Agreement incorporating the Federal Government Digital Store application as a module of CompraNet and issuing general provisions regulating its operation — SHCP — MX

DOF: 31/07/2019

AGREEMENT incorporating the application known as the Federal Government Digital Store as a module of CompraNet and issuing the general provisions regulating its operation

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- SHCP.- Ministry of Finance and Public Credit.

AGREEMENT

/2019

ARTURO HERRERA GUTIÉRREZ, Secretary of Finance and Public Credit, based on articles 1, 2, fraction I, 26, 31, fractions XXV and XXVI, of the Organic Law of the Federal Public Administration; Eighth and Thirteenth Transitory of the Decree reforming, adding, and repealing various provisions of the Organic Law of the Federal Public Administration, published in the Official Gazette of the Federation on November 30, 2018; 2, fraction II, 17, 45, last paragraph, and 56, second paragraph, of the Law on Acquisitions, Leases, and Services of the Public Sector; 14 of the Regulations of the Law on Acquisitions, Leases, and Services of the Public Sector, and 4 of the Internal Regulations of the Ministry of Finance and Public Credit, and

CONSIDERING

That the Political Constitution of the United Mexican States, in its article 134, first paragraph, provides that the economic resources available to the Federation shall be administered with efficiency, effectiveness, economy, transparency, and honesty to satisfy the objectives to which they are destined;

That the Organic Law of the Federal Public Administration, in its article 31, fractions XXV and XXVI, confers upon the Ministry of Finance and Public Credit the authority to plan, establish, and conduct general policy in matters of public contracting regulated by the Law on Acquisitions, Leases, and Services of the Public Sector and the Law on Public Works and Related Services, promoting the best contracting conditions in accordance with the principles of efficiency, effectiveness, economy, transparency, impartiality, and honesty; issuing and interpreting the norms, guidelines, manuals, procedures, and other analogous instruments required in these matters; as well as promoting the harmonization of policies, norms, and criteria in matters of public contracting, and acting as the consolidating area for the purchasing procedures for goods and contracting of services that the Ministry itself determines;

That article 2, fraction II, of the Law on Acquisitions, Leases, and Services of the Public Sector, establishes that CompraNet constitutes the means through which contracting procedures will be developed, including direct award procedures resulting from a framework contract, in accordance with articles 17 and 41, fraction XX of the same legal instrument and 14 of its Regulations;

That pursuant to article 56, second paragraph, of the Law on Acquisitions, Leases, and Services of the Public Sector, in relation to article Eighth Transitory of the Decree reforming, adding, and repealing various provisions of the Organic Law of the Federal Public Administration published in the Official Gazette of the Federation on November 30, 2018, it corresponds to the Ministry of Finance and Public Credit the administration of CompraNet, in which the dependencies, entities, and other subjects of said Law must incorporate the information that it requires of them;

That in terms of article 14, third paragraph of the Regulations of the Law on Acquisitions, Leases, and Services of the Public Sector, in relation to article Eighth Transitory of the Decree reforming, adding, and repealing various provisions of the Organic Law of the Federal Public Administration, it corresponds to the Ministry of Finance and Public Credit to coordinate the necessary actions with the dependencies and entities to celebrate framework contracts, including, among others, their elaboration and celebration;

That through the "Federal Government Digital Store" public entities may carry out direct awards to acquire or lease goods and to contract services, which derive from a framework contract, provided that it contains electronic catalogs of goods or services;

That in view of the foregoing, I have deemed it appropriate to issue the following:

AGREEMENT INCORPORATING THE APPLICATION KNOWN AS "FEDERAL GOVERNMENT DIGITAL STORE" AS A MODULE OF CompraNet AND ISSUING THE GENERAL PROVISIONS REGULATING ITS OPERATION.

ARTICLE FIRST.- OBJECTIVE.

This Agreement aims to incorporate the application known as "Federal Government Digital Store" as a module of CompraNet, as well as to regulate its operation through general provisions.

ARTICLE SECOND.- DEFINITION OF THE FEDERAL GOVERNMENT DIGITAL STORE.

The "Federal Government Digital Store" is the module of CompraNet through which contracting procedures will be carried out using electronic catalogs containing the goods or services subject to a framework contract celebrated by the Ministry of Finance and Public Credit, based on article 17 of the Law on Acquisitions, Leases, and Services of the Public Sector and 14 of its Regulations.

ARTICLE THIRD.- SCOPE OF APPLICATION.

This Agreement is mandatory for the dependencies and entities of the Federal Public Administration, who must carry out, through the "Federal Government Digital Store", their contracting procedures and the celebration of specific contracts resulting from them, based on article 41, fraction XX, of the Law on Acquisitions, Leases, and Services of the Public Sector, in the terms set forth in the framework contracts celebrated by the Ministry of Finance and Public Credit, as well as for national or foreign natural and legal persons interested in celebrating framework contracts.

The Ministry of Finance and Public Credit may determine the cases in which it is not feasible to use the Federal Government Digital Store in contracting procedures carried out under a framework contract, for which it will indicate in the corresponding framework contract the form and means through which the respective procedures will be carried out.

Public law entities of a federal nature with autonomy derived from the Political Constitution of the United Mexican States, as well as other public entities that have a specific regime in matters of acquisitions, leases, and services, may use the "Federal Government Digital Store", in the terms agreed with the Ministry of Finance and Public Credit.

ARTICLE FOURTH.- USE OF ADVANCED ELECTRONIC SIGNATURE.

Public servants, national natural or legal persons interested in becoming part of a framework contract, as well as potential national providers who have celebrated a framework contract, will use as a means of electronic identification the Advanced Electronic Signature issued by the Tax Administration Service in terms of the Law on Advanced Electronic Signature.

In the case of foreign natural or legal persons interested in becoming part of a framework contract and foreign providers, the Tax Administration Service will issue the Advanced Electronic Signature so that they use the "Federal Government Digital Store".

ARTICLE

FIFTH.-

COMPATIBILITY WITH COMPRANET.

The "Federal Government Digital Store" must be compatible with the operation of the other modules that make up CompraNet, so that the contracting procedures carried out through this application comply with the provisions of the Law on Acquisitions, Leases, and Services of the Public Sector, its Regulations, and other applicable legal provisions in the matter.

For the purposes of the preceding paragraph, the General Comptroller's Office of the Ministry of Finance and Public Credit, through the Administrative Unit it designates, will carry out the necessary technological adjustments to CompraNet.

ARTICLE SIXTH.- ADMINISTRATION OF THE FEDERAL GOVERNMENT DIGITAL STORE.

The administration of the operation of the "Federal Government Digital Store" will correspond to the General Comptroller's Office of the Ministry of Finance and Public Credit, through the Administrative Unit it designates, with the support of the other administrative units of the General Comptroller's Office that, within the scope of their authority, intervene in the design, elaboration, celebration, and administration of framework contracts.

ARTICLE SEVENTH.- SYSTEM INTEROPERABILITY.

In order to carry out continuous improvements to the "Federal Government Digital Store", in matters that require interoperability and exchange of information with the electronic systems of other dependencies or entities of the Federal Public Administration or public entities of other levels of government, the General Comptroller's Office will be authorized to celebrate the collaboration agreements required for this purpose.

ARTICLE EIGHTH.- REGULATION OF THE OPERATION OF THE FEDERAL GOVERNMENT DIGITAL STORE.

The General Comptroller's Office of the Ministry of Finance and Public Credit, through the Administrative Unit it designates, will issue the Operations Manual of the Federal Government Digital Store, in which the technical requirements; the mechanisms for access, accreditation, and use of the application, as well as the manner in which its operation will be carried out, which guarantee the inalterability and conservation of information, will be specified.

The Operations Manual of the Federal Government Digital Store, and the other necessary information that allows the adequate operation of the "Federal Government Digital Store", will be available to all its users through the application itself or through CompraNet.

ARTICLE NINTH.- INTERPRETATION.

The General Comptroller's Office of the Ministry of Finance and Public Credit, through the Public Contracting Normativity Unit, will be the instance authorized to administratively interpret this agreement, as well as to resolve matters not foreseen in it, for which it may rely on other administrative units of the Ministry, in accordance with the scope of their respective authority.

TRANSITORY PROVISIONS

FIRST.- This Agreement will enter into force on the next business day following its publication in the Official Gazette of the Federation.

SECOND.- The start of operations of the "Federal Government Digital Store" is subject to the process of elaboration and celebration of framework contracts.

THIRD.- The General Comptroller's Office of the Ministry of Finance and Public Credit, within a period not exceeding 45 natural days counted from the entry into force of this Agreement, will carry out the technological implementations referred to in Article Five of this Agreement.

FOURTH.- For the purposes that the General Comptroller's Office of this Ministry carries out the designations of the administrative units in charge of the functions foreseen in this Agreement, until the reforms to the Internal Regulations of the Ministry of Finance and Public Credit enter into force, it will designate the public servants of said General Comptroller's Office who will be responsible for such functions, who will be supported by the personnel assigned to the General Comptroller's Office for their execution.

Given in Mexico City, on the

of the month of

July

of two thousand nineteen. - The Secretary of Finance

and Public Credit, Arturo Herrera Gutiérrez. - Signature.

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