Agreement Incorporating the Legal Instrument Formalization Application as a CompraNet Module and Issuing General Provisions Regulating Its Operation — SHCP — MX

DOF: 18/09/2020

AGREEMENT incorporating as a module of CompraNet the application known as Legal Instrument Formalization and issuing the General Provisions regulating its operation.

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

AGREEMENT 97 /2020

ARTURO HERRERA GUTIÉRREZ, Secretary of Finance and Public Credit, based on articles 1, 2, section I, 14, 16, 26 and 31, sections XXV and XXXII of the Organic Law of the Federal Public Administration; Transitory Articles Eighth, Tenth and Thirteenth 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, section II, 45, last paragraph and 56, second paragraph, of the Law on Acquisitions, Leases and Services of the Public Sector; 2, section II, 46, second-to-last paragraph and 74, second paragraph of the Law on Public Works and Related Services; 84, second paragraph of the Regulations of the Law on Acquisitions, Leases and Services of the Public Sector; 81, second paragraph of the Regulations of the Law on Public Works and Related Services; 4, 6, section XXIX and 8 of the Internal Regulations of the Ministry of Finance and Public Credit, and Transitory Tenth of the Internal Regulations of the Ministry of the Public Function, published in the Official Gazette of the Federation on April 16, 2020, and

CONSIDERING

That the Political Constitution of the United Mexican States, in its article 134, first paragraph, establishes 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, section XXV, confers upon the Ministry of Finance and Public Credit the authority to plan, establish and conduct general policy in matters of public procurement regulated by the Law on Acquisitions, Leases and Services of the Public Sector and by 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 said matters; as well as promoting the harmonization of policies, norms and criteria in matters of public procurement;

That articles 2, section II of the Law on Acquisitions, Leases and Services of the Public Sector and of the Law on Public Works and Related Services, respectively, establish that CompraNet is the electronic system of public government information on acquisitions, leases, services, public works and services related to the same, of free consultation, in which is integrated, among other information, the data of the contracts and their respective modifying agreements, and constitutes the means by which various contracting procedures carried out by the departments and entities will be developed;

That in terms of what is stipulated in the last paragraph of article 45 of the Law on Acquisitions, Leases and Services of the Public Sector, and in the penultimate paragraph of article 46 of the Law on Public Works and Related Services, as well as in their respective Regulations, the possibility is foreseen to carry out by electronic communication means, the formalization of the legal instruments derived from the various contracting procedures carried out by the departments and entities;

That in accordance with articles 56, second paragraph of the Law on Acquisitions, Leases and Services of the Public Sector and 74, second paragraph of the Law on Public Works and Related Services, in relation to Transitory Thirteenth 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 is established that the administration of the electronic system of public government information on acquisitions, leases, services, public works and services related to the same, known as CompraNet, corresponds to the Ministry of Finance and Public Credit, in which the departments, entities and the other subjects of said Laws, must incorporate the information that it requires of them, and

That through the "Module of Legal Instrument Formalization", public entities will have in CompraNet an electronic tool that allows the generation and formalization of the legal instruments derived from the various contracting procedures for the acquisition and lease of goods, contracting of services, public works and services related to the same, as well as to generate and/or incorporate the documentation required of them.

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

AGREEMENT INCORPORATING AS A MODULE OF COMPRANET THE APPLICATION KNOWN AS "LEGAL INSTRUMENT FORMALIZATION" AND ISSUING THE GENERAL PROVISIONS REGULATING ITS OPERATION.

ARTICLE FIRST.- OBJECTIVE.

This Agreement aims to incorporate as a module of CompraNet the application known as "Legal Instrument Formalization", as well as to regulate its operation through general provisions that allow its operation.

ARTICLE SECOND.- DEFINITION OF THE LEGAL INSTRUMENT FORMALIZATION MODULE.

The "Legal Instrument Formalization" module is that through which the departments and entities must electronically formalize the legal instruments derived from the various contracting procedures provided for in the Law on Acquisitions, Leases and Services of the Public Sector and in the Law on Public Works and Related Services, as well as generate and/or incorporate the documentation required of them.

ARTICLE THIRD.- SCOPE OF APPLICATION.

This Agreement is mandatory for the public entities referred to in article 1 of the Law on Acquisitions, Leases and Services of the Public Sector and of the Law on Public Works and Related Services, who must carry out, through the "Legal Instrument Formalization" module, the electronic signing of the legal instruments they celebrate, under the provisions established for such purposes in the cited Laws.

ARTICLE FOURTH.- USE OF ADVANCED ELECTRONIC SIGNATURE.

Public servants, suppliers, contractors, as well as national service providers involved in the formalization of a legal instrument, derived from any contracting procedure carried out by the departments and entities, will use as an electronic identification means the Advanced Electronic Signature (e.firma) issued by the Tax Administration Service.

In the case of foreign natural or legal persons involved in the formalization of a legal instrument derived from any contracting procedure, they must obtain their digital certificate with one of the Certifying Authorities in accordance with the Law on Advanced Electronic Signature, in order to use the "Legal Instrument Formalization" module.

ARTICLE FIFTH.- COMPATIBILITY WITH COMPRANET.

The "Legal Instrument Formalization" module will be compatible with the operation of the other modules that integrate CompraNet, so that the formalization of legal instruments and the incorporation of the necessary supporting documentation, derived from the various contracting procedures carried out through that module, comply with the provisions of the Law on Acquisitions, Leases and Services of the Public Sector, and of the Law on Public Works and Related Services and their respective Regulations, as applicable, as well as with other applicable legal provisions in the matter.

For the purposes of the preceding paragraph, the Official Major of the Ministry of Finance and Public Credit will carry out the necessary technological adjustments to CompraNet for the operability of said module.

ARTICLE SIXTH.- ADMINISTRATION OF THE LEGAL INSTRUMENT FORMALIZATION MODULE.

The administration of the operation of the "Legal Instrument Formalization" module will correspond to the Official Major of the Ministry of Finance and Public Credit, with the support of the administrative units of the Official Major that, within the scope of their attributes, intervene in the design, preparation and administration for the electronic formalization of legal instruments.

ARTICLE SEVENTH.- SYSTEM INTEROPERABILITY.

In order to carry out continuous improvements to the "Legal Instrument Formalization" module, in matters that require interoperability and information exchange with the electronic systems of other departments or entities of the Federal Public Administration or public entities of other levels of government, the Official Major of the Ministry of Finance and Public Credit will be authorized to celebrate the collaboration agreements required for such purpose.

ARTICLE EIGHTH.- REGULATION OF THE OPERATION OF THE LEGAL INSTRUMENT FORMALIZATION MODULE.

The Official Major of the Ministry of Finance and Public Credit will issue the Operations Manual of the "Legal Instrument Formalization" module, in which the technical requirements; the access mechanisms, accreditation and use of the application, as well as the manner in which its operation will be carried out, guaranteeing the inalterability and conservation of information, will be specified.

The Operations Manual of the "Legal Instrument Formalization" module and other necessary information that allows its adequate operation, will be available to all its users through the same application or through CompraNet.

ARTICLE NINTH.- INTERPRETATION.

The Official Major of the Ministry of Finance and Public Credit will be the instance authorized to administratively interpret this Agreement, as well as the resolution of cases not provided for in it, for which it may rely on other administrative units of the department, in accordance with the scope of their respective attributes.

TRANSITORY ARTICLES

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

SECOND.- Until the reforms to the Internal Regulations of the Ministry of Finance and Public Credit enter into force, the Official Major will be in charge of designating the public servants who will be responsible for the implementation and monitoring of this Agreement.

THIRD.- The adjustments to the electronic contracting system CompraNet that allow the registration of information related to legal instruments in matters of public works and services related to the same, as established by this Agreement, must be concluded within a period not exceeding 120 calendar days counted from the entry into force of this Agreement, in order to include the corresponding information in such matter.

FOURTH.- The Official Major of the Ministry of Finance and Public Credit, within a period not exceeding 90 calendar days counted from the entry into force of this Agreement, will carry out the technological implementations referred to in Article Fifth of this Agreement.

Respectfully.

Mexico City, on the 9th day of the month of September 2020. - The Secretary of Finance and Public Credit, Arturo Herrera Gutiérrez. - Rubric.

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