For companies that wish to participate in tender processes in Mexico, there are a number of regulatory provisions to consider. One of the most important is the Regulation on the Public Works and Related Services Law, which has been in force since July 29 2010. Among other things, it provides as follows:
- The Ministry of Finance and Public Credit, the Ministry of the Economy and the Ministry of Public Administration retain the right to issue interpretations of the regulations. However, such interpretations are mandatory only for government institutions and their internal units.
- Microenterprises and small and medium-sized companies may participate in the process if they can demonstrate such status (by either filing the relevant documentation, as issued by the competent authority, or submitting a statement under oath that attests to their status).
- In the case of national bids or tenders that involve at least three individuals, the bidder must provide proof of Mexican nationality before the agreement is signed.
- Certain requirements apply to calls for bids published by government institutions and their units. Such calls may not establish requirements which limit the free participation of interested parties. The date and time of the first meeting for queries and clarifications must be set out in the first call.
- A bidder may be disqualified from future processes if it appeals against a decision to award a contract to another bidder with the sole intention of delaying or hindering the award.
The regulation also establishes rules on the filing and opening of proposals. It sets out the documents that a bidder must enclose in its sealed bid, as well as the requirements for delivery of the bid. It takes account of the fact that bidders may already be registered with the Contractors Registry, thereby avoiding the need to refile documents for each bidding process and to provide evidence of relevant experience. In addition, the regulation modifies the cases in which a public bid will be declared void.
For further information on this topic please contact Daniel Maldonado-Alcántara or Cecilia Curiel Piña at Sanchez-DeVanny Eseverri SC by telephone (+52 55 9000 2668), fax (+52 55 9000 2667) or email ([email protected] or [email protected]).