On June 10th, 2015, Petroleos Mexicanos ("PEMEX") published in the Federal Official Gazette (the "Gazette") general procurement provisions (the ''Provisions") for PEMEX and its Subsidiary Productive Companies ("EPS"), after having been approved by the PEMEX Board of Directors.
These Provisions will regulate jointly with the Petroleos Mexicanos Law and its Regulations the acquisition, leases, service procurements and work executions to be performed by PEMEX and its EPS, and its scope is mandatory for PEMEX and its EPS public officers. The procurements to be entered between the EPS, will be subject to common law, and in the event of procurements entered into by Affiliate Companies, these will be subject to what is established in the policies to be approved by the Board of Directors for such purposes.
The Annual Program for Acquisitions, Leases, Works and Services (the "Program") of PEMEX or its EPS will be prepared jointly by the programming responsible areas of PEMEX or its EPS as may be applicable and the Department of Procurement and Supply. The Program is to be issued by no later than November 15th of the previous year from when the corresponding procurement is intended. it will contain the general description of the acquisitions, leases, works and services that are intended ton be procured during the corresponding fiscal year and those considered as multi-year periods; their estimated amounts for each year and the associated projects, considering the authorized budget ceiling.
The procurement procedures will be subject to the following:
- The open bid will initiate with the publication of the call for tenders in the web site of the Procurement and Supply Department that will be integrated into the PEMEX's website, or in any other means of communication established for such purpose, and it will conclude with the issuance of the award or, if applicable, the cancellation of the respective procedure;
- Restricted invitation, initiating with the delivery of the invitation to the participants and concluding with the award or, if applicable, with the cancellation of the respective procedure, and
- Direct award, initiating with the request for a quotation and concluding with its acceptance or rejection.
Individuals or legal entities may participate in the procurement procedures, with the possibility of having two or more individuals or entities participating as a consortium, providing for each procedure the form and content of the joint proposal. How the proposals will be submitted, will be defined in these cases.
The Provisions will become effective on the day following its publication in the Gazette, that is June 11th, 2015. Furthermore, with these Provisions the Procurement Provisions for Acquisitions, Leases, Works and Services matters for the Substantive Activities of Productive Nature of PEMEX and Subsidiary Entities and other legal provisions that may contravene or oppose the content of these Provisions will be derogated.
Finally, and in accordance with the Article Tenth Transitory of the new Petroleos Mexicanos Law, as of the issuance of the Provisions, the application of the new contractual regime of acquisitions, leases, services and works provided under the Petroleos Mexicanos Law will commence.