date.
SIXTH.- Contracts entered into prior to the entry into force of this Regulation shall continue to be regulated until their termination by the provisions of the Procurement Act, Leases and Services of the Public Sector and its Regulations in force at the date of the start of the procedure.
SEVENTH.- The Pobalines referred to in this Regulation shall be approved no later than 30 working days after the publication of this Regulation in the Official Journal of the the Federation. In the meantime, the policies, Bases and Lineings in the Matter of acquisitions, Leases and Services of the IFAI that are in force to date will be applied.