Agreement Reforming the Guidelines for Coordinating and Carrying Out Consolidated Procurement Procedures for the Acquisition or Lease of Movable Goods or Provision of Services — SHCP — MX

DOF: 29/12/2022

AGREEMENT reforming the Guidelines for coordinating and carrying out consolidated procurement procedures for the acquisition or lease of movable goods or the provision of services of any nature, published on March 12, 2021.

THALÍA CONCEPCIÓN LAGUNAS ARAGÓN, Comptroller of the Ministry of Finance and Public Credit, based on the provisions of Articles 31, fractions XXV, XXVI, and XXVII of the Organic Law of the Federal Public Administration; Transitory Articles First, Sixth, Seventh, Eighth, 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; Article 17, paragraphs first and third, of the Law on Acquisitions, Leases, and Services of the Public Sector; Article 13 of the Regulations of the Law on Acquisitions, Leases, and Services of the Public Sector; Article 2, fraction IV, and Article 8, fraction XXV and its final paragraph, of the Internal Regulations of the Ministry of Finance and Public Credit; and Articles First and Second of the Agreement delegating various powers to the head of the Office of the Comptroller of the Ministry of Finance and Public Credit in matters of consolidated purchases, published in the Official Gazette of the Federation on October 11, 2019, and

CONSIDERING

That in accordance with the Agreement delegating various powers to the head of the Office of the Comptroller of the Ministry of Finance and Public Credit in matters of consolidated purchases (Agreement), published in the Official Gazette of the Federation on October 11, 2019, the Comptroller has the authority to determine the goods and services to be contracted in a consolidated manner, act as the consolidating area for the purchase or lease procedures of said goods and service contracts, and establish the guidelines to coordinate and carry them out; similarly, the head of the Office of the Comptroller may be assisted by public servants assigned to said administrative unit designated for such purposes;

That pursuant to the provisions of the Agreement, on March 12, 2021, the Guidelines for Coordinating and Carrying Out Consolidated Procurement Procedures for the Acquisition or Lease of Movable Goods or the Provision of Services of Any Nature (Guidelines) were published in the Official Gazette of the Federation, issued by the Office of the Comptroller of the Ministry of Finance and Public Credit, which abrogated various guidelines previously published in the same medium on November 15, 2019;

That the Guidelines are integrated by five sections, namely: I. GENERALITIES; II. ON THE CONSOLIDATION OF CONTRACTS AND INTEGRATION OF INFORMATION; III. ON THE CONSOLIDATION PROCEDURE; IV. ON THE PREPARATION, ADMINISTRATION, AND FOLLOW-UP OF THE CONTRACT; and V. AUTHORIZATION OF RELEASE;

That in Section I. GENERALITIES, various provisions regarding the scope and mandatory application of the Guidelines are foreseen; the definitions used therein; as well as general provisions on their application, among which stand out those provided in Guideline 6, which regulates the manner in which the Market Planning and Investigations Unit (UPIM) must carry out the necessary work to prepare standardized technical specifications for goods, leases, and services susceptible to being contracted in a consolidated manner, as well as to aggregate the demand for goods, leases, and services by the dependencies and entities of the Federal Public Administration;

That Section III. ON THE CONSOLIDATION PROCEDURE provides, among other matters, the stages and actions applicable to consolidation procedures;

That Section V. AUTHORIZATION OF RELEASE regulates in Guidelines 21 to 24 the requirements for dependencies and entities to request authorization from this Office of the Comptroller to carry out the contracting of consolidated goods and services themselves;

That, attentive to the application and execution of the Guidelines, the need was identified to review their content, in order to clarify the terms under which the UPIM will carry out the aforementioned tasks; make clarifications to the consolidation procedure; and clarify the meaning and scope of various provisions of Section V. AUTHORIZATION OF RELEASE, and

That the foregoing will allow for a better application of the Guidelines and, consequently, contribute to carrying out consolidated contracts in a more efficient and effective manner, I have deemed it appropriate to issue the following:

AGREEMENT REFORMING THE GUIDELINES FOR COORDINATING AND CARRYING OUT CONSOLIDATED PROCUREMENT PROCEDURES FOR THE ACQUISITION OR LEASE OF MOVABLE GOODS OR THE PROVISION OF SERVICES OF ANY NATURE, PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION ON MARCH 12, 2021

SINGLE.- The Guidelines 6, numeral 2; 14, subsection f); 21, and 23 of the Guidelines for coordinating and carrying out consolidated procurement procedures for the acquisition or lease of movable goods or the provision of services of any nature, published in the Official Gazette of the Federation on March 12, 2021, are REFORMED, to read as follows:

...

Format for aggregation of demand for the goods, leases, and services in question.

The demand for goods and services provided by the Dependencies and Entities must adjust to their programming, as well as to the corresponding budget sufficiency, and the requisition must not vary from the planning stage to the contracting stage by more or less than ten percent of its total value, which will be issued at the time as part of the contracting procedure. In the case of goods, they must invariably consider the availability of said goods in their warehouses.

...

14.

...

a) to e) ...

The Dependencies and Entities of the Federal Public Administration (APF) participating will be responsible for concluding the contracts derived from the Consolidated Procurement; for integrating and safeguarding the internal file of the contracting procedure from the communication of the award; verifying the execution of the contract and payment, and for complying with the requirements for the contracting procedure in question. The resources necessary to make the corresponding payments for the goods or services contracted by each Dependency or Entity will be borne by them, which will be responsible for their exercise in accordance with the applicable legal provisions;

g) to h) ...

...

Once the Comptroller determines which contracts must be consolidated, the Dependencies and Entities may request, under their responsibility and for justified causes, authorization to carry out the contracting of the goods and services themselves.

The Comptroller will inform its resolution within a period not exceeding twenty natural days counted from the release request, and, if appropriate,

will require the UAF (Unit Administrators for Acquisitions) to provide information regarding the contracting procedure for goods, leases, or services that was released.

In the case where the Comptroller authorizes the Dependencies and Entities to contract the awarded items from a consolidated procedure, the UAF will conduct a new Market Investigation to support the corresponding contracting procedure.

TRANSITORY

SINGLE.- This Agreement will enter into force the day following its publication in the Official Gazette of the Federation.

Respectfully,

Mexico City, on the 22nd day of the month of December of the year two thousand twenty-two. - The Comptroller, Thalía Concepción Lagunas Aragón. - Signature.

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